Most of the posts appearing here will involve that special kind of outrage that comes from knowing someone who didn’t deserve it got really screwed.

Religious Freedoms

15 Friday Jan 2021

Posted by danielwalldammit in Justice, Native American Themes, Politics

≈ 4 Comments

Tags

civil Rights, Establishment Clause, Free Exercise Clause, Freedom, History, Indian Civil Rights Act, Jurisdiction, liberty, religious freedom

Here is an interesting question (to me anyway). What legal mechanism prevents the Federal Government from banning your church?

(Hopefully, they don’t want to, but humor me…)

That would be the First Amendment, right, or more precisely the ‘free exercise clause’ of the First Amendment.

Okay, so what stops your state government from banning your church?

It’s not the First Amendment, not alone anyway. The relevant text of the First Amendment reads as follows; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” So, that prevents CONGRESS, and by extension other Federal entities operating under the authority of Congress, from banning your church. It doesn’t say anything about the actions of state governments.

What would prevent a state government from doing such a thing?

That would be the Fourteenth Amendment, or perhaps the First Amendment, as incorporated into state jurisdiction via the Fourteenth Amendment.

Section I of the Fourteenth Amendment reads as follows (emphasis added):

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

This is significantly more ambiguous, of course, but I do believe most people, and more importantly, most of the relevant legal authorities, generally take this to mean that state governments have been operating under the free exercise clause (or some principle like it) since the ratification of the Fourteenth Amendment.

Okay, good fun, right?

Now here is a question, most Americans might not think about. What prevents a tribal government from banning a church on their own lands?

By tribal government, I mean the government of any Federally recognized tribe within the United States. We are talking about American Indians or Alaska Natives here. So, I am asking what legal mechanism would prevent a tribal government representing one of the indigenous peoples of the United States from banning a church under the own jurisdiction?

It isn’t any explicit measure in the U.S. Constitution itself.

Nope!

There is nothing specific in the text of the U.S. Constitution which limits the authority of a tribal government to restrict the religious activities of anyone subject to their jurisdiction. Congress has of course asserted plenary power to alter the relationship between tribal governments and the Federal Government at will since Lone Wolf v. Hitchcock (1903). (At least that is when the doctrine of ‘plenary power’ received its most explicit expression under the Federal courts.) Still, absent any explicit action from Congress restricting the authority of an Indian tribe, indigenous people are assumed under U.S. Law to retain any sovereign powers they had before colonization began. So, in the absence of any clear Federal statement to the Contrary, a tribal government may resolve the matter of religion and religious freedom as they deem fit. (Some would argue, that is exactly how it ought to work.) In any event, the Tenth District of the Federal Courts ruled in 1959 that no such law existed. According to the decision in Native American Church v. Navajo Tribal Council (1959), neither the U.S. Constitution nor any Federal Law obligates tribal governments to respect the free exercise clause or any principle like it.

Now, as I mentioned earlier, some would say that is how it should be. Let indigenous people settle any questions about religious freedom for their own members (or others subject to their jurisdiction) themselves! For good or for ill, it’s their business.

Well, that’s not what happened.

What happened was The Indian Civil Rights Act of 1968.

In other words, the answer to my third question is The Indian Civil Rights Act of 1968.

What stops a tribal government from banning a church is The Indian Civil Rights Act. This was part of a larger Federal Law expanding civil rights in a number of areas (most of which were of more direct concern to African Americans at the time). The Indian Civil Rights Act applies most of the provisions of the Bill of Rights to the actions of tribal governments. Significantly, it does not incorporate the establishment clause of the First Amendment into tribal jurisdiction. Tribal governments are free to establish their own religions, but they are not free to restrict the religious activities of those subject to their jurisdiction.

You can see this in the relevant text.

“No Indian tribe in exercising powers of self-government shall—

make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances…”

Note that there is a clear reference to the principle of free exercise, and yet, there is no mention of establishment. So, you can see it in the text. The Indian Civil Rights Act only incorporates 1 of the 2 basic religion clauses of the First Amendment into the context of tribal government. This somewhat belies the thinking of America’s founding fathers who might have suggested that the two clauses work together to ensure that religion will not become a source of abuse, or more to the point, to prevent an establishment of religion from becoming the reason religious freedom is restricted, but of course all of this ignores the context of colonialism here. The power of any religious establishment that might occur under tribal jurisdiction is significantly blunted by the presence of a larger Federal government which has already compromised a great deal of tribal sovereignty,not to mention state governments eager to eat away at what might be left of tribal sovereignty. In any event, the thinking at the time the ICRA was passed is that traditional tribal government is far too entangled with the ceremonial systems and spiritual narratives of the people in question to introduce the proverbial “separation of church and state.”

Of course, the ICRA has other significant limitations, particularly insofar as anyone might attempt to apply it to civil disputes, but that’s another matter.

All of this is to say nothing whatsoever about the religious freedoms of Native Americans facing regulations by the Federal and State governments. That’s a whole other messy history in itself.

Damned ugly one at that!

Finally, one reason I think this little exercise is worth doing is it helps to illustrate the way that religious freedom sits in the context of American law. Most people just think they have a right of religious freedom. They don’t really distinguish the establishment clause from the free exercise clause much less make a serious effort to think about how these measures relate to one another. More importantly, folks tend not to think very carefully about the way that concepts of religious freedom play out in different layers of American government. Of course far too many people, think government is government is government, until they are pushed to start making distinctions, but the point at the present is this, religious freedom is not simply an abstract concept under the U.S. Constitution. It takes the form of specific limitations applied to specific levels of government through different legal provisions. Religious Freedom takes different forms in relation to different layers of American government.

The Good Lord Baldwin Country, and to Hell With Buckley Anyway!

03 Sunday Jan 2021

Posted by danielwalldammit in History, Justice, Politics

≈ 3 Comments

Tags

Debate, History, Horror, James Baldwin, Lovecraft Country, Racism, Slavery, The Good Lord Bird, White Privilege, William F. Buckley

“Are white South African or Mississippi sharecropper, or Mississippi sheriff, or a Frenchman driven out of Algeria, all have, at bottom, a system of reality which compels them to, for example, in the case of the French exile from Algeria, to offend French reasons from having ruled Algeria. The Mississippi or Alabama sheriff, who really does believe, when he’s facing a Negro boy or girl, that this woman, this man, this child must be insane to attack the system to which he owes his entire identity.”

God damn that James Baldwin!

He was right about far too many things.

He was right about them in 1965, and speaking as he was in 1965, he is just as right about them today, damn it anyhow. It’s enough to make a white guy raised on stories of progress feel all somehow!

I really do hate that!

You can hear Baldwin’s voice in the first episode of Lovecraft Country. An exerpt from a speech he gave at Cambridge Union back in 1965 plays over a couple scenes this in this episode.

This is as brilliant as it is ironic.

This Baldwinization of Lovecraft effectively transforms the literary themes of a known racist into a meditation on the nature of racism in American history. You can see Lovecraft in the monsters. You can see Baldwin in the protagonists.

YEAH SPOILERS!

Lest one miss the connection to Baldwin’s speech in 1965, one has only to think about a few more of his words;

“We talk about integration in America as though it was some great new conundrum. The problem in America is that we’ve been integrated for a very long time. Put me next to any African and you will see what I mean. My grandmother was not a rapist.”

Now just think about the plot-line for the male lead in Lovecraft country, a back man (Atticus Freeman – played by Jonathan Majors) turns out to be an heir of a rich white explorer. Far from being a blessing, this proves to be a terrible curse.

Lovecraft Country, is James Baldwin’s critique of American racism transformed into a horror story. Just how much of a transformation that took is another question. It should come as no surprise to find Jordan Peele listed as one of the show’s producers. It wouldn’t be the first time, he mapped the patterns of racism directly onto a horror story and left some of us more than a little disturbed at how easy and obvious the connection turned out to be. It’s also fitting that Lovecraft, in particular, would be the vehicle for this narrative, not just because of the delicious irony, but because so much of Lovecraftian horror resides in the prospect of insanity. In Lovecraft, this horror is about the encounter with horrors such as C’thulhu, in the consequence of knowing one day a monstrous God will destroy everything and there is nothing we can do about it. In Baldwin, this insanity the consequences of racism. It is about the perception of whites threatened by those challenging racism, and about the impact of racism itself on the minds of white people struggling to rationalize our own privilege. As Baldwin suggests, white privilege leads us to think of those who challenge it as insane, and yet that same same privilege cannot skew the reality of those who benefit from it. Racism, as Baldwin describes it, does merely enable one segment of society to oppress another; it twists the minds of each into a distorted of reality.

“I suggest that what has happened to white Southerners is in some ways, after all, much worse than what has happened to Negroes there because Sheriff Clark in Selma, Alabama, cannot be considered – you know, no one can be dismissed as a total monster. I’m sure he loves his wife, his children. I’m sure, you know, he likes to get drunk. You know, after all, one’s got to assume he is visibly a man like me. But he doesn’t know what drives him to use the club, to menace with the gun and to use the cattle prod. Something awful must have happened to a human being to be able to put a cattle prod against a woman’s breasts, for example. What happens to the woman is ghastly. What happens to the man who does it is in some ways much, much worse.”

You can see the psychological impact of racism all over Lovecraft country. The horrors faced by the central characters in this story are consistently brought to them by white people. For their own part, the world of the white characters in this series appears to be quite insane.

But of course!

How could the white characters in this world not prove insane. They are on the back end of the cattle prod, so to speak, and that, as Baldwin warns us, has its own hazards.

This same theme, the psychological effect of racism, also plays out in yet another contemporary series, The Good Lord Bird. Ostensibly a story about John Brown, the series turns into a meditation on the insanity of slavery, and in particular of its effect on those who benefit from it. There are few well-grounded characters in this story. Most of them are slaves. Even Frederick Douglas comes across as a man spoiled by privilege, one whose sense of reality is distorted by his own fame as an abolitionist, and whose commitments to the abolition of slavery are compromised by that very fame. To say nothing of John Brown himself! As he is portrayed in this series, Brown is an absolute lunatic. We love him, of course, at least in the end, but there is little question about his sanity. He doesn’t have it. No. To find a sensible character in this story, one has to look with the characters held in bondage. The slaves in this story are the only characters with the good sense to look after themselves. The rest are either too busy defending slavery and exploiting it or spiraling into ever more crazy schemes for opposing it. For those held in bondage, slavery in the Good Lord Bird is a force which keeps subjected to it well grounded; it is a force which sends those free of it into ever more bizarre flights of fancy.

The Good Lord Bird follows the story of an adolescent boy, Henry Shackleford (played by Joshua Caleb Johnson). Henry is labeled a girl by John Brown himself and Christened with a new nickname, ‘Onion’. When Brown proves incapable of correction, Henry simply accepts his new identity and thus becomes ‘Onion’ for the rest of the series. Henry knows who he is of course, but this is what it takes to get along in a world driven mad by people high on the privilege of freedom denied to others.

There is something especially interesting about the insanity of Brown and Douglas in the Good Lord Bird. It is as though the series producers believe you would have to be a little crazy to cut so far against the grain of the society in which you live, to seek to act effectively in opposition to slavery, to actually do what it takes to end it. Brown is typically regarded as something of a lunatic or a fanatic in history. (As I recall, this was one of the gripes mentioned by James Loewen in Lies My Teachers Told Me.) But how does one oppose an institution as powerful as slavery without becoming a lunatic or a fanatic. You can mumble, “oh that’s wrong,” or speak of some day overcoming the institution, but systemic oppression is not so fragile as to be threatened by expressions of passive regret. To actually confront the institution is to wage war against so many other things right along with it, even to risk bringing about harm to many people. That would of course include friends, and family, and even those one might seek to help in the end. You’d have to be a little crazy to want to do such a thing. Ethan Hawke is a lot crazy as John Brown in this series, and (for some of us anyway) it is a truly lovable performance.

James Baldwin reminds us that it shouldn’t surprise anyone to see a man confronting slavery treated as a crazy person, not at the time, not the history books, and not now on screen.

Damn that Baldwin!

His ghost is writing scripts for cable television.

But of course Baldwin wrote one other script with his speech back in Cambridge. He wrote the script for his debate opponent. You see, Baldwin was there in Cambridge on that day in 1965 to debate William F. Buckley, Jr. The topic for the debate was the proposition; “The American dream is at the expense of the negro.” Baldwin was to take the affirmative and Buckley was there to oppose it.

Two things are particularly striking about this debate: the absolute brilliance of Baldwin’s own speech, and the utterly pathetic response that Buckley makes to it.

It’s worth noting that two separate publications haunt the debate. (See, I haven’t given up the horror references.)

The first of these writings was an article published in 1957 by William F, Buckley entitled “Why the South Must Prevail.” In this publication, Buckley, argued in defense of segregation, suggesting that white southerners needed to maintain segregated institutions and reserve power to whites until such a time as African-Americans (‘negroes’ in Buckley’s article) would prove worthy of it. Now some have suggested Buckley had changed his mind by 1965, but at least in this debate the difference is little more than a courteous veneer. Buckley was always capable of being courteous (though Gore Vidal might have thought otherwise); he was always capable of putting a polite face on his life-log defense of elitism and privilege. The second of these publications was book Baldwin had published in in 1963, The Fire Next Time, which is said to contain a warning that violence could well be the result of continued injustice. Buckley would have described it as a threat. Buckley’s article is the reason he was invited to debate Baldwin. Baldwin’s book is the key to Buckley’s response.

That and Baldwin’s tip that opposing racism must seem like insanity to those whose identity is tied to it.

It’s worth noting that Baldwin makes a point of personalizing the issue of race in his own speech. He claims that he built the infrastructure of the American south, that he himself is the subject of discrimination and racist policies. In effect he makes of himself an indexical icon (as my old professor would have put it), through which to contemplate all of the implications of racism. This offends Buckley a great (as it often seems to offend many today to hear that racism has a negative impact on persons of color). So, Buckley’s first move is to deny it. He suggests that he is going to treat Baldwin as though he were white, and that he will do so, because Baldwin’s race is irrelevant to the matter at hand. He does this in order to deny Baldwin the protections afforded to him as a public speaker making use of a negro identity.

And thus, Buckley’s own speech begins in a world where in Baldwin’s race is irrelevant to the topic of racism; a world in which being black is a privilege, one to which Baldwin is not actually entitled.

But that’s not insane is it?

(Of course it is.)

It gets worse from there!

Buckley does not defend segregation here, nor racism. Instead he dissembles his way through the topic, describing segregation as a ‘dastardly situation’, mocking the excessive concern about racism in American Universities, and suggesting in the end that it is negroes themselves that have failed to advance themselves as a people. In Buckley’s narrative, Segregation appears to be a ghost in the machine, a presence over which no-one takes responsibility, except as it seems, those oppressed by it. If only those gosh-darned negroes and their rotten liberal friends could just get over the whole thing and get on with their lives! As Buckley would have it, the only reason racism is still with us, is because it lives in the efforts of those actively opposing it. You can hear people saying similar things, today of course. It’s just a little more jarring to see someone saying this in the very era in which buses were burned, bombs, were set off, and children spat upon while going to school, all over the topic of racism. …but wait! Dammit! It’s just as jarring to hear it in the era when cops put a knee to man’s neck in broad daylight and on camera, when the Republican Party actively works to deny African-Americans the right to vote, and when white supremacists openly mix their own flags and symbols with those of mainstream American politics.

Shit!

That Baldwin guy just keeps getting righter and righterer!

It’s almost like he’s had some personal experiences with racism or something.

Dammit!

And what about this segregation anyway!?! Buckley’s vision of segregation is a monster worthy of Lovecraft country, one which somehow appears to the majority of us only in hindsight, but which haunts the lives of those afflicted with it. One must think those who complain of racism terribly insane to be afflicted by a demon that exists only in their own politics! Buckley certainly seems to think so. Those telling us “liberalism is a mental illness” today surely do, but of course the brunt of their criticism falls less on liberals than on those in need of remediation. We get insulted; they get to go on living with the with the demon folks like Buckley and his modern descendants will neither claim as their own nor confront in any meaningful way. Buckley did a lot to set ‘conservative’ politics on this course through his publication, National Review. That his vapid waffling response to racism could be considered intellectualism, as it has for so many calling themselves ‘conservative’ has always been a mystery to me. Buckley, never really had anything to say about anything, but he could sure as Hell take more words to say nothing than most any other public figure in modern history. Most particularly, he had nothing meaningful to say about racism or segregation in response to Baldwin.

Buckley concludes his meandering speech by warning Baldwin and those who sympathize with him of an apocalyptic scenario worthy of modern horror films. If, Buckley suggests, folks such as Baldwin insist that the American dream itself is antithetical to the justice which they seek, then he and others who love their country will be forced to fight over it, “on the beaches,” so to speak. Oddly enough, they would be doing so, even for for the benefit of the negro himself, as Buckley would have us believe.

Thus, Buckley ends his speech by imagining, not how segregation might be ended, but how the call for it threatens everything he loves, and how the defense of segregation under the pretense of basic patriotism is in the end, all for the benefit of those oppressed by it.

As beautiful as Baldwin’s speech was, Buckley’s own efforts are sickening.

What’s worse! This debate hasn’t moved a whole Hell of a lot since 1965. In this Debate, Baldwin struggled not to impress the audience with the notion that racism is wrong, but to get people to give a damn about it, to act meaningfully against it. For his part, Buckley struggles to hide it, and to hide the degree to which racism was always central to the world he defended throughout his life. Buckley has a lot in common with an awful lot of people today.

Small wonder that the script for this debate can still be found on your cable television networks.

***

Those present voted 544 to 164 in favor of Baldwin as the winner of the debate. For his part Buckley, bragged that he “didn’t give them a goddamned inch,” or something to that effect.

People can be proud of the strangest things!

I’ll Motte Your Bailey! The White Privilege Edition

13 Tuesday Oct 2020

Posted by danielwalldammit in Justice, Politics

≈ 4 Comments

Tags

Confirmation Bias, Critical Thinking, Motte and Bailey Doctrine, prejudice, Privilege, Race, Racism, Social Justice, White Privilege

Okay, I’m going to regret this…

What’s a “Motte and Bailey doctrine?” The term was coined by Nicholas Shackel. It describes a position in which somebody defines a term in narrow and well-defined terms in contexts of likely dispute and/or rigorous scrutiny, only to adopt a much broader and less rigorous approach to the same topic in practice (e.g. when speaking to a very friendly audience). The language comes from a medieval system of defense in which a tower (usually built on a mound) is surrounded by a stretch of desirable land. The tower on its mound (i.e. the Motte) is where the people of the community go for defense when attacked. The bailey is where people actually live and make their living. So, the concept here is really one of equivocation wherein people employ a strict definition of their stance when pressed only to get sloppy with it whenever opportunity tempts them to less than precise applications.

***

So…

Is “white privilege” a Motte and Bailey doctrine?

Well it certainly can be.

***

What’s the Motte version of “white privilege?”

As I understand it, the rigorous approach to “white privilege” is defined something like this; It is a range of unearned benefits conferred upon those perceived as white. [Alternatively, it is the lack of unearned debits conferred on countless underprivileged peoples as a result of their own (non-white) identity.] To say that this pattern has parallels to gender, sexual orientation, and range of other indices of social stratification is obvious.

What makes this the motte, as far as I see it anyway, is the lack of any direct assertions about the significance of this privilege relative to other issues. A white guy may have less to fear from the police during a traffic stop, for example, but he might still have grown up poor. He might still face discrimination if he speaks with a distinct regional accent. He could possess a disability, grow up with abusive parents, etc. Conversely, someone from an underprivileged minority group might still be wealthy, might still be connected, might still enjoy a range of benefits not available to all whites. In other words, the Motte version of this concept recognizes that white privilege does not automatically amount to getting the upper hand all across the board of social stratification. It is a ascribed status benefit enjoyed by white people. How that benefit stacks up against other such status benefits and detriments is another question.

What’s the bailey?

Well just ask critics of the concept!

How many times has a white guy told you he grew up in a trailer park or a crowded shack in response to comments about white privilege, or otherwise commented on countless travails of her or his early life in an effort to demonstrate that he or she did not have it easy? These arguments wouldn’t work against the motte version of this concept. They only work if ‘white privilege’ clearly entails an easier life for all white people, or at least the vast majority of them. As the possibility that other indices of social stratification would come into play is already built into the motte-version of ‘white privilege,’ all of these arguments fall well short of disproving that concept.

They really do.

So, why aren’t these points just straw man arguments?

They aren’t straw man arguments, because proponents of white privilege don’t always stay in the motte. Sometimes, those employing the notion really do seem to think (or at least say) that whites are uniformly better off. I have personally been told in no uncertain terms that I have had an easier life than they have because I am white, and I have certainly heard the sweeping comparisons from others invoking the notion of white privilege. Additionally, the practice of dismissing anything a white person says on the subject of race, racial privilege, or other social justice themes by reminding us that we speak from a position of privilege tends at least to erase the narrow definitions of the motte and nudge us all closer to a broad generalization about the overall status of white people relative to on-whites. Sometimes, people using this concept really do seem to be painting a simple picture of privilege that squashes a number of other measures of privilege and oppression under the weight of race. All-too-often the notion of white privilege, defined narrowly when scrutiny is likely, becomes in practice a categorical assumption that all white people have it better than all any-other-kinda people.

So, if it is tempting to dismiss the critics of white privilege for attacking a straw man, that temptation must be tempered by the awareness that at least some proponents of the notion actually embody that straw man, at least when they are on a roll.

***

And here is where the whole metaphor begins to fail us. Do people shift back and forth between strict and loose definitions of ‘white privilege.’ Yes, they do. They also do this with debates about the existence (and nature) of God, support for law and order, use of terms like ‘socialism’ or ‘capitalism,” or the love of rock and roll.

Wiggle room happens!

While we might want to encourage people to stick to a single definition of the key terms they use (or even to hold opponents in a debate responsible for doing so whether they want to or not), it is somewhat of a distortion to suggest that this is unusual. It is also a distortion to suggest that it takes the form of two clearly defined variations. Often the slippage is more subtle than that.

And of course it doesn’t help that nobody seems to trust anybody enough to anybody enough to grant them the benefit of the doubt on this topic. To hear some people talk, the very notion of white privilege will bring about the downfall of America, taking Europe with us, and fairly clipping the wings of half the angels in heaven. They can’t even address the motte version of the concept, and they certainly won’t concede it. Others will assume the only reason for expressing skepticism on this concept is a clear dedication (Whether conscious or not) to the support of white privilege. The principle of charity, long advocated by introductory logic teachers all across the land, just isn’t welcome in social justice debates of the modern world. When we acknowledge doubt at all, we tend not to give the other guy the benefit of it, and since nobody is getting any of this benefit themselves, we are that much more stingy about giving it to others.

Dammit all anyhow!

…and of course one of the benefits some of us do enjoy here is the privilege of experiencing this as a largely theoretical subject. For some folks the problem is a lot more urgent than others.

***

In this case, in particular, the middle ground is critical, not because all things moderate are great and wonderful, but because there is a critical question here, one that falls squarely on the boundaries between the motte and the bailey of this particular notion.

Relative to other indices of ascribed social status, just how important is ‘white privilege?” In the life of any given person, or the prospect for a positive outcome in any critical situation, just how likely is white privilege to make the difference? I can well understand that a black man might enjoy the secondary benefits of wealth or that a white man might face discrimination for being poor, but how does wealth (or the display of it) really stack up in comparison to race?

In attempting to answer this question, we do so haunted by the specter of confirmation bias.

White folks like myself typically underestimate the pervasiveness of our privilege. This was once brought home to me quite vividly when driving with my gal, Moni, in the passenger seat. Seeing a police officer race up beside us on the highway only to motion at me to slow down, she was shocked to see how easily I got away with driving over the speed limit. (In my defense, I wasn’t going that fast. Honest!) This is an event she now commemorates by taking pictures of me ‘criming while white’ whenever she gets the chance. Of course, I haven’t always gotten a break from cops in such situations, but after talking to her, I have come to realize that my own ideas about how a traffic stop is likely to go vary considerably with her own, and yes, I do put the difference down to race.

Of course, some in the social justice camp may be a little too quick too assume that racial identity has made the difference in this or that situation, but of course, not all biases are equal. If I was to bet on this, I would put my money on the likelihood that those of us enjoying white privilege miss its effect in our lives far more than those who lack this privilege see it when it isn’t there. In any event, the answer to how much weight white privilege gets in comparison to other indices of social status is going to be heavily skewed by the impact of this very phenonomenon (along with other all the other variables that skew the way that humans experience and treat each other).

The notion of ‘white privilege’ isn’t sufficiently robust without accounting for its relative weight. If we just say, “yes, that’s a benefit, one of many,” then all we are doing is acknowledging that race is one of many things that could trigger prejudice, and that when this happens white people are likely to benefit from the effect of that prejudice.

That takes ‘meh’ all the way to 5!

Simply saying that whiteness is just one index of unearned privilege among many others invites us all to shrug our shoulders and go back to whatever else we were doing. Perhaps we will notice when it matters; perhaps we will not. That position is not just a motte; it’s a meh. We can do better than that.

If on the other hand, we say that white privilege trumps all other considerations in all imaginable contexts, then, well, that just isn’t true. There are at least some contexts in which class, regional dialect, age, health, sexual orientation, personal connections, or any range of considerations could trump race. That white privilege skews the likelihood of positive privilege in some of these areas (e.g. class) more likely is certainly true, but at least some of the time, being white may not matter as being something else.

Some of the time.

In the end, the concept of ‘white privilege’ isn’t significant until we assign it some weight relative to other things that can skew the way that people treat one another.

As I write this, I am envisioning a much-needed trip through the relevant statistical research, but for now I mean to wrap this up by simply framing the position that most sense to me. It is the notion that white privilege, at least in the modern United States, is the most critical index of social status, at least when you account for both the likelihood that it will come up and the impact it will have. There may be less-severe sources of social bias which are more prevalent, and there may be less common sources of bias with more substantial impact when they do occur, but in the long run, white privilege is more likely to make a difference in a critical situation than class, region, age, etc. Do I believe this? Yes, though I am quite open to reconsideration and/or modification of the position.

***

So where does this leave us, or me at any rate?

I reckon us (me), somewhere in the transition from motte to bailey. I am grumble when I see the easy assumption that white people just have it better than others. I grumble more when I talk to white people who can’t even grasp the possibility that their whiteness might have given them an edge in life, at least some of the time. I reckon, the most appropriate thing to do here is to think of this in terms of priorities. As far as social ills go, this is at (or damned near) the top of the hierarchy. It isn’t the be-all and end-all of social justice, but I’d be hard pressed to think of anything more critical to address than racial disparities. That’s not a blank check written for anyone who wants to cash in on the claim to fighting for social justice. A certain amount of mere noise attaches itself to every signal, and shameless opportunists find their way into every cause. Still, I do think this problem is real, and I want more folks who enjoy white privilege would take the notion seriously.

***

It occurs to me that I may have just taken ‘meh’ all the way to 6, but it really does seem to me that the issue only gets interesting when you start asking how important white privilege is relative to other sources of social status. In suggesting that white privilege is more important than other variables, I am certainly picking a fight with anyone who seeks to deny that white privilege exists altogether, and also with those who see it as just one variable drowning in a see of other claims on our social conscience. To say that any other variables of social status could even be weighed against race and white privilege in any manner puts me at odds with quite a few of the proponents of the notion. I may have staked out a position on the middle ground, but in this instance, I doubt this will prove convenient.

Violence is a Cherry

01 Monday Jun 2020

Posted by danielwalldammit in Justice, Politics

≈ 6 Comments

Tags

ANTIFA, Boogaloo, Donald Trump, Escalation, George Floyd, Police Abuse, Protests, Riots, Violence

Violent men only have eyes for each other. On a street full of bystanders, they see only their enemies. In a room full of reasonable people, the violent ones seek each other out and do their damnedest to drag others into the fray. It’s an odd dance, one which enemies do together, and when they do it right, they lure the rest of us into the performance. None of this is new. Violent men and women, only have eyes for each other.

There is a lot of violence to celebrate today, or to decry. And how often does the one turn into the other? A condemnation of violence can easily be a clarion call to strike back, and it can be answered in the same tone.

And thus cacophony becomes a chorus!

None of this really started with the killing of George Floyd, of course; but his death certainly has escalated things a great deal. Some are fighting in the streets, and some are fighting on social media. Some are doing both of course. Either way, that chorus of violent men shouting at each other is getting pretty loud these days.

One of the questions people keep haggling out in the media is just how the violence got started? A protest doesn’t have to turn violent, but many of these certainly did. What was it, or who was it, that pushed all these protests over the top?

The right wing is happy to tell us that it is protesters. They are happily sharing videos of looters, vandals, and beatings occurring in these riots. The more rioters participating in the crime, the better it suits this narrative. It is enough to know that these crimes occur during the riots. This tells us all we need to know, so the right wing suggests; it is sufficient to discredit this entire wave of protests, just as it was enough to discredit the entire Black Lives Matter movement, and any number of other protests in the past. This isn’t a policing problem, so their narrative goes, it’s a crime problem, or even a black problem. The national figures in right wing media won’t quite say the last part of that sentence; they are content to have their followers say it for them.

Others assure us it was the cops, which is certainly fitting, because this was all about cops to begin with. Many who support the protesters will point to numerous instances in which the cops themselves seem to take aggressive action against people who are not really doing anything wrong. This wasn’t the reaction, they will remind us, when armed protesters stormed government buildings not so long ago. …it really wasn’t! So, perhaps the police are the party most responsible for escalating violence in this case? Just as the killing of Floyd points to a need for police reform so does the violence of these riots!

Or perhaps it was white people? By now we have seen enough videos of this; whites breaking windows or spray-painting buildings while black protesters beg them to stop. “They will blame us,” one woman says to a pair of light skinned young ladies with spray cans, and she is right. Her pleas fall on deaf ears, and it’s hard not to think ill of the young ladies as they wander off looking fabulous in their riot-chic.

Donald Trump seems to think it’s ANTIFA. He tells us that the United States declares them to be a terrorist organization. What this means, as far as policy goes, I don’t know. I doubt Donald Trump knows either, but I haven’t yet found the judiciary authority of Twitter statements from the Executive Couch Potato in the U.S. Constitution. Perhaps, Donald Trump has. Who knows what that man hears when others explain things to him! Last I checked, ANTIFA wasn’t even an organization, terrorist or otherwise, but perhaps they become an organization when Donald Trump tweets their governing principles into existence. He may yet have that power. Who knows?

Boogaloo Bois and their kindred are another candidate for the cause of violence. For those fortunate enough to have made it this far without learning of the Boogaloo Bois, let me ruin the world a little more for you! They are a part of a movement intent on starting a race war. ‘Boogaloo’, it seems, has become slang for that war, and so the thinking goes, these folks can bring it about by escalating violence in whatever way possible. In this instance, the suggestion is that Boogaloo Bois, other committed white racists, or even bigoted cops may be engaging in false flag operations, breaking things or carrying out attacks in the guise of protesters. Suffice to say, this prospect folds neatly into the same theme as the white-people-are-doing-it narrative mentioned earlier.

And then of course, there is the general outsiders-are-doing-this theme? In this instance, the idea is to emphasize that the violent perps have come from out of state. What that means is another question. To some, it means they are obviously ANTIFA extremists coming to riot over the usual list of grievances, because that’s what ANTIFA-types do. Damned Anarchists! Others are quite certain this must be boogaloos coming to commit their dirty work in the hopes it will be blamed on African-Americans. Both of these narratives assume clear intent at the outset, though it seems to me some of these out-of-staters may be as prone as the rest of us to get caught in the moment. Either way, I’m pretty sure that those emphasizing the interstate travel theme include a few folks looking at sentencing enhancements and/or federal involvement in what might otherwise be a state crime. It’s one thing to break a window in your home state, but if it can be shown that you crossed a state line for the purpose of doing it, you may be in more trouble than you think.

Conspiracy theories are bunk of course, …except when they aren’t. Violence at protests have often been cause for stories about infiltrators deliberately pushing protests over the line and into genuine violence. Cue the folks saying; “I support protests but not riots” and you now have cause to justify harsh police measures in the short run and to dismiss the cause of the protests in the long run. Whether the culprit is a rogue cop, a random white racist, or any other bad actor, suspicions about such agents are always part of the stories told about protests and the violence associated with them.

What does seem new is the number of videos which seem to show something like this actually happening.

I think we’ve all seen this before, streets filled with conventional protesters and then some guy shows up covered head-to-toe and well-masked, carrying something easily used as a weapon. He makes a bee-line for his target, breaks it, and then makes another bee-line straight out of the scene, leaving other protesters a bit surprised and even confused. We’ve seen that here too, and (this time at least) we’ve seen protesters actively try to stop them. Watching such videos, it isn’t hard to see that such individuals are up to something very different than the average protester. What that is, isn’t so clear, at least not so long as the individuals get away. Of course others will say such incidents are proof positive that a Boogaloo-ANTIFA-Rogue-Cop-Boi is at work, and his actions confirm whichever conspiratorial narrative they happen to favor.

In the coming weeks, we may learn the details of a few of these stories. We may find a conspiracy of sorts explains a burned building here or that beaten man there. We may find cops provoked violence in this city, or the protesters really were just terrible in that one. We may find reason to believe lots of shameless people saw in these protests an opportunity to score some loot from a local store, that some folks will do things they never imagined when they are surrounded by enough angry people doing the same thing. The racists will have plenty of black perpetrators to point at even as others get reason to believe white privilege sometimes carries a spray can or a stick for bashing windows. Those who hate protesters will find plenty in this to vindicate their contempt, and protesters will find plenty of cause in these evenets to take to the streets again some other day.

What we probably won’t have when these riots end (at least I would be damned surprised to find that we do) is evidence that a single one of these narratives explains the whole of the violence occurring in American cities right now. We may well see each and every one of these explanations play out in different stories of the rioting. We won’t get one explanation for all of it. Instead, will will get a range of different stories, each pointing at a different source for the violence. Most likely, people will then cherry pick the evidence to support the narrative best suited to their politics.

Another thing we won’t get in the wake of this, (and please let me be wrong about this!) is a clear course of action for resolving the conflicts that led to these riots.

One other thing we will have, I suspect, is a lot more Covid19 cases.

In the end, the same divisions that pushed so many of these protests into violence will still be with us. The facts won’t tell us once and for all who is to blame, and even if they did, there are too many people who benefit from clouding the issue. So, the same violent people who found each other in the last few days will be looking for each other in the future. The stories they will tell about this round of violence may yet fuel the next round of it, and we will hear the same violent chorus again sometime on down the road.

Unless somebody figures out a few things BEFORE the next George Floyd. There is a real problem here. That problem didn’t begin with the protests much less the riots, and that problem wouldn’t go away even if we did all get a single villain to blame for all this violence. Someone with the will to make things better and the power to do something about it needs to act.

Right now, I don’t even know who that would be.

Innocent Until Proven Guilty*

07 Thursday May 2020

Posted by danielwalldammit in Justice, Politics

≈ 6 Comments

Tags

Bill Barr, Black Lives Matter, Burden of Proof, Law, Michael Flynn, Police, Race, Racism, Rules of Engagement

AA.2 Surely, you remember Michael Flynn?

I remember him well.

I remember him leading the chant of “lock her up” during the 2016 election. I remember him pleading guilty to making false statements to the FBI.

Well, charges were just dropped against Michael Flynn.

They were dropped because Michael Flynn is innocent until properly proven guilty.

Do you remember George Zimmerman?

I do.

He was the man supposedly acting as neighborhood watch when he took a gun and went in search of Trayvon Martin, because Trayvon looked like was up to no good. I remember George Zimmerman was found not guilty in the subsequent trial. I remember countless right wingers lecturing the rest of us about how George Zimmerman was innocent until proven guilty. Many of those same people now tell us stories about how that thug Trayvon attacked Zimmerman without provocation, forcing Zimmerman to shoot him in self-defense.

That’s the story they tell. A story in which Trayvon stands charged, convicted, and executed without a trial.

Because George Zimmernan is innocent until proven guilty!

Do you remember Brett Kavanaugh?

Of course you do.

We are all reminded of Kavanaugh every time the well-stacked right wing Supreme Court delivers a decision. Kavanaugh sits on that court, because he was innocent until proven guilty.

Kavanaugh’s accuser Christine Blasey Ford is of course a lying scumbag who made up accusations against Kavanaugh as part of a liberal plot to keep him off the Supreme Court, so I’m told at any rate. She didn’t prove her case in Kavanaugh’s confirmation hearings, and the reason is obvious to those now happy to have him on the court.

Christine Blasey Ford is guilty because Brett Kavanaugh is innocent until proven guilty.

Do you remember Sandra Bland? She died in the custody of the Sheriff’s Department in Waller County Texas. Nobody was charged, because folks at the Waller County Sheriff’s Department are innocent until proven guilty. How about Timothy Loehmann? He’s the police officer who shot Tamir Rice? He was never prosecuted either, because Timothy Loehmann is innocent until proven guilty. Do you remember Daniel Pantaleo? He’s the police officer who choked Eric Garner to death over loose cigar sales. He wasn’t prosecuted either. Because Daniel Pantaleo is innocent until proven guilty. Do you remember Michael Slager? Okay, that fucker is just guilty! But do you remember Freddie Gray? He died over a pocket knife. All the officers involved in his case were innocent until proven guilty. Yes, they were!

How about Philip Brailsford? He shot and killed Daniel Shaver in a Hotel in Arizona. Brailsford was innocent until proven guilty.

Now we have the case of Ahmaud Arbery. Oh, don’t worry. he’s not accused of anything. He was just jogging. A black man, out jogging! That’s definitely not a cime. But apparently, a couple white men (Greg McMichael and Travis McMichael) decided that Ahmaud might have been a burglar, so they tracked him down and confronted him with a gun. Now there is some reason to believe Arbery might have been the aggressor at the point he was shot. …twice? What he was doing at that moment we will never know, but I reckon he might have meant to defend himself from two crazy white men with a gun. Such considerations won’t matter in the long run, because the McMichaels are entitled to a fair trial, and such speculation will not be relevant in a fair trial.

The McMichaels are both innocent until proven guilty*.

Of course.

***

* Some restrictions apply.

Obviously!

Us and Our Spoiler Alerts

18 Tuesday Jun 2019

Posted by danielwalldammit in Justice, Movies, Politics

≈ 4 Comments

Tags

Children, Film, Girl, Horror, Inequality, Jordan Peele, Movies, Poverty, Us

Us_(2019)_theatrical_poster Seriously, if you ever plan to watch the movie, Us, give this post a skip, because I’m about to drop the mother of all spoilers.

…

No really!

…

Go away!

If you ever plan to watch the movie, go away!

…

I’m doing this for your own good, go away!

…er, I mean; Get Out!

…

Okay, so this movie packs a whole lotta creepy into one punch. That’s no surprise of course. Anybody who’d seen Get Out should have known what was coming. Us, seemed oddly more subtle to me. Oh it wasn’t hard to see the social commentary encoded in the plot, but the specific details of the message didn’t map quite so easily onto those of the plot, at least not for me.

…until the very end.

I watched this film quite shortly after it came out, and the final moments are still under my skin. I suppose I should have seen it coming, but I didn’t. That final reveal does change everything.It’s all kind of disturbing.

…and it leaves me with this one question; which is more disturbing?

The thought that a young girl could be stolen from her life with all its wonderful possibilities and thrown into a living Hell?

The thought that somebody might have come to enjoy a rich and full life by throwing another little girl into that very Hell?

Because we do the latter every day.

We all do.

Donald Trump Speaking Power to Truth

08 Tuesday Jan 2019

Posted by danielwalldammit in Justice, Politics

≈ 14 Comments

Tags

Donald Trump, human rights, Immigration, Race, Racism, Refugees

You know what might have worked? For me anyway. If a report had been made in the wake of a comprehensive immigration review, or just a comprehensive review of border security. If that report had included the unlikely recommendation that a wall be stretched across the entire border, or (more likely) if such a review had recommended renovations to existing stretches of wall, or even adding more wall in selected locations. Hell, I could imagine a wall helping to prevent accidental deaths among other things. I know there are people who advocate completely open borders, but I’m not one of them, and I don’t think the vast majority of modern liberals take such a view either. If such a report had come out, and Donald Trump had said he wanted to implement the changes recommended in that report, that might have worked. A lot depends on the details, but I could see myself supporting such measures.

But that is not what happened.

What happened was the semi-conscious anal fistula that currently occupies the White House came down that damned escalator and gave a shout out to all the white supremacists in the nation. He made a point to tell them he was on their side. It’s a point he has come back to time and time again. Whenever that flaming wank-maggot needs to feel a little better about himself, he stirs the racist pot by coming back to immigration and hitting that subject with a bigger dumber hammer.

Donald Trump didn’t advocate immigration reform. He hasn’t restricted his attacks on immigrants to those who come here illegally, and he certainly hasn’t made any effort to ensure that his policies will actually help, even to curtail illegal immigration, which was on the decline before he took office to begin with. He hasn’t even made responsible use of the resources already at his disposal His brinksmanship on the issue has included the demonization of all immigrants (including legal immigrants and genuine refugees), the demonization of Muslims in general, the orchestrated kidnapping of children, active promotion of immigrant caravans (only to use those very caravans to trigger riots at the border).

There are legitimate concerns about immigration, and about border security. If you think those concerns have anything to do with Donald Trump’s approach to the subject, then I have a degree from Trump University to sell you.

So here we are, waiting for Trump’s big speech at the border. He will do what he always does, which is to speak power to truth and wait for the engines of bigotry to make his malicious fairy tales into an accomplished fact. The deplorables will do what they always do which is to try and read more reasonable themes into his bullshit on the one hand, and then use his claims to press the the boundaries of bigotry on the other. If Trump supporters have their way, the utter bullshit that is every word seeping from the mouth of this festering bloodfart will one day pass for truth.

It isn’t. It never will be.

As sure as the sun rises this coming speech will be lies piled on top of more lies. We’ll be lucky if it doesn’t turn out to be the modern American version of the Reichstag Fire Decree.

Black k Klansman

05 Wednesday Dec 2018

Posted by danielwalldammit in Justice, Movies, Politics, Uncategorized

≈ 3 Comments

Tags

Black Klansman, Film, Ku Klux Klan, Movies, Police, Race, Racism, Ron Stalworth, Spike Lee

There are moments (mostly the innocent ones) in Black Klansman where the movie seems to be telling us something about the 70s. There are other moments (as in references to “America First” or allusions to the Trump administration) when the movie is clearly telling us something about today. Most of the time, however, the movie seems to be telling us about both at the same time. What’s missing from this movie is the period in between, a good three or four decades, depending on how you count them, when many of us might have thought race relations were getting better. Perhaps that thought was never more than naiveté, a mere fantasy, but if so the fantasy was certainly a part of the world erased in this film. I’d like to think Spike Lee is wrong to erase those years in this film, but he isn’t.

That erasure, it seems, is precisely the point.

The hope of those intervening years between the end of segregation in America and the present rise of white nationaism is in fact well well represented in Black Klansman. It’s repreented by Ron Stalworth (played by John David Washington), the central character in Black Klansman, a story inspired by events in the career of a real life police officer. We meet Stalworth as he becomes the first black officer on the Colorado Springs police force. It’s a step forward, some might have said back in the day. “Selling out” might be how others would have put it. Stalworth lives in the tension between these two ways of looking at his career, one which envisions police authority as consistent, at least in theory with the possibility or racial justice, and one which sees it as an explicit tool of white supremacy. For his own part, Stalworth is clearly trying to make the former outlook work, but he’s torn from all sides, both by racism within the police force and by those who see police as an essentially racist institution.

To hear him talk, Stalworth could pass for white, which probably says as much about those in the movie (and those of us watching it) who think he sounds white as it does about the man himself. Whatever the reason, this feature of Stalworth’s character has an obvious utility; it will enable him to pass, at least on the phone. Stalworth is also willing to cut his fro if the Police Chief wants him to, but no, that’s not necessary, The Chief likes it. At the same time, Stalworth fights a never ending battle against the casual racism of his fellow officers. What to do about the overt bigots whose racism is far from casual, he isn’t sure, at least not at the outset of the film. Stalworth is picking his battles. Fair enough! But is the trade-off equitable? One gets the impression no-one is quite happy with the arrangement, least of all Stalworth himself.

It’s this awkward effort to find an acceptable accommodation between social justice and institutions which have historically enforced racism that makes Stalworth a great symbol for the intervening years between the seventies and the modern era. He is a back man trying to make America work. for his own people along with the rest of us. Some might consider that a fools errand, but Stalworth lived in an era when it seemed almost possible.

The Police Chief takes Stalworth’s discomfort up a notch by asking him to go undercover to attend a speech by Stokely Carmichael so he can keep track of the radical students who sponsored the event. There Carmichael is known by his new name of Kwame Ture. Ture speaks of police abuse, even the murder of African-Americans. He also urges his audience to prepare for violent revolution. Stalworth is surprised to find that he likes Ture’s speech, and the fact that he likes the speech is a big problem. It’s a problem because Stalwort is there to spy on the man and the black radicals listening to him. From the snadpoint of the police department, he’s not supposed to like the speech at all. From the standpoint of the student radicals, he isn’t supposed to be there at all, at least not for the reasons he has come.

…and certainly not wearing a mic.

It doesn’t help matters that Stalworth knows people in his own police department guilty of the very racism Ture was talking about. It also doesn’t help that he is falling rapidly in love with Patrice Dumas (Laura Harrier), President of the Black Student Union. She is arguably the main subject of his investigation, and she herself certainly would not approve of his undercover work. It REALLY doesn’t help that she was pulled over by racist police officers after the speech and sexually assaulted during the stop, confirming everything Ture said in his speech while underscoring Stalworth’s inability to do anything about it.

So, how is he going to explain Ture’s promotion of revolution to the Police Chief? How will he explain his role in the police department to the love interest who sees police as the enemy? It’s a problem.

All of this comes before Stalworth’s infiltration into the Ku Klux Klan.

If there is any ray of hope to found in these initial scenes, it comes in the form of a night spent dancing in the wake of Ture’s presentation. Whatever Ture’s rhetoric, the radicals who brought him were content to spend the evening peacefully enjoying themselves on the dance floor. This gives Stalworth an angle, so to speak. He decides that these radicals are just talking about the violent revolution. They aren’t actually planning to kill anybody. It’s not the easiest message to sell. The Police Chief doesn’t buy it any more than Patrice and her companions buy the notion that police are meant to serve the community.

If there is a way to make police-work consistent with racial justice, Stalworth hasn’t found it when the larger plot kicks off, when Stalworth stumbles upon the opportunity to open up an investigation into the Klan with the help of Flip Zimmerman (Adam Driver). If the black radicals he’d been investigating at the start of this film weren’t really violent, the Klansman certainly were, at least enough of them to pose a threat. Of course this investigation is the real focus on the film. It’s also where the film departs most from the actual events of the real events in question. The real investigation led to the transfer of Klansmen within the military away from sensitive security positions; the movie investigation leads to a real crime.

What interests me about the story most is the larger racial politics of the film itself, and of the society it comments upon. One gets the impression Stalworth isn’t in the most tenable position to begin with. He knows very well the laws he is charged with enforcing hurt his own people, and he also knows anyone seeking to change that poses a real threat to the institutions he represents. Stalworth is caught in the middle of many forces he cannot controle; he has set himself up for a life-time of pushing back in all directions. The main plot seems almost to rescue him from the ambivalence of his position at the outset of the film.

…which brings us back to the political history of the film. Its final moments aren’t about the tricky life Stalworth has set up for himself so much as the rise of violent white nationalism with the advent of the Trump administration. Here Spike Lee drops the fictional story-line entirely and shows us real footage of real white nationalists at work today. It’s a fitting shift, of course. Like the Klan in this story, Trump’s America has fallen on the nation like a great big old boot stomp on the many conflicts that used to plague our politics, conflicts that now seem subtle by comparison. Like the Klansmen in this film, the present administration and its supporters aren’t really all that interested in figuring out the details of social justice; they are happy to promote a clear and obvious vision of white supremacy. If the crime Stalworth thwarts in this move is fictional, the threats posed by a political regime wedded to the likes of the Klan is real. If justice eludes us, the present regime certainly ought to inject a degree of clarity into political questions of our own day.

If it isn’t entirely clear how we should handle racism in police practice, the sort of problem Stalworth is dealing with at the beginning of this film, it ought to be very clear that the present President couldn’t care less. Neither could those who support him. If it isn’t entirely clear how the rest of us should live together, it ought to be very clear that a good number of Americans no longer mean to do so at all, and that they have help at the highest levels, help they are using to undermine every means at our disposal for forking out any equitable solutions to the nations problems. The nation as a whole seems ripped away, like Stalworth, from the tricky problems about racial justice. What we have now is a problem much like that he faced in this film; how to stop those consciously working to ensure no such answers will ever be found.

Special Spooky Halloween Post: When a Hungry Historical Context Gobbles Up Your Text

31 Wednesday Oct 2018

Posted by danielwalldammit in History, Justice, Politics

≈ 5 Comments

Tags

Birthright Citizenship, Citizenship, Donald Trump, Immigration, Neo-Confederates, Politics, Reconstruction, The Fourteenth Amendment, U.S. Constitution

45282907_10217765362510862_2935286808793055232_o Okay, so by now everyone knows, right? Donald Trump has recently said he wants to change the Fourteenth Amendment so as to eliminate birthright citizenship, and he wants to do it without another amendment. The problem according to the idiot in the White House is that some scholars (he assures us) say the prevailing interpretation of the Fourteenth Amendment is just wrong. Changing it, according to this view, is not a case of rewriting the rules so much as it is a case of just changing the way we interpret them. Therefore, the Cheeto and its enablers think he can do this with just an executive order. Nevermind that Obama’s use of executive orders was proof positive that he himself was a demon from a special Muslim Hell sent to personally devour the Constitution right along with all the babies and pizzas ever served in Tea Party Hell, Donald Trump is thinking he’s just gonna do it.

And the deplorables sing, doot, doot doot, da doot, doot doot doot…

***

Some folks tell me that this is a distraction from bomb scares and right wing shooters, or maybe some other legal decision that Donald is going to quietly sign into being while we stand aghast at the orange Hell that has become of our sweet country, but then again, maybe some of those are distractions from this, or maybe someone is distracting us from a election. I dunno. I give up on trying to sort out what’s supposed to be a distraction from what. The problem with all the distraction talk is it assumes that Donald and the deplorables are focused enough to have clear priorities in the first place. That notion is about as plausible as a degree from Trump University.

***

But all of this does raise an interesting question; what is the case for saying the 14th Amendment doesn’t actually make the children of foreign nationals into U.S. citizens if they born on U.S. soil?

Let’s start with the text itself. Section 1 of the Fourteenth Amendment reads as follows:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The first line contains the case for birthright citizenship, and that case is commonly accepted by most people with any professional responsibility to handle such matters or argue them in a courtroom.

So, why would anyone think they are wrong?

***

The quick and dirty version of this argument is to simply say that this doesn’t apply to foreigners, because they are loyal to another country and another set of laws, so they aren’t subject to the jurisdiction of the U.S.

The quick and dirty version of this argument is also very stupid, but yes, I have met people who make precisely that argument, as stated above, and without adding anything else to the argument.

Anyway, the quick and dirty response to the quick and dirty version of this argument is to point out that foreign nationals, undocumented immigrants, modern secessionists, and full-on fugitives from the law are all subject to U.S. law whether they like it or not. If that’s just a matter of opinion, it’s an opinion likely shared by those with the power to make it so.

***

The quick and dirtier argument is that the 14th Amendment was written to protect the freedman from Jim Crow laws passed in the wake of the civil war. — You know what, let’s all just take a moment here to appreciate the fact that those now reminding us of this fact as a means of denying citizenship to Latinos contain a lot of the same neo-Confederates whose sympathies clearly aren’t with those recently freed slaves anyway, …or their descendants. The 14th Amendment has always been a great big thorn in the side of the bigots who want to resurrect the old South. There is a clear pattern here, and it sure as Hell isn’t defined by careful attention to historical facts and details of Constitutional law. — Anyway, the point in this quick and dirtier version of the argument against birthright citizenship is that the law was always mean to protect a specific class of people, newly freed slaves, and that our nation’s present habit of applying it to just about anyone born in our country extends the application of that law beyond its original purpose.

And here, history gobbles up law. Context eats text, and the whole nation let’s out a big fat bigoted burp in celebration.

…if Donnie and the deplorables get their way anyway.

The problem here is that the context doesn’t in itself elucidate the text, it just gobbles it up. (Yep, I’m sticking with that imagery.) If you go back up and read the text above, it simply doesn’t say; “Hey southerners, black people are citizens, so stop treating them like shit!” No, it doesn’t. Instead, it presents us with a perfectly general principle, and that principle is not limited in scope to the specific historical context in which it was written. Those who wrote it could well have defined its scope more narrowly if they wanted to. They didn’t.

Far from helping us to understand the meaning of the text, this pseudo-historicism invites us to ignore the text on account of an historical factoid.

Neo-confederates iz the cwaziest peopowz!

So, the quick and dirtier argument is also stupid, but I really must insist, I have met people who have made precisely this argument, without adding anything else to it. It’s unimpressive. It really isn’t all that clear that Donald Trump or the vast majority of his supporters have anything more going for them than this simple sleight-of-hand gimmick, not withstanding that we can all see them palming the cards even as they congratulate themselves on a winning hand.

***

But is there more to it?

Yeah, well, kinda. If you aren’t too particular, there is an argument to be made that goes a little beyond this kind of idiocy. It takes us back to the clause “and subject to the jurisdiction thereof.” Some folks would have us believe that there is specific reason to think this clause was not intended by those who wrote it, debated it, and voted on it to apply to foreign nationals. If that’s the case, they maintain, the children of those nationals would not be made citizens by simple birth here in the U.S.

What is that reason?

Well it isn’t a question of legal versus illegal immigration, because America wasn’t really trying to control immigration at that point in our history. So, don’t let any deplorables take you down that dumb-ass dead-end either.

No, the argument rests on the possibility that the framers, so to speak, of the Fourteenth Amendment specifically said that its protections did not apply to non-nationals. If we can find people involved in writing the law who said it shouldn’t apply to foreign nationals, so the argument goes, then we should assume that the phrase invoking jurisdiction was always meant to exclude them. The Supreme Court has already ruled that children of legal immigrants are entitled to birthright citizenship under the 14th Amendment, and no doubt the anti-birthers consider that a mistake, but more importantly, they will insist the court has never applied this standard to the children of illegal immigrants.

…which once again, is a distinction that wasn’t made when the 14th Amendment was drafted and ratified.

That really should be QED right there, but these are strange days indeed, so I guess we’ll have to go a couple extra rounds on the topic.

***

One of the most idiotic versions of this argument comes from a misquoting of the principle author of the 14th Amendment Senator Jacob Howard who stated:

…[E]very person born within the limits of the United State, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person

Those using this passage to argue against birthright citizenship typically make one minor alteration the text. They add an ‘or’ before the clause saying “who belong to the families of ambassadors…” This transforms the original text, taking what is in effect an elaboration on a single concept and makes it something of a list. The ambassadors become one more class of people in addition to aliens, whereas the original text is simply spelling out the same concept with a variety of different phrases. Michael Anton, a former aid in the Trump administration pulled this stunt. He still insists that the ‘or’ just spells out the actual intent better for the audience. He is lying of course.

Yes, lying.

***

The argument isn’t always made on such disingenuous grounds. Not surprisingly, the Congressional debates over the 14th Amendment contain an extensive discussion of the range of people covered under the provision. There were many questions about how this might or might not apply to Indians, and in particular to Indians who retained connections to their own tribal communities. There were questions about how it might apply to Chinese immigrants and gypsies, etc.

Far from a clear concept, citizenship itself emerges as a tangled mess of a idea in these discussions. One gets a general sense that while many of the participants assumed that anyone in the United States was entitled to the legal protections in the Bill of Rights (which puts them at odds with much of the right wing today), they also recognized that the right to vote among other things was in fact limited to people who were not loyal to a foreign nation. They also distinguished the basic rights that might go with simply living in America from the right to hold property and/or the obligation to serve in the military if drafted, and all of this was discussed under the banner of ‘citizenship’. One gets the impression that those debating the 14th Amendment weren’t all that certain as to just what citizenship entailed. A few had definite opinions to be sure, but as a group, they are not all on the same page.

***

The whole issue is further complicated by the precedent set by the Civil Rights Act of 1866 which contains explicit language excluding those loyal to a different nation, and an assumption by some participants that the 14th Amendment really does the same thing. In effect, people looking at two different documents containing very different language seemed to treat them as though they meant the same thing.

…which is a problem.

Here is the relevant text from the Civil Rights Act with the relevant section in bold:

To protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.

You can see that this doesn’t match the text of the 14th Amendment. Simply put; those who now assume that the 14th Amendment was always intended to exclude children of foreign nationals born in the United States would be right if they were talking about the Civil Rights Act. When talking about the 14th Amendment, however, they are talking about a very different text, and the relevant clause is simply lacking. Instead, such people must look for commentary from supporters in the Congressional record or some source of comparable value.

***

When they aren’t deliberately misrepresenting Jacob Howard, opponents of birthright citizenship usually reference Sen. Lyman Trumbull of Illinois, who maintains in the Congressional Record that the passage only applies to ‘complete’ citizens of the U.S. and goes on to argue that Navajos, for example are not complete citizens because, being still separate in some sense from the rest of the U.S., they do not vote and maintain their own separate jurisdiction.

(Don’t get your hopes up, racists! This fact has changed.)

Of course one problem with the Navajo example is that it applies to people who actively maintain a separate jurisdiction within the U.S., thus being yet another instance of the degree to which the legal framework for Indian tribes emerges haphazardly within the case history of the Supreme Court. The role that Indian tribal governments play in the legal framework of the United States has never been clear, and that has always complicated the rights of the nation’s indigenous peoples. So, the example is troublesome, to say the least.That said, the example is hardly beside the point. A good portion of the discussion about exemptions to the jurisdiction of the U.S. is driven by the very explicit question of whether or not it would make the entire native population into citizens. Those using comments about that debate are in fact exploiting the vagaries of of Federal Indian law to generalize an exemption from citizenship for non-nationals.

Yes, that’s right. People who want to keep Latinos from becoming American citizens are trying to remind us that the 14th Amendment was only supposed to protect blacks (another group these bigots are not too fond of), and they are resting their argument on efforts to keep Native Americans from voting.

Irony abounds. At last it would, if it weren’t dead already.

***

How Trumbuell’s point relates to the children of foreign nationals is another question. But if we take Trumbull’s claims in terms of the most general implications possible, the notion here is that full citizenship includes those who can vote and who re subject to the draft, etc., not those who, while entitled to protections of citizens, remain separate from the general population. Again, he is talking about the members Indian tribes, and again, this sense of the issue would match the text of the Civil Right Act; it does not match the text of the 14th Amendment.

The distinction between full citizenship and something slightly less did not escape these people; it is all over their discussion, and yet they did not write it into the text of the 14th Amendment. So, what do Trumbull’s comments amount to? Likely as not, a degree of confusion on his part, but those who use him to suggest a new reading of the 14th Amendment do more to show us that people don’t always understand the rules they advocate than they do to show us that the rule in question was clearly meant to exclude the children of foreign nationals.

***

This is one of the big problems with Constitutional originalism; its advocates continually present us with a case for following the rules as America’s founders (or at least those framing particular laws and constitutional provisions) would have understood them, but the understanding of such people is often as shifty as that of anyone we know today. This is one of the reasons we write things down folks; to fix what we mean in a static form, so that you can’t just keep changing your mind. Constitutional originalism effectively enables modern legal scholars to take that fixity out of the equation and cherry pick the past for the most convenient quotes possible. In this case it substitutes a general sense of how some proponents of the 14th Amendment might have understood it at the time (at least when debating the rights of Indian peoples), for the language of the text itself. When the language contradicts its interpretation by their preferred historical sources, they urge us to go with the sources instead of the text.

In effect, those reading birthright citizenship out of the 14th Amendment seek to see the text of the amendment itself swallowed up in a historical narrative. That this narrative itself is quite debatable is an objection in itself, but as a contextualization strategy for reading the 14th Amendment, it is utter bullshit.

This is a version of context suitable for Halloween, because this kind of context swallows up the very text it is intended to shed light on. No, these people aren’t upholding great constitutional principles, no matter how much they would wish we believed that; they are simply weaponizing obscure historical details, and they are doing so for the clear purpose of hurting some of the most powerless people on U.S. soil, the children of undocumented immigrants.

Of course the central irony here is that those pushing a reading of the 14th Amendment that excludes birthright citizenship are not acting in the spirit of the provision in any sense. Whatever else may be said of the 14th Amendment, it was certainly meant to protect people badly in need of help from the violence of racists intent on oppressing them. Historical obfuscation aside, those pushing this narrative today are seeking to empower racists Hell-bent on scapegoating immigrants from Latin America for our nations many problems. As much as these people may tell stories of standing up to great bastions of power and fighting a liberal establishment, these people really are punching down. They are punching down with a vengeance, and summoning a vision of historical context well suited to that purpose. Their argument fails as a point of principle. As a political agenda, it’s monstrous.

…and as far as Halloween monsters go, this one is pretty lame.

Kavanaugh, Young and Old

01 Monday Oct 2018

Posted by danielwalldammit in atheism, Justice, Politics, Religion

≈ 28 Comments

Tags

Biography, Brett Kavanaugh, Hypocrisy, Inconsistency, Morality, religion, SCOTUS, Sex, Time

Is it still hypocrisy if your contradictions are separated from one another by decades of your own life? If a moment of ‘yes’ and another moment of ‘no’ have enough time between them, does that mean your off the hook for the difference between them? Could life changing decisions be sufficient to ensue the past doesn’t count against the present? Might someone be excused for having it both ways if they do so in very different chapters of their own biography? Alternatively, supposing time and transformation could be enough to excuse great inconsistencies, might other matters prove sufficient to counteract them? Is it at least possible that time makes the difference in some instances and not others?

It’s common enough to hold moral contradictions against people; it’s also common enough to excuse them when the contradictions can be explained as a clear change of heart. But what if that change is a little too pat? What if it follows a course that’s just a little too obvious?

I am of course thinking about Brett Kavanaugh.

Again.

Watching Brett Kavanaugh struggle to explain his conduct in high school to an audience tasked with judging his fitness for office, I couldn’t help thinking about this very question. If his appointment is confirmed, Kavanaugh will take his place among the many conservative Catholics to hold a position on the Supreme Court of the United States. He will take his place in a judicial voting block that has consistently re-enforced the authority of the state over moral and spiritual matters and the role of Christianity in defining that authority. We can expect him to minimize gay rights and to hammer the final nail in the coffin for women’s reproductive rights as we know them today. If Kavanaugh takes a seat on that court, this will happen regardless of any transformations coming to Congress, even regardless of any possible changes in the White House. This man is poised to impose the moral order of a conservative Christian world view on us all, all of which makes it more than a little ironic to see Kavanaugh sitting there trying to explain the sins of his youth, the very sins he was once proud to proclaim.

I really do wonder what the teenage Kavanaugh would make of the old man now denying all the sexual conquests he was so proud to put in his yearbook?

To say that Kavanaugh partied a lot is to completely miss the point. His high school yearbook alone gives us plenty of evidence that Kavanaugh didn’t just drink and have sex, but that he approached these activities in terms of a toxic masculinity all-too pervasive in some circles. Kavanaugh may have told the world that he refrained some sex until well after high school, but in his yearbook, he wanted the world to know that he’d gotten laid. The story he told in that yearbook didn’t merely recount a sexual encounter, it did so in a manner degrading to the young woman in question. This isn’t merely the excess of a boy enjoying his own life; it’s the cruelty of a young man for whom at least a part of that joy seems to have come from his ability to hurt others, to dominate them.

The problem is plain enough. This is a man who will assert moral authority over our own lives. Make no mistake, that is what he has been put foreword to do! He will assert this authority amidst a number of important questions about his own personal morality.

At least one important defense of Kavanaugh’s character has been the notion that this occurred so long ago that it just isn’t relevant now. Is it really fair, his defenders ask, to impose consequences on the career of a man for things he did so many years ago? There is of course a trace of irony here in that Kavanaugh will almost certainly use the power of the Supreme Court to impose consequences well into the distant future on women for things they’ve done (or in some cases, things done to them) early in life. That’s a problem for Kavanaugh and those who support him. One of many.

The question I mean to raise here is this; is really a clean break here?

If Kavanaugh really had made a clean break with his predatory past, (and let’s be clear, the conduct contained in the yearbook alone is sufficiently predatory in itself to raise questions about his character), …if Kavanaugh really had made such a clean break with his past, then I for one would expect a more honest account for it in the present. When Kavanaugh pretends that his reference to Renate Alumnus was a gesture of respect (a gesture that neither he nor his buddies bothered to convey directly to her), he is lying. When Kavanaugh pretended the notion that this was a reference to sexual conquest is all in the minds of left-wing critics, he dismisses her own reaction to those very words. When he suggested this was all in the imagination of sick critics on the left, he implicated her own reaction to his words. He blamed her too for getting the actual point of his yearbook entry. In effect, Kavanaugh’s testimony in the hearing last Thursday carries foreword the very cruelty that put those words in his yearbook to begin with. When Kavanaugh feigns disgust at the imagination of senators questioning him about the meaning of this and other comments in his yearbook, Kavanaugh shows us that he isn’t at all prepared to own up to the man he once was. Which is one very good reason to question the notion that he is now someone very different.

A different man wouldn’t be afraid to own up to the actions of a childish former self, but a man still caught up in that very childish mindset might.

Of course we can see already ties to the Kavanaugh we see today in the one that wrote all those things in his yearbook. That wasn’t just a young man looking to have fun; that was a rich kid and a star athlete who attended Georgetown Prep, and who would later attend Yale as a legacy student. This kid had a Hell of a head-start in the world and he knew it. You can’t tell me the kid then sowing his oats and bragging about it in his yearbook didn’t have some sense of the future that lay before him, some sense of the role that his faith would play in that future and the potential power that lay within his grasp. Kavanaugh was going places, and his role in the Catholic Church would play a strong role in getting him to those places.

If Kavanaugh really did go to church back in 1982, as he assured us all during the hearing he did, he doesn’t seem to have made much of an effort to live the life envisioned in that church. Still, he had the good sense not to burn his bridges. That faith would serve him well one day, even if he wasn’t all that worried about it while working his way through those 100 kegs he also bragged about.

I can’t say how much of this Kavanaugh consciously thought out, but it’s an awfully common story-line. It’s taken for granted at some ages that some people will not live the life of the faith they profess, and that others won’t expect them to. It’s taken for granted that some people needn’t show common decency to others, let alone great piety, but that doesn’t stop them from endorsing either virtue when doing so won’t obligate them in any real manner. The day sometimes comes when such folks put away their excesses and take up a more conventional role in society, perhaps even a powerful one. In Kavanaugh’s case, this has meant (and will continue to mean) that he will enforce the terms of his own faith on others. It would be easy enough to say that he simply changed; decent enough to say that we should give him the benefit of the doubt as to the matter. And yet, the story remains just a little too pat. A little too convenient.

…and the inconsistently just a little too meaningful.

It would be one thing if the difference between the teenage version of Kavanaugh and the middle-aged man of today held no common thread between them. But is it really that hard to see in a boy who regards a sexual encounter as cause to humiliate the woman he had it with and one who would tell women everywhere that they must simply live with the consequences of their own sexual activity? Is it really that hard to see the connection between a young man for whom an accident of his birth played a key role in his education and one who would insist we should end affirmative action out of concerns over its fairness? Is it really too hard to see in a young man who brags up his party-life the same sense of entitlement shown in an older man who would lie to Congress about his role in the Bush administration or refuse to answer the questions of the opposition party at his most recent hearing? Is it so hard to see the sense of untouchable self-worth in both actions?

Kavanaugh may not be the party boy of his of yearbook, but his sense of his own power doesn’t seem to have much changed. He is still an elitist, and he is still happy to impose his will on others. If conventional (Catholic) morality now guides his actions more than it did back in his high school days, that morality is also now far more critical to the power he would wield over others. What Kavanaugh might once have taken through his own physical strength, he now takes by right of high office and pretense of moral purpose.

In the end, this isn’t even a story about hypocrisy; it is a story about a life blessed with privilege, and a man fully prepared to abuse it.

***

Both pictures were taken from the Wikopeadia page on Kavanaugh, 10/1/18: https://en.wikipedia.org/wiki/Brett_Kavanaugh

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Special Spooky Halloween Post: When a Hungry Historical Context Gobbles Up Your Text

Kavanaugh, Young and Old

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