A Most Superior Person

January 11, 1859:  George Nathaniel Curzon is born, the eldest son of a baron from Derbyshire.  His family had lived on the place he was born since at least the late 13th Century.

The arc of Curzon’s life and career is in many ways almost emblematic of the late-Victorian nobility.  He never got along with his father.  His childhood appears to have been blighted by conflict with his governess.  He was brilliant; so much so, in fact, that nationally prominent politicians took an active interest in and asked after his examination results when he was a mere school-boy at Eton.  He studied at Oxford, where his brilliance won him powerful connections.  His fellow students composed a bit of doggerel about him:

My name is George Nathaniel Curzon./I am a most superior person./My face is pink, my hair is sleek;/I dine at Blenheim twice a week.

And that about sums up the reactions he was to inspire among his contemporaries all his life long.  He really was that brilliant, but he wore his mental accomplishments about as poorly as it was possible to do.  Gratuitous offense seems to have been nearly a compulsion.

In the late 1880s and early 1890s he travelled extensively throughout Central Asia and the Middle East.  Unlike most of his social peers, he seems genuinely to have been fascinated by the places and people he encountered, and to have expended a tremendous amount of energy actually to understand them, their history, their societies, and the worlds in which they lived.  Being a Most Superior Person, he wrote copiously about his travels and observations.  At least at the time, his books were the most detailed and accurate assessments of the places he went available to the Western world.  In short, over the course of his years spent in the area, he made himself by a wide margin among the best-informed public men on the challenges arising from those parts of the world.

That degree of comprehension was not unimportant, either, because of who he was.  In 1885 he had become assistant private secretary to Lord Salisbury, one of the dominant forces in British politics for most of the last 20 years of the Victorian era.  Curzon entered the Commons in 1886, and promptly began to display those personality traits that had made him so admired and disliked at Oxford.

Curzon became the last of Victoria’s Viceroys of India.  In many ways he was an ideal choice, because he actually cared about the place and its peoples.  In many ways he was a disastrous choice because of his tendency towards self-importance, condescension, and contempt for those who disagreed with him.  As is true of anything at all complicated, India was a breeding ground for issues over which reasonable people could have disagreed in good faith.  It was Curzon’s misfortune that among the people with whom he could disagree was numbered the Earl Kitchener.  Of Khartoum.  One of the most politically connected and savvy operators in late-Victorian Britain.  He and Curzon never got along, and in their fight over control and organization of the Indian army, Curzon never really had a chance.  Kitchener ran rings around him, and eventually maneuvered him into a position where resignation was all that was left.

Curzon’s private life was likewise unfortunate.  Like Randolph Churchill he married American money.  Twice, in fact.  His first wife, whom he loved dearly and lost tragically young, was from Chicago.  His second, with whom he fell out and from whom he separated, was from Alabama.  With his first wife he had three daughters two of whom later got themselves mixed up with (one of them married eventually) Oswald Mosley, the former far-left radical and later head of the British fascist party.  Curzon’s second wife also had an affair with him.  Curzon later spent his daughter’s money restoring (here my memory fails me) a home, whether Curzon’s own or the castle he bought in 1916 I can’t recall.

His later political career was marked by repeated disappointment as he was over-ruled while foreign secretary and later passed over for prime minister.  Once more he does not seem to have enjoyed good relations with his colleagues.

It’s been a few years now, but there’s a very good biography of Curzon which I am pleased to possess.  It’s a wonderful look at a profoundly troubled person, one whose tragic flaw (he was sharp enough to realize how talented he was, but he just took himself so seriously that he repulsed those who might have assisted him to realize his abilities) forever undercut him.

Contemplating Curzon one cannot help recall another fellow who even while a schoolboy was widely thought of as The Anointed One, who was just destined for the highest office.  This boy was told from his days in rompers that he was meant to be president.  Like Curzon, from a very young age he moved in extremely influential circles, and all the while he was told how brilliant he was.  Like Curzon he was famously dismissive of anyone with whom he disagreed.  Unlike Curzon, however, he really wasn’t very talented at all.  But like Curzon he took himself way too seriously; he actually believed all he was told about himself.  And like Curzon he was denied his foretold destiny, by o! so wafer-thin a margin.

On one point of distinction, the career of Al Gore, Jr. and George Nathaniel Curzon are completely different.  Curzon never sold out his country, while Algore took a half-billion dollar payoff from his country’s sworn enemies.  And of course, after being denied what he had all along been told was his by right, he chose to become a charlatan, peddling bogus “science” to enrich himself.

Burke, the IRS, and the Soviet Union

[This is something like the second post I’ve put up in the past six months.  I have no excuses to offer to a silent room, at least beyond observing that if I don’t work, my children don’t eat, the house goes back, and then I can’t keep this tiny patch of the Internet free to be my echo chamber.]

In the course of re-reading one of my favorite non-P. G. Wodehouse fiction books, R. F. Delderfield’s To Serve Them All My Days, I ran across this quotation from Edmund Burke:  “Among a people generally corrupt, liberty cannot long endure.”  It set me to thinking.

Burke specifically set me to thinking about the IRS scandal.  As usual, Paul L. Caron’s keeping score over at his blog.  He posts daily (literally) updates on the most recent oozing filth to be squeezed into daylight from a stone-walling bureaucracy that has long since abandoned any pretense — any at all — that the laws, let alone The Law, applies to it.  Granted, you have to be at least some fraction of a bubble out of plumb to get sufficiently into tax law as not only to teach it but to blog about it, but I’m sure Prof. Caron’s a loyal husband and loving father.  More to the point, his dogged insistence that old men forget, but the IRS shall not be forgot (w/apologies to Henry V) gives me hope that he may be one righteous man upon the finding of whom the gods of civic chaos may stay the visiting of justice upon a wicked land.

Very briefly summarized, where we are is that the senior — as in the commissioner and his chief counsel — folks at the IRS cobbled together a program to target applicants for non-profit status under § 501(c)(4) of the Revenue Code who had certain key words in their names, or who engaged in advocacy contrary to certain political positions, or who even made disseminating copies of the U.S. constitution a project (don’t you just recoil in horror from that last?).  Specifically, they were looking for nasty, ominous-sounding key phrases like “patriot” and “9/12”; they established as a selection criterion criticism of Dear Leader.  These groups were then subjected to an organized-from-on-high, highly detailed program to harass them, to make them expose the names of any who sympathised with them or actively supported them (whether or not members; I guess it’s good that Lindbergh only supported the Nazis but never actually joined up eh wot?).  Even when all the intrusive questions were fully answered (no kidding: among the questions which the federal bureaucracy felt itself entitled to ask was what were the contents of prayers said by some of these groups), and the broad-ranging scope of document demands satisfied, the IRS simply refused to rule one way or the other.  Months and in some cases years went by.  Meanwhile the leftish organizations sailed through the same process in a matter of weeks.

Well so what?  Here’s what.  Without a ruling on 501(c)(4) status from the IRS, an organization which desired such status could not raise funds, as a practical matter.  And as we all know, these days without money your voice remains unheard.  Now, curiously these initiatives within the IRS had their genesis shortly after the 2010 mid-term elections and shortly after the Citizens United ruling.  Gentle Reader will remember 2010 as the election cycle in which Dear Leader and his party in Congress got beat like a red-headed step-child.  This beat-down was to no small degree the result of hundreds of thousands of ordinary citizens, many of them utter new-comers to the political process, coming together to express at the voting booth their disgust at things like the auto bail-outs, the porkulus stimulus bill, and crowning the edifice of legislative malfeasance, the comically misnamed Affordable Care Act.  These people and groups, nebulous, not under the control of the quisling Republican party, and most annoyingly, remarkably intelligent, coherent, and focused on the subject and origins of their outrage, had to be suppressed.  They just had to be.  But being a many-headed hydra they couldn’t be slain with a single blow to a central organization, nor could they be bought off (both of which statements have applied to the Republican congress members for generations now).  What to do?  The answer of course was obvious:  Use the administrative machinery to starve them of money and therefore air.  By cutting off their funding sources you ensure that each tiny group remains isolated, confined to a tiny core of members who can only do what they individually can afford to do from their own resources.  And of course you remind them that their resources are not safe by having your colleagues in the ATF, OSHA, and the other alphabet-soup agencies come a-visiting, each bearing a document request list.

It wasn’t just the bureaucratic intimidation treatment, either.  The IRS also leaked things like donor lists of entities whose applications were still in progress to outfits closely aligned with Dear Leader.  And it’s not like those lists were just leaked out there on some message board, either.  No, those lists were provided to specifically adverse organizations, which then went out and organized harassment of those donors.

And it worked.  In the 2012 election cycle the Tea Party groups were a pale shadow of their former selves in 2010.

During the time this was happening, of course, the IRS commissioner and his chief counsel are spending a truly astounding amount of time at the White House, meeting with Dear Leader.

I’m sure that was purely a coincidence.  Like Lois Lerner pleading her Fifth Amendment privilege when Congress hails her to testify.

And on the other side?  Well, I don’t know if you can even call it a “side,” because to be a “side” in a dispute you at least have to acknowledge that there’s a disputable issue.  The IRS shenanigans have disappeared into a black hole of non-information.  About the only mentions of it you hear are solemn, slavish repetitions by the unpaid Democrat operatives mainstream media of transparently bogus statements by Democrat congress members and their staffs that there’s no story there, that it’s a “fake scandal,” that the whole thing is made up and besides racism. 

The IRS itself has taken a number of positions, starting with “this was just a couple of rogue agents in the Cincinnati field office,” each of which has turned out not only to be inconsistent with observable patterns of behavior but to be flat-out contradicted by documents originating within the IRS itself.  The DoJ claims it is “investigating” the wrong-doing, but has not even contacted so much as a single group which was the target of these tactics.  Not a single one, nor their lawyers.

To repeat:  From those ever-vigilant watch-dogs of government we get . . . nothing beyond the credulous repetition of party talking points.

When you do hear public mention of the goings-on, it’s very frequently by someone whose sympathies with Dear Leader are either already well-known (as in the vacuous celebrity prettyfaces), or whose sympathies are otherwise made clear by circumstances.  And the tone of their remarks can only be described as crowing over all them nasty Tea Partiers just gettin’ what they deserve because racism.  After all.

Which brings to mind Burke’s observations.  There are two things which every society absolutely, positively, as in cannot-last-without-it have: (i) a secure — which is to say uncensored and private — postal system, and (ii) a politically non-active revenue-gathering mechanism.  If I cannot trust that the check I write each month for my house payment will not be plundered by either postal workers or by third parties who are allowed to get at the mails by the postal workers, then what incentive does a lender have to lend money to anyone who cannot walk in and physically hand over the money?  What incentive do I have to make my payment and not to lie and say I did and blame it on postal pilfering?  How does the financial system work?  How does the retail system work?  How do businesses do business?

If the revenue authorities view themselves as, and actively pursue the role of, political operatives advancing the cause of one faction or the other, and suppressing such as they happen to disagree with, in what material respect does that then differ from tax-farming?  Or from the ancient Russian custom of “kormlenie” — “feeding”?  Are the revenue agents not feeding their political positions from the populace?

Absolutism and corruption go hand in hand.  One feeds the other.  If you start with one you will end up with the other as well.  In an absolutist system, the ultimate value — in fact, the only value — is to work the system to one’s own advantage.  This value system (if you can call it a “system” since it consists of a single precept) necessarily produces an outlook of “whatever it takes,” and the result is as Hayek observed, even making it a chapter title: Why the Worst Get on Top.  Those who are willing to play the system, and able to do so, have a vested interest in producing and maintaining such a system, because of course in a system that is not absolutist, that is not based upon the capricious will of some Decision Maker — whether that be a divinely chosen King, or a divinely blessed clerisy, or the embodiment of that will-o’-the-wisp beloved of tyrants for the past 250 years, the “general will,” such as the SovNarKom — they must inevitably expose themselves to the frustration of their purposes by something that cannot be worked around:  The Law.  Notice also that in any system in which the Will of a decision maker is elevated to sacred status, the advantage must always go to the sociopath, who views his fellow humans as being precisely what Kant establishes they must not be: tools to the ends of another person.

Not only does “The Worst” or the sociopath flourish most under such a system, but presented with the chance he will actively seek to create such a system.  Again, that is because under any other system he will be hemmed in by something other than his own daring and his own Will to Action.  What holds this person back is only the critical mass of his fellow citizens who refuse to accept his proposition that anything goes, and who act on him (and each other, for that matter) through the device of The Law.

A recurring theme within what we may characterize as “survivor’s literature” from the Soviet Union, and specifically from the camps, is the thorough-going corruption of Everyone.  Part of that was the “you die today; I’ll die tomorrow” ethos of the camps, but you can see it right out in plain day, even before the first transit prison.  The lying, the attempts to curry favor, the stoolies, the thievery, the violence, the joyful subjugation (even unto death) of the weak by the strong:  Anyone who wants a one-scene summation of the brave new world created by Dear Leader’s idols need only read Dolgun’s description of “India.”  But more to the point:  Everyone was on the take; everyone was sharply on the look-out for what he could steal from the system, what he could steal from his fellow man, every chance he had to advance himself by doing down the guy next to him.  Nor was this wonderful world (you remember that world; it’s the one the praises of which were meretriciously sung by Walter Duranty, the fellow whose Pulitzer, won by whoring himself over the corpses of seven million famine victims, the NYT has yet to disown) even necessarily wholly new to the Soviet Union.  Read through depictions of life in Imperial Russia beyond the glitz of the court and the high nobility.  It’s depressing, almost sublimely so.  Everyone, every last damned one of them, is a crook.  They’re all looking for that one leg up that will enable them to “feed” a little more fully off the system.  The reaction, in me at least, is more one of sadness than outrage.  When every last square foot is owned — literally owned — by the tsar, when no one is free because no one is beyond a decree that Prince So-and-So, hitherto a member of the high nobility, is to be broken on the wheel, his body chopped into quarters, and his family exiled to far Siberia, what is left but to claw what advantages you can from a world that — let it be said up front — has zero moral claim on your loyalties?

I vividly recall a day in my securities regulation class in law school.  This was the mid-1990s, when the former Soviet bureaucracy and the blatnye that form an ever-present background in survivor’s literature finally merged.  This was the era of broad-daylight murders and kidnappings.  Somehow the subject of Russia came up, and how capital markets functioned in Russia, and the sheer criminality of it all.  Some American student came out with a typical pie-in-the-sky proposition of why don’t they just do it thus-and-such way.  All the way down front (and this was a large lecture room), one of the Russian LL.M. students turned around in her seat and asked, incredulously, “Do you have any idea how things in Russia actually work?”  Silence.

There is a good English expression for what is going on at the IRS and what went on — to some extent, still goes on — in Russia:  lawlessness.  In fact, the last sentence in The Gulag Archipelago is, tellingly, “There is no law.”  In survivor’s literature lawlessness is experienced not only by the utter corruption of law worked by the infamous Article 58 (guard to prisoner:  “How long is your sentence?”  prisoner:  “Five years.”  guard:  “What did you do?”  prisoner: “Nothing at all.”  guard:  “You lie!  The punishment for nothing at all is ten years!”) but also by the “socially friendly elements” of the blatnye.  They ruled the roost in camp until nearly the end.  What changed?  The Ukrainians decided they’d had enough of it.  They very simply decided they were going to kill all the stoolies and all the thieves.  And so they did.  Within a very brief time the camp authorities realized that their precious thieves were about to be exterminated, and moved them to completely different camps.  No more did the camp guards have the thieves to help them out, to install in the trusty positions.  Now you had entire camps full of nothing but Article 58s.

And yet, even after the camps were long shuttered, the rot remained.  And in the end the Soviet Union fell apart.  It simply fell apart.  For the only time I’m aware of, a sovereign nation, not at war and without a single hostile boot on its soil — in fact, at the head of a servile alliance system — and sitting on top of untold natural wealth in the form of generations’ reserves of fossil fuels and just about every useful mineral known to modern man, pulled the shutters closed and went out of business.  Because it couldn’t go on.  Because it had finally rotted out from within.  Will anyone argue that liberty prevails in Russia now? 

 What is going on within the IRS, and the DoJ, and the other federal agencies, is the take-over of the American polity by the blatnye, only so far without the knives across the throats.  We have an entire half of the political spectrum cheering them on, promising them soft landings at “non-profits” and “educational” establishments when, like Lois Lerner, they finally get so backed into a corner that they’re no longer useful to Dear Leader in their agency jobs.  What happens when, like Phaemon’s dog, all members of the apparatchiki, of all political stripes (can anyone out there guarantee me that there will never be a neo-Nazi IRS agent, or a Maoist lawyer on the DoJ staff, or some dude at OSHA who thinks that Pol Pot really had it right?) decide that this is Just How It’s Done Nowadays?

One of the tragedies of human existence is that it is so much easier to destroy, to undermine, to do evil, than it is to build and grow constructively.  It took the citizens of Cologne roughly 600 years to build their cathedral.  A couple of plane loads of errant bombs from Bomber Command or the 8th Army Air Force could have reduced it to rubble in a matter of minutes.  It took England from the reign of Henry VIII, when he could simply tell Parliament that he wanted Lord So-and-So attainted and executed, until 1714 (don’t quote me on that date; I’ve slept since I last looked it up), when for the last time a British monarch withheld the royal assent.  Not quite 200 years.  It took them several generations to move from the world of Lord Holland, who made himself one of the richest men in the kingdom by siphoning from his job as paymaster of the army, to the world of the 1830s, when visitors to official offices were adjured to “pray speak only of business.”

Where is the United States on that trajectory?  When FDR wanted to persecute Andrew Mellon, he instructed the IRS general counsel, Robert Jackson (whom FDR later rewarded for his whoring himself in that fashion with a seat on the U.S. Supreme Court), to get after him.  Which Jackson went ahead and did, bringing criminal charges against Mellon for having claimed deductions on his personal income tax returns . . . that the code said he was entitled to claim.  But at least Jackson proceeded in the open, and however farcically through the mechanisms of the law.  We are now at a point that law is neither more nor less than irrelevant to how the IRS treats any particular person or organization, and the processes it uses to treat them that way.

We are straying ever closer to the point of being “generally corrupt.”  “Corrupt” is an epithet long hurled about in American politics.  In 1824 Henry Clay sold his support in the House to John Quincy Adams, and was rewarded with the job of Secretary of State, up until that point a stepping stone to the presidency itself.  From that moment forward, Jackson’s slogan became “Corrupt Bargain,” and Adams collapsed in 1828.  Nowadays we would see nothing objectionable about Clay’s acting as he did (come to think of it, there has never been another Secretary of State make it to the Oval Office since then, has there?).  Let’s get that straight:  We see nothing wrong with selling one’s vote for president in exchange for a specific political office.  This is despite the fact that most states out there have laws imposing criminal sanctions on promising office in exchange for vote.  Oh.  I’m sure that never happens.  A sizable portion of our popluation now accepts it as unremarkable that the IRS and other federal agencies will make decisions which are — in economic terms at least . . . for the time being — life-and-death to their subjects based upon partisan political considerations.  And we whoop and holler in support, when it’s one of our side doling it out to the Other Guys.

Among a people generally corrupt, liberty cannot long endure.

Now THIS is an Attack on the Country’s Essence

The current brass in the Navy, in all its hoary wisdom, has decided to dispense with Chief Petty Officer initiation.

As at least one retired Master Chief Petty Officer opines, this is a decision fraught with implication for what sort of navy we choose to have in the future.

Way back in the day, when I was a brand-new ensign on a straight-stick, superheated steam, automatic-nothing guided missile destroyer, I got to experience the range of chiefs.  Alas! my very first Chief Petty Officer was lousy (actually, that descriptor may well have been literally true, because among his other failings he had abysmal personal hygiene).  In fact, he was such a bumbling incompetent that the other chiefs came within an ace of kicking him out of the chiefs’ mess.  In an organization that small (our total crew, officers and all, was under 450), that sort of collective revulsion is just unheard-of.  He’d made chief back in the 1970s, when the military in general was scrambling for every warm body it could find, and a great number of people who would never have otherwise pulled it off advanced well beyond their Peter Principle level.  He was respected by absolutely no one on board, and trusted in the same measure. 

I was ASW officer, and I still recall with humiliation the time our sonar went down, hard.  When my chief reported that they just couldn’t isolate the problem, I sat down with him and my senior E-6 sonar tech (except for their appearance he was his physical and mental twin) to pore over the technical circuitry diagrams (any CPO out there worth his salt knows that when an ensign feels called upon to get into the equipment in that detail, there is something badly, very badly wrong . . . as was in fact the case).  I was able to run the problem down to one of the multiple equipment cabinets that made up the suite.  I asked both of them, face-to-face and point blank, whether they had tested each of the specific electro-doo-dads in that cabinet.  As in tested this one? and this one? and this one?  Oh yes, sir; we’ve gone through them all with a fine-tooth comb.  Zero idea of what to do next.  In desperation I borrowed a missile firecontrolman from the missiles officer (he was an FC2, I think), and in less than an hour he had identified the precise problem: a blown diode or some similar thingummy . . . in exactly the cabinet I’d located.  A bit of soldering work and we were no longer blind underwater.

My next chief was at the opposite end of the spectrum.  I could (and in fact, by reason of my other duties, often did) run that division by periodically calling up the workcenter and asking him how things were going.  “Just fine, sir,” to which I was happy to be able to reply with confidence, “Good.  Let me know if that changes.”  He was known as being somewhat prickly, but I got along with him by letting him do things his way with very few exceptions, and on those cases I could carry my point by pointing out, “Chief, you’re just gonna have to indulge me on this one.”  That’s not a silver bullet that can be fired frequently and I didn’t.  We got along extraordinarily well.

All of which is to say that there is a helluva lot more to being a chief than knowing how to put together a PowerPoint presentation, or mouth the latest slogans, or conduct sensitivity training so no one’s feelings get hurt.  Being a Chief Petty Officer was more than a uniform.  It was more than a paygrade.  Watch the video at the link; every sailor in the navy gets to watch the Forrestal catastrophe.  Read out Battleship Sailor, by Theodore Mason (it’s a great read, and an insider’s glimpse into a world that once existed and was blasted away, literally in a matter of hours, viz. the pre-war battleship navy).  He was a junior radioman in USS California (flagship of the Pacific Fleet Battleships) on December 7, 1941.  His chief was Chief Radioman Thomas Reeves, who was (posthumously) awarded the Medal of Honor for his actions that day.  Folks, that’s why you have Chief’s Initiation.  It’s the difference between having as your senior enlisted some community organizer on the one hand, or on the other having some guy who’s pissed more salt water than you’ve seen go by the bow, and (very respectfully of course) has socks that have been in the navy longer than you have.  Sir.

So yeah, what he said.

Barbarossa and The Silence of the Lefties

If a foolish consistency is the hobgoblin of little minds, then what is an evil consistency?

On June 22, 1941, Hitler’s Germany launched Operation Barbarossa, the invasion of the Soviet Union. Hundreds of thousands of troops, thousands upon thousands of tanks and aircraft, even greater numbers of trucks and transport all poured across the frontier. It remains and perhaps will forever remain the largest single unitary military operation in history. Germany’s assault caught the Red Army not completely unprepared, but largely so. Most of their air force was destroyed on the ground, the first day. Writing on the vast canvas of the Eastern European plains, the Wehrmacht wrought large the tactics their parents’ generation had first pioneered (ironically, also in Russia) in 1916-17. Seeking weak spots, avoiding confrontation with strength, surrounding, always surrounding, the Germans bagged hundreds of thousands of prisoners at a time in enormous encirclements. It was more than a bit like modern industrial drift-net fishing.

For decades the standard line on Stalin was that he’d finally met his master in treachery. Koba had trusted Adolf, you see; he’d trusted him to abide by the Soviet-German Non-Aggression Treaty signed back in the warm August night of 1939, when Molotov and Ribbentropp whacked up Poland and the Baltic countries between them. Under the commercial arrangements entered into, Stalin kept up his deliveries of oil and other strategic materials literally until the last minute – the final train crossed the border into Germany less than eight hours before the invasion. Later more revisionist histories I’ve read deny that Stalin was duped. According to them Stalin was playing desperately for time while he in fact prepared his own attack on Germany. Under the newer theory, Hitler simply got the drop on him. 

Of the two opposing theories of “what in the hell possessed Stalin?” I have to say I like the newer one better. It has the advantage of being perfectly consistent with everything else that has ever been known about Joe Stalin. The original take requires one to accept the proposition that someone as cold-bloodedly calculating as Stalin just this once, and despite years of careful observation, behaved utterly unlike his past and subsequent actions. To get an idea of just how devious he was, there is good indication – now that the NKVD archives have been at least partially opened – that the Germans’ surreptitious poison pen correspondence fraudulently implicating Marshal Tukhachevski and others in sundry plots against Stalin, which were filtered to the NKVD, and which then became part of the basis for the disastrous 1937 purge of the Red Army’s senior command, were in fact planted on the Germans by Soviet agents whose mission was to set up the Red Army commanders. Someone who could cook up something that sinister is supposed to have been taken in by a man as un-subtle as Adolf Hitler? Leopards do not change their spots, and then change them back. 

It wasn’t as if Hitler hadn’t bird-dogged his intentions in the East for years, after all. As early as the first volume of Mein Kampf Hitler had proclaimed the need for Lebensraum for the German people, and identified the only place in Europe for that living space to be acquired. Although the National Socialists had originated as a garden-variety leftist party – the original name, which it still carried the night Hitler attended his first meeting in 1920, was the Deutsche Arbeiterpartei, the German Workers Party – no later than June 30, 1934 the few remaining leftish elements were killed off in Hitler’s orgy of retribution. The constant bogeyman the Nazis held up to the Germans scared stiff by the social and economic upheavals of the post-war period was the communist, red in tooth and claw. The skulls the Sturmabteilung cracked during the early 1930s were largely communist skulls. 

Oddly enough, it doesn’t seem as if Germany played nearly the role for Stalin that the Soviet Union did for Hitler. Russians in general and Stalin in particular were so over-the-top paranoid of everyone that I’ve never noticed in any history or biographies of the times or key players any especial pattern of concentration on Germany or Hitler. In fact, among the most frequent bogus allegations of espionage hurled against Stalin’s victims was spying for Japan and for Britain. Germany was lumped in with China, with Argentina, and other equally-improbable countries. 

The Comintern (which Stalin also ruthlessly purged in the 1930s) was a different story. Germany was very much a focus of their squawking. It was the communists and the socialists who were the first groups to go behind the barbed wire in the newly-created concentrations camps. They were the first who were systematically disappeared after the Gleichschaltung. It would have been curious indeed if the Comintern had not damned Hitler and his movement to all who would listen and most who wouldn’t (like the various fans of the Nazis elsewhere in the world . . . like Franklin Roosevelt, Charles Lindbergh, and the rest of them). 

The Comintern of course took its marching orders directly from Stalin. They screeched about what he told them to screech about, and about nothing else. That last is important to realize. The Western communists bewailed (properly, let it be remembered) the evils of the Nazi regime long and loud, from the time of its coming to power. All the way up, that is, until August, 1939 and the Molotov-Ribbentropp Pact. After that point the word went out that Germany was off-limits. 

And the commies the world over meekly took their marching orders and clammed up about the man and party who’d imprisoned and killed their comrades. 

Why is this important, Gentle Reader asks, and what does this not-quite two years of silence have to teach us today? It is important today because there is a straight line between the Comintern of August, 1939 – June 22, 1941, and the modern American left. For starts, the modern American left is much more radical than used to be the case. Once upon a time the left was all about not hanging people because they had the wrong skin color, or not allowing employers to view the female staff as random bed-mates. While the New Dealers were enthusiastic fans of socialism, both in its Soviet and Nazi manifestations, their socialism was very much softer around the edges. 

As inspector Clouseau would say, not any more. In today’s left the Alinskyites have triumphed, and are much closer to their 1930s communist ancestors than they are to the New Dealers.  The philosophy behind Cloward and Pivens’s “The Weight of the Poor” (about which I am working on a rather lengthy post . . . honestly I am) has now become the central pillar of the Democrat Party program, at least at the national level. That philosophy can be pretty neatly summed up as the use of transfer payments to cement electoral coalitions of people who otherwise haven’t the least affinity for each other. It is neither more nor less than the notion of spending other people’s money to maintain oneself in power. The mathematics of that approach are not without their outer limits, as Detroit and Illinois are discovering. 

Or at least the math is not unlimited so long as you cannot keep your population in place and under your thumb. There is a reason that all the various 19th Century utopian settlements eventually blew up. Without coercive power to keep people living there, they leaders of those efforts had no way reliably over time to enforce the penny-ante socialism that was all those places’ organizing principle. Nowadays the tourists go and spend gobs of money eating over-priced food and staying in over-priced rooms to sleep on uncomfortable beds in New Harmony, Indiana. Nowhere does anyone point out the moral violence that was the foundation on which it was built. That “new harmony” was the harmony of the plantation, of the Kolyma, of the Belomor. 

But what if you could run an entire country like Detroit? Now there’s an idea. It’s much harder to get up and leave your country than to let your Camden, New Jersey tract house go up the pipes for unpaid real property taxes and move to New Hampshire. Millions of Europeans left for our shores during the 19th Century in order to escape the lash, the press gang, the tax collector.  But as great an influx of humanity as it was from America’s perspective as the destination country, I still don’t recall that a single European despot changed his manner of operating one iota because of losing population to the U.S.  The overwhelming majority of people stood still and took it (aside from the revolutions of 1830 and 1848), and at that level of population retention and growth (recall how explosively Europe grew in that century) there was simply no demographic incentive for the tyrants to change.

The current administration of Dear Leader has exactly such a transformation in mind for the entire country.  We are all to become Detroit writ large. He’s never made much of a secret of it, either.  While he was just a “community organizer” and all the while he was running for his various offices he kept trumpeting his intent of “fundamental transformation” of American society and polity. It is irrelevant to him and his supporters that in order to crush dissent you have to use the IRS as your political enforcer; that you use the ATF and OSHA to threaten the very livelihoods of people who too effectively oppose what you’re trying to do. Have the U.S. Attorney General sue every state and county he can find which looks like it’s making actual progress towards ensuring that all but only eligible voters vote in elections? Not a problem. It’s all in the service of a higher goal. 

And from the self-appointed Fourth Estate, the forever-patting-themselves-on-the-back watchdogs of democracy? Crickets. Nothing. They even accept instruction from the administration about what they can and cannot quote insiders as saying, meekly submitting their copy beforehand for approval of quotations. The DoJ decides to wiretap their phones in order to catch a leaker who let out secrets no worse than what the president himself brags about (remember it was Dear Leader who boasted that we were behind Stuxnet, the computer malware which came within a whisker of crashing the Iranian nuclear weapons program), and the press just makes propitiatory grimaces and promises to be even more subservient in the future.

These days in the press it’s no longer about truth, about things which you can say in fact happened or didn’t happen, and then go check it out for yourself.  Now it’s about “The Narrative,” a mind-set which gives us Journolist, and the expression “fake but true.”  The Narrative is, of course, what you want to be true, or perhaps more cynically expressed, what you want others to believe to be true.  “Truth” is what tends to establish The Narrative.  Gentle Reader will recognize the circularity of the dynamic: narrative is what is to be “true,” and “truth” is anything which confirms narrative. 

Once upon a time a paragon of the American left, Daniel P. Moynihan, famously observed that while everyone is entitled to his own opinion, he is not entitled to his own facts.  Poor Danny Boy; so behind the times.  Nowadays we have supposedly learned folks asserting, with all seriousness, that “we each have our own truth.”  By that standard the Holocaust deniers are not in fact deniers; they’re merely asserting “their own truth.”  In this connection it is not unhelpful to remind ourselves that one of the foundation stones of this mindset, “deconstructionism,” was the bastard offspring of a gentleman name of Paul de Man, who ended his days full of honor and years as a professor at Yale.  The essential assertion of deconstructionism, which has — by their fruits shall ye know them — further spawned such intellectual nonsense as “critical legal theory,” is that words, and therefore texts, mean what the beholder chooses they should mean. That of course is a suggestion pregnant with foreboding for the public sphere, because it then becomes vitally important to be the one who chooses the beholder, the actors whose office it is to behold texts like the constitution for all of us, and to command the application of that meaning upon all our backs.  Yes, dear Prof. de Man ended his days at Yale, but that’s not where he started out.  He wasn’t born American, you see; he was born in Antwerp.  And during the Nazi occupation of Belgium he wrote over 200 articles for a collaborationist newspaper.  Two hundred.  For a newspaper collaborating with a country that’s invaded and raped your country twice in as many generations.  Not exactly a youthful indiscretion, is it?  But if nothing has irreducible meaning, then it really didn’t count, did it? 

Fast forward from the Stalin-worshippers and Nazi collaborators.  How about all the lefty outfits that spent the entire eight years of the Bush 43 presidency weeping and lamenting the civil rights cataclysm of warrantless wiretapping of international communications? Now the FBI admits to using drones to spy on American soil and you can hear a pin drop in the meeting hall. It takes a filibuster on the U.S. Senate floor before the administration will state, in so many words, that it does not claim the authority to order the extra-judicial killing of American citizens on American soil. One of the most justly feared and historically abusive government agencies of all – the IRS – is unashamedly used as a tool to silence a great chunk of the American political spectrum, and from the liberty mavens we hear . . . nothing. Zero. 

It is so important to today’s left that the aspiration of breaking American society succeed that no hint of criticism may be allowed to disrupt it. The reduction of the citizen to become the tool of the state – which is the sine qua non of all leftist hope and ambition – is so important, so close to realization, that it is worth accepting anything, any violation of principle, any swallowing of pride to bring it off.

How again is this silence in the face of violence to the supposed pillars of the lefty faith not indistinguishable from the Comintern’s silence as Hitler rolled over Poland, and France, and the Low Countries, and Denmark, and Norway?  I assert that precisely the same philosophical mechanisms are at work now as were at work then.  The left, both then and now, demonstrates a remarkably consistent acceptance of outright evil if commanded by one’s political bosses.

But Gentle Reader will counter that this trait of the left is not peculiar to the left.  I do not think so.  Recall that it was senior Republicans on the Hill who went to Nixon and told him the game was up (recall also that one of the articles of impeachment was using the IRS in manners indistinguishable from Dear Leader’s deployment of it).  The American right has supported unsavory characters over the years, but if we look at those, the common thread is that they were unsavory characters who were actively engaged in combat against communist subversion of nations.  At the most you can accuse the right of having supported evil to fight evil (and in this connection we might remind ourselves of Churchill’s comment to the Commons that if the devil himself would ally himself in the fight against Nazi Germany, Churchill would find something good to say about him on the floor of the House).  I would challenge Gentle Reader to find a single instance in which large numbers of the American right have supported or held their peace in the face of someone or something as indefensible as Hitler.  Or have engaged in the organized suppression of information in the manner of the Journolistas.

No, conscious support of evil men and evil measures for purely political (as in partisan) purposes is a copyrighted trademark of the left.  All of which makes one wonder, with trepidation, whether there will occur another — mercifully, and as we piously hope, non-military — Barbarossa moment for today’s lefties.

Once More, Everything Old is New Again

Back in the day, in the 1500s and earlier, when Europe’s crowned heads got their financial butts in a crack, one of their favorite devices to raise a bunch of money without calling it a “tax” was the involuntary “loan,” which of course was typically never paid back.  Henry VIII, if my memory on the subject serves, was rather a fan of the method, since for all his absolutist yearnings he still had a Parliament that was very conscious of its control over taxation (itself a power wrested from Edward III in the course of his pouring money down the rat hole of the Hundred Years War).  Later on, in the early 1600s, when Charles I was falling out with Parliament, he attempted to use the ancient levy of “ship money” to raise general revenue.  It didn’t work for him.  Even later, in the 1860s, when Wilhelm I wanted to raise the length of conscripted service in the Prussian army from two years to three, the Landtag balked at raising the money for it.  A constitutional crisis threatened and in desperation Wilhelm summoned a previously-obscure Prussian Junker to Berlin.  Otto von Bismarck was Johnny-on-the-spot and got down to business, with results as known.

But O! what Henry, Charles, Wilhelm, and the rest of them could have done if only they’d thought up a single currency — call it the “Euro,” perhaps — and a continent-wide central bank, and a raft of bureaucrats to administer the whole show.  They all could have lived far above their means and then handed the bill to their neighbors.  They could agree to a “bail-out package” that makes the levy of ship money look like pocket change.  They could agree to deals which cut their troublesome parliaments, Landtag, and the like out of the picture.

Just like is happening in Cyprus, right now.  Cyprus, in addition to being the site of one of the Western world’s most ancient cultures — and most intriguing, with its as-yet undeciphered linear script and its cataclysmic destruction — as well as a bone fought over since the dawn of history — the Ottoman sultan’s flaying alive the commanders of captured garrisons was neither the first nor the last barbarity played out — is almost a self-parody of a nasty, corrupt little hell-hole of a country that is run more as an off-balance-sheet investment of international criminal circles than anything else.  Its banking and finance sector especially, we are told, has battened on money-laundering Russian kleptocrats and their ilk.  In one respect, however, it also resembles its other Mediterranean neighbors:  For years it’s been living beyond its means and now the piper must be paid.

And so once more the world gets a front-row seat as you have, on one side, the compulsive addict/alcoholic who demands that the rest of Europe cover not only his accumulated bar tab, but also negotiate a special all-day happy hour price for his continued tippling, which he adamantly refuses to cut back, and on the other side a bunch of deep pockets who can’t decide if they’re the Temperance League, a methadone clinic, a personal life coach, a bartender, AA, or some combination of all five.

There is this difference, though:  If Cyprus went bust and left the Euro, no one would really notice the difference one way or the other.  I mean, the total bail-out numbers being bandied about are in the €15 billion range, which is a rounding error in Spain, Italy, and Greece.  As one might expect, this point of distinction expresses itself, among other ways, in the conduct of the bargaining process, and the degree to which the Golden Rule (i.e., the man with the gold makes the rules) is applied.  In Greece and Italy there’s been a great deal of back-and-forth, and extensions of deadlines, and re-negotiations of terms, and so forth.  Cyprus is getting a whacking great dose of “Shut, they explained.”  Specifically, they’re having to come up with roughly a third of the cost of the total bail-out package, in cash, and do that from their own economy.  Five billion Euros might be a rounding error in Greece, but in Cyprus that’s a pretty big nut.

The original package contemplated a levy on all bank accounts (even the insured bank accounts), ranging from around 6.6% for smaller depositors to a figure just under 10% for the Russian kleptocrats.  That deal got shot out of the saddle by the Cypriot parliament.  The next idea floated was to nationalize the retirement funds of government employees into a “solidarity fund” that was to be secured by gas concessions to be granted; additional money was to come from the Cypriot Orthodox church’s assets.  That idea went nowhere as well.  Mind you, the banks are closed right now and have been for some days.  The country’s ATMs are letting people pull out as little as €100 per day, and the lines are getting longer by the hour.  After the “solidarity fund” notion tanked, the discussion turned back to a variant of the original deal, with some significant modifications.

On the sidelines is Vladimir Putin, whose kleptocrat buddies have over €24 billion on deposit in Cypriot banks, and have made a further €31 billion in loans to companies based (nominally cough! cough!>) in Cyprus.  In considering those numbers one must bear in mind that a good chunk of it represents money laundering and asset-hiding, and that the people doing it are Putin’s friends, political supporters, and very possibly undisclosed business partners.  So Vlad has has Gazprom, the slush fund piggy bank national hydrocarbon giant offer to restructure Cyprus’s debt in exchange for that seven trillion cubic feet of natural gas.  If not he’s toying with his options, including dumping some sizable portion of Russia’s Euro-denominated foreign reserves (wonder what that would do to the calculations of the savants in Brussels?).

I’m not sure whether I see it as a proxy fight between Germany and Russia, as this article does.  Nor do I necessarily fault Merkel for respectfully declining to use German taxpayers’ money to bail out Russian criminal enterprises.  But there’s no denying what’s going to happen when the banks open back up.  Everyone who can — including the small depositors — is going to bust a gut to put his money anywhere other than a Cypriot bank.  Lopping off a chunk of some people’s deposits is to let a horse out that cannot be re-stabled.  The Cypriots may be running a banana republic without the bananas, but they’re not stupid; they know that once you go down that road it’s just a question of time before some government does come after their money, or their retirement accounts.

Now the EU weenies and the Cypriot government have reached a deal.  It goes back to the original notion of a decapitation haircut for depositors and bondholders.  There are some differences.  Most importantly, deposits less than €100,000 are to remain untouched; they will, however, get a new banker: the Bank of Cyprus, the country’s largest bank.  Deposits above that sum are looking at a levy of up to 40% (although over at ZeroHedge they’re not buying that 40% limit for a moment), and being stuck at Laiki Bank, which will be wound up.  The whole deal has been structured so that it’s technically not a tax on the big depositors; were it otherwise the deal would have to be passed on by the Cypriot parliament.  Gentle Reader is invited to speculate on what is the likelihood that those folks, most of whom can be presumed to be directly or indirectly on the Russian payroll, and who’ve already rejected the much milder 9-odd percent levy, would approve a deal that essentially takes their party boat out over the continental shelf and blows scuttling charges all up and down its keel.

I haven’t seen anything on whether capital controls are also part of the deal but seriously, aren’t they almost inevitable?  I mean, why would a Cypriot small business owner continue to deposit his money at home when under EU rules he can dump it into a Deutsche Bank account in Frankfurt?  After the terms of the Greek bail-out began to take shape, billions of Euros left that country, large sums of it being transferred by senior politicians.  So let’s see where that leaves Joe Cypriot.  If you save your money by putting it in a bank account at home, you have no idea whether in the dead of night the government is going to lock down your bank and take as much of your account as pleases them for that night.  If you save for your retirement by putting your money into the Cypriot equivalent of a 401(k) or 403(b), your retirement nest egg might or might not be nationalized.  If you earn — on the books — more than bare subsistence, you have no place to put your money other than a fruit jar buried out back.  Since most if not all of your fellow-citizens will be able to figure the game out just as well as you, your local banker is going to be starved of depositors and thus liquidity, and so good luck on getting that bank loan to start/expand a business, or even earn a halfway decent return on what you do dare deposit.  If you’re a business looking to expand or invest overseas, exactly what positive incentive do you now have to consider, even for a fleeting, drunken moment, putting your money into Cyprus?

What is all that going to do to the Cypriot economy in the long term?  Well, for starts it’s going to drive a healthy part of it underground.  What the government can’t see it can’t expropriate and can’t tax.  Secondly it’s going to shrink the size even of that partially-underground economy.  Just about every history of the Scottish and English border marches ascribes its grinding, unending poverty to the structural uncertainty of limited land tenure, endemic public and private violence, and general inability to have any reasonable assurance that the fruits of today’s labor would not go up in smoke — quite literally — tomorrow.  Cyprus and the EU have just recreated that world, which James I in Britain crushed at the outset of the 17th Century, in a modern European island paradise.  True enough, the Russian criminal element will take a beating, but they’ll get theirs back from the skin of the patient, ever-oppressed narod of that unfortunate land.  But the true victims of all this are going to be exactly those small depositors in Cyprus who might, given enough generations, have made something of their homeland.  When economies collapse the already poor have nothing left to lose and the upper echelons have the ability to weather the storm.  It’s the middles who are destroyed.  Germany in the 1920s and 30s got to experience where that train takes you.  Will we see something like that in Cyprus?  Will Russia step into the shambles and set up shop?  Just a couple hundred miles from Syria, and less than 100 from the Turkish coast?  How’s that likely to work out?

Update [26 Mar 13]:  And sure enough, the Powers That Be are already wistfully wondering whether the Cyprus bail-out might become a template for future Eurozone bail-outs.  Immediate push-back, of course, arises, with the spokesman for the EU internal market commissioner emphasizing (a) that Cyprus is plainly (got that? plainly) a one-off case that cannot serve in any fashion as a precedent for any future situations, and (b) we need to figure out a way that taxpayers don’t keep getting stuck with the bill.  OK, as long as we’re clear about that.

The Luxemburg foreign minister is also quoted in the linked article.  He’s upset that Germany’s finance minister observed that Cyprus needs to alter its “business model.”  He objects to that expression, implying as it does that Cyprus (and other tiny European countries, such as . . . Luxemburg) has whored itself out as a haven for tax evasion and shady financial dealings.  The foreign minister accuses Germany, France, and Great Britain of seeking “hegemony” in the international finance markets.  It’s “un-European” for the big players to suggest that outfits like Cyprus ought to limit their financial sectors to ahem> legitimate financial business, and not serve the Putins of the world.  It bothers him that Germany is leading the charge in suggesting that those who benefit from playing in the shadows of places like Cyprus need to pony up when it’s time to bail out their benefactors.

Stand by to stand by, as we used to say in the navy.

Update [28 Mar 13]:  Well, here’s one for can’t-put-it-back-in-the-horse:  The EU internal markets minister is proposing to introduce a bill that will explicitly permit larger depositors (those above €100,000) to get shorn in the bank liquidation and/or bail-out processThat didn’t take long.  So much for the Luxemburgers’ pronouncements that Cyprus is just obviously a one-off, no-precedent-here situation.

Section 5, The Self-Violating Statute

I do not practice voting rights law. I am more or less completely unfamiliar with the pronouncements of any court at any level on the various arcana of what does and does not comply with the provisions of applicable federal and/or state constitutions and statutes which govern the subject. So my ruminations on this subject should be discounted accordingly.

Recently the U.S. Supreme Court heard argument in a case involving Shelby County, Alabama and Section 5 of the Voting Rights Act of 1965. That act was the result of Congress finally getting serious about enforcing the Fifteenth Amendment, which provides that voting rights may not be “denied or abridged” by reason of race. The second section of the amendment provides that Congress may enforce its provisions by “appropriate legislation.” The Fourteenth and Fifteenth Amendments were the so-called Reconstruction Amendments, adopted in response to the Southern states’ “Black Codes,” which were the efforts of the former Confederate states to re-impose, piece by piece, all of the legal disabilities associated with status as a slave, without actually having chattel slavery any more. 

Let’s just say that throughout more or less the entire South, and in more than a few parts of the country that had not been part of the secession, the Reconstruction Amendments were dead on arrival.  The state and local governments’ contempt for those amendments’ guarantees was so blatant that a reasonable person can only conclude that had they had been able to ignore the Thirteenth Amendment as well they would have. The old Confederacy’s bag of tricks to prevent blacks from casting ballots was almost limitless. It ran from outright personal violence to the infamous literacy tests, poll taxes, cock-eyed residency requirements, obscure registration requirements, disenfranchisement for any number of different reasons, and on and on. Among them also were the drawing of voting district and precinct boundaries so as to ensure that blacks, even if they all voted and all voted for the same candidate, would never be in a position to cast the majority of ballots in any single election. At-large districts were a favorite tool, where a densely-populated, largely black area was broken apart and its pieces each lumped in with a much larger, nearly all-white area, so that the whites could and would predictably out-vote the blacks. Poll taxes were outlawed by constitutional amendment, but that only took out one single block from a very strongly built edifice of oppression. 

By 1965 the balance of the country had finally had enough, and the Voting Rights Act was the result. Among its provisions was Section 5, which applied only to certain states, and which subjected all changes in those states’ voting laws, voting qualifications, redistricting, and other related measures to review and pre-approval in Washington (interestingly Congress didn’t even trust the local federal judiciary to have the balls to enforce the act’s requirements). A state or political subdivision or other voting district (such as a school district) which wished to change its voting practices (for want of a more technical description) could either file a declaratory judgment action in the U.S. District Court for the District of Columbia seeking a determination that the proposed changes did not violate applicable law, or it could ask for an administrative review and approval by the U.S. Department of Justice. 

The Voting Rights Act of 1965 came with a sunset clause, but each time it’s come up for re-authorization that’s handily been done. Initially the re-authorization was for seven-year increments, but beginning in the 1970s and then again in 2006 re-authorization has been for 25-year periods. Here’s the text of Section 5 (codified at 42 U.S.C. § 1973c) as it was re-authorized in the 1970s, and remained in force through 2006: 

“Whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the first sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964, or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the second sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1968, or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the third sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972, such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title, and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General’s failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. In the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of Title 28 and any appeal shall lie to the Supreme Court.”

 What’s interesting is that neither the declaratory judgment option nor the administrative review option has any preclusive effect upon a subsequently filed lawsuit to enjoin the changes’ effectiveness. But more to the point, let’s focus on what Section 5 prohibits: Changes that “have the purpose [or] have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title.” The test is two-pronged, both subjective (intent) and objective (effect). The situation which must be shown not to be aimed at or effected is the denial or abridgement of the right to vote “on account of race” or contrary to the guarantees of Section 1973b(f)(2). As one might suppose, the courts have not been at a loss to find any number of proposed arrangements either to evidence the intent to diminish voting rights on account of race or to have that effect.

It’s been nearly 50 years since the Voting Rights Act was adopted. Across large areas of the South, voting participation by blacks now closely mirrors that of their white fellow-citizens. Similar proportions of eligible citizens register, and similar proportions of registered voters actually do so. More to the point, black voting participation rates in large areas of the South now exceed comparable measures in many areas of the North, including specifically some areas which are commonly (and justifiably, in many cases) viewed as having been at the forefront of the national struggles to end slavery and a hundred years later to fight for civil rights. Blacks are elected to public office not only by other blacks, but also by whites as well. One thinks of Allen West of Florida and J. C. Watts of Oklahoma. Mia Love in Colorado came within a whisker of winning election to Congress in 2012. There are also whites in Congress who regularly win election in so-called “majority-minority” districts; one thinks of Steven Cohen of Tennessee. If I were more of a political junkie I’m sure I could come up with numerous other examples of each; those are just the ones that come to mind as I sit here on the couch. Racially-motivated voter suppression is now a two-way street. The New Black Panther Party case came out of Philadelphia, and involved armed black thugs intimidating white voters. There was another case – in Mississippi, of all places – in which a black public official got busted for suppressing white votes. 

So you can pardon, perhaps, folks looking around and asking, if voters across the old Confederacy now behave alike, irrespective of race, and participate in the process in ways that are not explicable with reference to race (as opposed to other, legally unobjectionable markers which do happen statistically to correlate with race, such as felony conviction rates, which have a disparately negative impact on blacks’ voting rights in general (in most places felons can’t vote), and black males specifically), why it is that some parts of the country but not others must still go through this pre-clearance nonsense. It’s not as though anyone’s proposing to exempt anyone in any part of the country from the duty to refrain from denying or abridging voting rights on account of race. But why is there still a statutory presumption that governments in some but not other parts of the country are still up to their old tricks, a half-century later? 

But it gets better. The existing Section 5 wasn’t good enough the last time the act was re-authorized, in 2006. Now the text of 42 U.S.C. § 1973c reads like this (new matter in italics): 

(a) Whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the first sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964, or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the second sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1968, or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the third sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972, such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title, and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General’s failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. In the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of Title 28 and any appeal shall lie to the Supreme Court.

(b) Any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title, to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of subsection (a) of this section. 

(c) The term “purpose” in subsections (a) and (b) of this section shall include any discriminatory purpose. 

(d) The purpose of subsection (b) of this section is to protect the ability of such citizens to elect their preferred candidates of choice.

Pay close attention to new subsection (b) and what it must assume in order to make any sense at all. Anything that has either the purpose or effect of – “on account of race” – diminishing citizens’ ability to “elect their preferred candidates of choice” is declared to violate the strictures of subsection (a). Notice that what’s being aimed at is no longer voting for one’s candidate, but actually electing one’s candidate; it’s the outcome that is now the objective, not the process. Now exactly how can anyone discern that one’s ability to elect one’s “preferred candidates of choice” (by the way that redundant formulation is indication of sloppy logic on the draftsman’s part) has been or may be adversely affected specifically on account of race without assuming that people of specific races must necessarily want, by reason of their race, to vote for specific candidates and not others? More to the point, subsection (b) assumes that a group of three judges sitting in Washington can decide who a bunch of black voters really want to vote for. You have to make that assumption because without it you cannot measure whether something has had the effect of diminishing any group’s ability to elect a candidate (and you have to make the measurement at the group level because no single voter can elect anyone to office).

And here we have the left’s bird-dogging their goal: It’s not that the left objects to blacks’ being denied the right to vote, because they aren’t any more, or at least not because of the color of their skin. What the left objects to is how blacks exercise that right. In the left’s view, a black citizen’s franchise in fact does not belong to him as an individual but merely as a unit of a group which is defined for him – into which he is defined, you can say – by a bunch of guys in Washington. The result is that a black voter who lives in an area where there is a concentration of voters who superficially look like him is going to find himself gerrymandered into a voting district that has been tinkered with, stretched, and twisted to produce a specific pattern of electoral outcomes. It does not matter that he has or may have nothing at all in common – other than his skin color – with the vast majority of his fellow voters in that district, who may live not just miles but hours away from him. His interests, his objectives, his policy preferences, his mode of existence, his life habits, may be entirely at odds with his fellow voters in the district. But a bunch of guys at the DOJ get to decide that, because he is black, he must want to vote for a specific and definable narrow range of candidates, and they – not he – get to decide who those candidates are.

Pray tell me how is that black voter not being denied a reasonable ability to elect his preferred candidates, and when he is lumped in with other voters for no reason but his skin color, how is that denial not occurring on account of his race? We have created the perverse situation where Section 5 effectively mandates its own violation.

Many people who make a habit of reading the Supreme Court tea leaves are cautiously hopeful that Section 5, the constitutionality of which is directly attacked by Shelby County, will be struck down. I am not so hopeful as they. This is the same court, after all, which last year ruled that Congress can tax you for not doing what it cannot constitutionally compel you to do (are we next to see a tax on criminal defendants who refuse to testify? after all, we’re not making them testify against themselves, we’re just taxing them to recover some of the undeniable economic externalities of having to convict criminals without their active cooperation).

Either this country is founded on legal distinctions between groups of people we arbitrarily call “races,” or it is not. If it is, then we might as well have saved ourselves the trouble of a civil war and a civil rights struggle, because this circle will complete itself. If we do not consciously and steadfastly turn our backs on the notion that some groups of people must be treated differently because of arbitrarily-chosen physical characteristics, then eventually we get back to where we were in the 1890s, when Plessy was the law of the land. If it is not so founded, then Section 5 of the Voting Rights Act needs to be composted.

Update [25 June 2013]:  And the ruling is in.  Section 5, at least insofar as it relies on a formula cobbled together in the 1960s, and which no one alleges can still be shown to exist anywhere, is unconsitutional.  Full opinion here.  Haven’t read the full thing yet (Thomas’s concurring opinion is, as usual, the most straightforward of the lot), but the take by the professional tea-readers is that it’s going to be awfully hard for Congress to come up with a formula that will pass muster.  Which means it’s going to be interesting to see Congress try to reimpose the ability for a left-wing bureaucracy to bugger around only those states not likely to vote for Democrat candidates.

Angie Shows Barry How It’s Done

Back in 2009, when the flames of the collapse were still climbing to the heavens and no one really knew where the bottom was going to turn out to be, the newly-elected American president — Dear Leader, we’ll call him — had his folks in Congress ramrod through a $780+ billion “stimulus” package to keep unemployment under 8% and get us back down to 5% unemployment by what is now several years ago.  In fact, that’s how the “stimulus” was billed and sold, as a mechanism to keep ordinary Joes and Janes at work.  At the time the “stimulus” was pushed through Congress, on a largely party-line vote, there were dissenting voices who had the ill graces to point out that the “stimulus” bill was really the last 40 years of Democrat Party Christmas wish list.  It was overwhelmingly targeted towards keeping state and local government employment rolls topped up, and even expanded.  And so it turned out to be:  The private sector shed millions of jobs, most of which haven’t come back yet, either in an absolute sense or in the sense of keeping up with population growth among the working age.  Labor force participation rates are in the 65% range, lower than they’ve been in nearly 40 years.  The U6 unemployment data, which captures not only those actively looking for work, but also those who’ve dropped out of the game from disappointment or despair, has been hovering in the 14-16% range for months and months and months.  Even nominal unemployment has only in the past month or so dropped below 8% . . . and most of that drop is attributable to ever more people giving up on ever finding work again, and so dropping out of the labor force entirely.  During this time government employment rolls barely shrank at all.

We’re now well over 1,400 days since the last federal budget.  We’re $6 trillion deeper in debt than when Dear Leader began his first term.  Other than soak-the-rich, we’ve heard nothing in the way of suggestions to get the country back to work.  On the contrary, we have an EPA which, by executive fiat, has intentionally set out to decimate the country’s electrical generation capacity.  We’re sitting on top of the largest discoveries of petroleum and natural gas in history (literally:  in the Green River Formation they’re estimating as much petroleum as has been used in all human history, since they first started pumping the stuff in 1859 on Oil Creek in Pennsylvania), and Dear Leader sits placidly by while his agencies and allies erect roadblock after roadblock to their exploitation . . . while a gallon of regular gas costs $3.70 or more in most of the country.  We’ve enacted a “healthcare reform” program the mathematical consequences of which will inevitably be the bankrupting of the private insurance industry, leaving a formal government take-over as the only remaining option.  “Never let a good crisis go to waste,” as one of Dear Leader’s least savory advisors famously quipped, and if you can’t find something that’s wrecked, why, you just go out and wreck it yourself.  There’s your crisis.  Dear Leader has got business so spooked by his incessant demonization and vindictiveness that they’re too damned scared to hire or invest.  They don’t know how much of what they make they’ll be allowed to keep.  We’ve enacted a monstrosity of a financial sector “reform” one of the side effects of which will be to destroy the community banking industry (where do Dear Leader and his cronies suppose small business America banks?) by imposing on it compliance costs it will never be able to recover from its customer base.

And so America drifts, out of work, decaying, directionless, the plaything of a tribe bent on fundamentally changing the structure of American society and the relationship between Americans and their governments.

At the same time Dear Leader was borrowing and spending his way into the hole, the Germans went the other way.  They began looking for ways to spend less.  Dear Leader even lectured Chancellor Angela Merkel about the un-wisdom of “austerity” measures when what was really needed was going on a toot like a crowd of drunken sailors on their first shore liberty in ten years.  Merkel, who unlike Dear Leader actually has some demonstrated intellectual horsepower (before she went into politics she was a practicing physicist, as opposed to a “community organizer”), politely told Dear Leader to mind his own business.

Germany’s new budget proposals for 2014 (“budget”? what’s that? what does a “budget” look like?) project the lowest levels of new borrowings in 40 years.  In 2015 the budget will be balanced, and in 2016 they’re looking at €5 billion surplus.  Being Germans, what are they proposing to do with that surplus?  Right:  Pay down their accumulated debt (which is €1.3 trillion).  Does anyone seriously suppose that any American government with a budget surplus wouldn’t tear out and spend it?

What Germany’s accomplished is even more remarkable when you consider not only its overall history but more particularly what’s been going on the past few years.  For starts, most of the post-war reconstruction in Germany was not financed by things like the Marshall Plan (both France and Britain, with much lower levels of destruction, got much more money out of Uncle Sugar).  The entire eastern quarter, in fact, was ruthlessly plundered by the Soviet Union.  Western Germany largely re-built itself.  After reunification, it then turned around and re-built the former East Germany as well, the physical plant of which had been studiously neglected for 45 years in order to keep up a massive military and secret police apparatus.  West Germany itself had also contributed to its own defense as well, after 1955.  Granted, it did not have the overseas commitments of the U.S. or Britain, and its total military spending as a percentage of GDP was never as much as half of America’s expenditures.  On the other hand German society also had to pay for stuff that America hasn’t.  Like food; Germany hasn’t been self-sufficient in foodstuffs since before World War I.  And energy:  Barring coal, the economically recoverable deposits of which have been played out for 20 years or more, Germany produced roughly zero of its own energy requirements.  And ores:  Germany produces little of its own metal ores (and in an economy the flagships of which are heavy industry and chemicals, that’s a hard nut to crack).  And then in the last two or three years,  Germany has been propping up entire countries across Europe’s southern fringe.  Most of the money that’s keeping the lights on in Greece and Italy is coming out of Germany.

Yes, Germany has much higher income taxes than America does.  But in point of fact they’ve been reduced, somewhat, in recent years.  Germany also turned away from its single-payer healthcare system.  And German taxes on capital gains and businesses are significantly less than their American equivalents.  But mostly what Germany brings to the table is a cultural memory of the Weimar years, and what came afterward.  This instills in them a discipline that America, the Land of Perpetual Plenty, of Wish-it-True, simply lacks.  America has had downturns here and there.  So has everyone.  But only on three occasions has the fabric of the American economy had gaping holes blown in it, the kind that take years if not decades to mend:  in 1837, 1873, and 1929.  No one is left to remember anyone’s first-hand tales of the first two.  While the Great Depression was awful in the U.S., it was cataclysmic in Germany.  Most of what Germans thought to be their late 1920s prosperity, such as it was (remember this was after the terrible inflation of 1923-24), was financed by cheap credit from the U.S.  When America no longer had money to lend, and when the rocket scientists in Congress came up with the Smoot-Hawley Tariff, thereby blowing up large chunks of the international trade economy, suddenly Germany had no credit sources and their economy, which since the 1870s had been highly dependent on exports, just disintegrated.  Today’s German leaders aren’t old enough to have personal memories of the 1920s, but at least some of their parents were, and certainly their grandparents were.  And they’ll have heard stories about family fortunes blasted to bits, about lifetimes of effort brought to naught, about hopes destroyed and opportunities forever denied.  And then of course came the Nazis, and the war, and the Soviets.

So we and Germany have chosen divergent paths, it seems.  Curiosity suggests it will be interesting to see where they end up.  A solicitude for my children’s future terrifies me at the thought.

There Truly is Nothing New Under the Sun

Back when Dear Leader was new in office, his chief of staff, Rahm Emanuel, famously observed that you should never “let a good crisis go to waste.”  By that he plainly meant – didn’t even try to hide that he meant it, either — that in the confusion, desperation, and panic of a “crisis” (whether real or manufactured, a point he did not bear down on very much, understandably), a government can get people sufficiently buffaloed that they’ll acquiesce in nonsense that they wouldn’t tolerate under any other circumstances.  The truth of his observation has been borne out in Dear Leader’s subsequent achievements, if you can call them that.

First and foremost of course was the Porkulus Act, which doled out not quite $790 billion, mostly to friends and supporters of the new administration and the party to which it belongs.  Some of it may actually have done some good; a client of mine that is a water and wastewater utility provider got a partial grant that it used to sewer no fewer than seven older neighborhoods, at least some of which had near 40% failure rates in their septic systems.  But the vast majority of the money seems to have gone down the drain of sundry union-friendly government make-work projects.

Then came the disaster of “affordable care,” which was rammed down the throats of an unwilling populace, without its provisions even having been read by the legislators who voted for it. 

And of course we’re coming up on completing our fourth consecutive year without a federal budget, with our most recent quarterly GDP growth rate in negative numbers, a credit downgrade (or is it two now? I forget), stagnant unemployment, job growth numbers which aren’t even keeping up with population growth, and trillions of dollars in additional debt.  Dear Leader refuses to discuss any structural changes to how the U.S. spends money, confining himself to demanding ever higher nominal tax rates from “the rich.”

He’s now issuing reams of “executive orders” to undermine the rights guaranteed to citizens by the Second Amendment.  These orders have been issued in response to a genuinely horrible mass shooting in Connecticut, by a mentally deranged man who had just been served with papers to institutionalize him and which were filed by his own mother (whom he murdered to start his spree).  Dear Leader’s proposals are conceded even by his own DOJ as ineffective to make any serious reduction in gun crime incidence, unless they are accompanied by (i) registration, and (ii) coerced buy-back programs. 

Gun buy-backs?  Unless compulsory and “massive,” they are ineffective.  Even Australia’s, which was specifically targeted at semi-automatic weapons and may well have positively affected the incidence of mass shootings (>4 victims per), had “no effect on crime otherwise.” 

Ban on “large capacity magazines” (you know, the magazines that permit you to engage all three of the guys who just broke into your house without having to stop and re-load)?  The issues here are that they’re a durable good, lasting essentially indefinitely, and there are already millions upon millions upon millions of them floating around.  If you exempt existing magazines lawfully owned you’re talking “decades” before you see any impact.

“Ammunition logs”?  These require merchants to log you every time you purchase ammunition.  Of course, the kind and amount of ammunition you purchase is a good clue as to what kinds of weapons you have and how much use you make of them.  As the DOJ memo notes, the criminal statutes which prohibit certain criminals from owning weapons also pertains to ammunition, but while firearms purchases are subject to background checks, ammunition purchases are all but anonymous.  Creating this sort of log requirement, in addition to an enormous burden on merchants, also establishes, as the DOJ notes, an “intelligence tool to find not only ammunition but also the illegally possessed weapons.”  I’m sure, however, that no law enforcement operatives would ever use such logs to troll for enforcement of an unconstitutional ban on certain kinds of firearms.  This would be the same DOJ that ran a clownishly poorly managed illegal gun-running operation into Mexico (and counterpart programs here domestically) the entire point of which was to supply semi-automatic, large-capacity magazine weapons to known criminal enterprises.  And the study cited by the memo, run by the LAPD, would be from the same folks whose officers have just been outed by a whistle-blower (who’s now subjected to intimidation for his troubles) for buying firearms are steep discounts available to policemen, and turning around and re-selling them (illegally) for handsome profits.

Universal background checks?  Oh, that’s right.  That only works in a world without straw purchasers (e.g. the people the DOJ intentionally permitted to buy the guns in Operation Fast and Furious, but we pass lightly over the several hundred corpses that brainstorm produced), and . . . with universal registration (but of course), and a world in which there are no informal transactions (in other words, your buddy you golf with on Sunday mornings asks what you’d take for that Kimber and you sell it to him).  Even so, the memo notes that straw purchases (q.v.) and theft account for by far the largest number of firearms used in crimes.

So let’s go after straw purchasers.  In plain English, they’re the people who have no criminal history but who either buy intending to deliver the gun to someone they know couldn’t legally buy it (like the folks the Eric Holder DOJ intentionally permitted to buy large quantities of weapons and then walk them over the border to turn them over to the drug cartels), or people who buy the gun intending to let the known impermissible use the gun.  For an example of the latter case, see G. Gordon Liddy, who has mentioned several times on the radio that as a convicted felon he cannot legally possess a firearm.  “Mrs. Liddy, however, owns several.”  Here’s the DOJ on Mrs. Liddy:  “Straw purchasers are the primary source of crime guns. Importantly, straw purchasers have no record of a prohibiting offense. As a result, they are quite different from those who actually commit crimes. Consistent with criminological theory, because the person conducting the straw purchase does not have a criminal history forbidding him or her from making legal purchases, this population could potentially be deterred from initiating this illegal activity.” (emphasis mine)  And how do you deter them?  Well, you threaten to make them criminals.  Hey!  This works even better than we thought!  Let’s create several hundred thousand criminals where none existed before.  It’s not as if there are, from a citizen’s standpoint, any concerns about due process when everything is a crime.

“Assault weapon” ban?  Well, before 1994, “assault weapons” (by which is meant “scary looking long arms,” since actual . . . you know . . . assault weapons, of the sort that McArthur’s troops took ashore at Inchon, have been illegal since 1934) accounted for a whacking 2-8% of all gun homicides.  “Since assault weapons are not a major contributor to US gun homicide and the existing stock of guns is large, an assault weapon ban is unlikely to have an impact on gun violence. If coupled with a gun buyback and no exemptions then it could be effective.”

See a pattern here?  I’ll help the slow-witted:  it’s coercion.  You must “sell” your weapon to the government and there will be zero exemptions.  That you haven’t even a speeding ticket?  Too bad.  Don’t sell and hide it instead in your closet?  Well, just try going to your local Wal-Mart, which now has to keep a log of ammunition sales, and buying a box of .223 Remington.  “Gee, Mr. Murgatroyd, hang on while I go check the back shelves,” says the nice sales clerk while he presses the little red button under the counter.

But why am I blogging about guns, and Dear Leader, and Fast and Furious, and all the fiat regulation on the subject that has gushed forth since Newtown, Connecticut exploded?  Why is it relevant today that Dear Leader’s enforcer quipped that one should never “let a good crisis go to waste”?

It’s important because eighty years ago today, a building burned.  It needed to be burned, at least as an aesthetic proposition.  But when a half-baked communist agitator and arsonist (it may be that he was more arsonist than communist, but that’s not important any more) went and burned the Reichstag, on 27 February 1933, the newly-minted Reichskanzler saw his chance, his crisis which he did not let to to waste.  I mean, can you imagine what Dear Leader would do if someone with a Texas driver’s license torched some government warehouse in Washington, DC?  To say nothing of the Capitol?  Here was a “crisis,” tailor-made to a fellow whose party had polled about 33% of the vote the preceding fall, but who needed a bigger slice of legislative support to do what needed to be done.  And sure enough, Hitler didn’t let that crisis go to waste.  He cajoled President Hindenburg into signing a decree that suspended large chunks of civil rights enjoyed by German citizens and otherwise guaranteed to them by their constitution (much like the Second Amendment guarantees the right, without “infringement,” to “keep and bear arms”).  Using that decree he then ruthlessly suppressed the communists between the fire and the (already-scheduled) national elections of March 5, 1933.  That got him up to not quite 45% of the vote.

But more importantly, it got him, when you excluded the communists, a two-thirds majority in both houses of the German parliament, needed to change their constitution (like reading the Second Amendment out of ours).  I mean, it was a crisis, right?  After all, the (Nazi-controlled) press told them it was.  The (Nazi-controlled) police told them it was.  Field Marshall Hindenburg, as close to a saint as anyone has ever been . . . until a sitting President of the United States of America is likened unto God Himself <excuse begged while post author leans over and vomits on office floor>, told them it was.  And so they got, passed on 23 March 1933, with effectiveness from 27 March 1933, the “Gesetz zur Behebung der Not von Volk und Reich,” the Law for the Relief of the Emergency of People and Reich, better known by its colloquial name, the Ermächtigungsgesetz — the Enabling Act (and boy howdy did it ever).  An English translation of it is here.

When you read the sucker, it’s pretty harmless.  For starts, it had a sunset clause built in:  April 1, 1937 (remind me how that worked out, again?).  Of the referenced provisions, Article 85 § 2 and Article 87 related to budgeting and borrowing, respectively.  One is reminded today that we’re coming up on four straight years without a budget, and that TurboTax Tim Geithner’s Treasury has been issuing debt as fast as The Ben Bernanke’s federal reserve can make up the money from thin air to buy it.  Articles 68 through 77 relate to how laws are to be passed.  The law provides that those articles do not apply to laws passed pursuant to the Act.  Can anyone say, “executive orders”?

What does the Act actually do?  It merely permits the Reich government to pass laws.  It doesn’t strip the legislative branch of its own capacity to do so but rather creates an alternative route to legal validity.  The Act provides that laws promulgated by the executive (the “Reichsregierung”) may “depart from the constitution” except to the extent that they impinge on the institutions of the legislative houses “as such.”  Well, isn’t that a comfort?  What we see here is the classic politicians’ behavior of making sure of oneself and bugger the rest of the show.  By the latter phrase I refer explicitly to those provisions of the German constitution — Articles 68 through 77 — which provided numerous avenues to veto enactments of parliament, including specifically through the mechanism of a plebiscite.  Sure wouldn’t want all them smelly ol’ Tea Partiers to interfere, would we?

So what I am trying to say here?  Am I insinuating that Dear Leader is a closet national socialist?  No.  But he is a socialist; in fact he is pretty plainly a marxist, in his understanding of how wealth is created and by whom and under what circumstances, and even more to the point, in how he understands the correct relationship between the individual and the State.  He certainly is more than willing to make up powers for himself — much like that Egyptian feller, Morsi — which attack the very constitutional fundaments of civil society, “departing” from the constitution “for the relief of the emergency” of the people and the country (as if the mass murder by some lunatic in Connecticut somehow creates a crying emergency for me here, well over a thousand miles away).  He pretty openly despises the notion that his Vision of what is right and expedient ought be constrained by anything other than his ability to muster sufficient force to implement it.  His respect for Congress can be easily extrapolated from the rousing 0-98 vote which his last proposed budget received in the Senate, the house of Congress still controlled by his own party.  He doesn’t even have sufficient respect for them to send them something that a single member can vote for and look his constituents in the eye.  To use a perhaps crude metaphor, he treats the legislative branch, a co-equal branch and in fact the pimus inter pares of the Constitution, much as the junior varsity football squad would treat the acknowledged slut of the high school.  And like the lick-spittles they are, they come crawling back for more of the same.

And so today, on the 80th anniversary of the burning of the Reichstag, a “crisis” which was not let go to waste, we appropriately pause to ask ourselves precisely where the tendency of Dear Leader’s actions lies.  How easy or difficult will it be to get the toothpaste of his eight years in office back into the tube?  Having once admitted that a single person can simply make up the laws of the United States as he goes; that he can decree the killing of any person, citizen or no, based upon his decision that this person might be a danger to . . . what?; that he can pledge the full faith and credit of a mighty economy of a third of a billion people, how can we go back?  How can we hold in check another, future president, one even less inclinded to accept limits on his actions than this one? 

As objectionable as Dear Leader’s actions are, and they are, they are even more alarming when placed in the context of the constitutional history of the United States.  Andrew Jackson was roundly excoriated for exercising his veto power not based upon whether a passed piece of legislation was within the constitutional power of Congress to adopt it, but rather based on whether he agreed with it.  He was called, in outrage, “King Andrew.”  From his kingdom we have evolved (or degenerated into) the imperial presidency, in which the chief executive makes war without so much as a by-your-leave to Congress. 

My boys are ten years old and down.  What will be the fruits of Dear Leader’s administration forty years down the line?  Do I dare trust that future president to have the moral integrity which Dear Leader boasts of lacking?

To borrow a line from the late Mr. Justice Holmes:  To ask that question is to answer it.

Well, Perhaps It’s Not the End of the World, But Still

I have this problem.  Whenever I have time to get my hair cut, I forget that I need a haircut.  And when I remember that I need a haircut, I don’t have time to attend to it.  So I tend to go rather longer between haircuts than appropriate solicitude for my fellow humans’ aesthetic sensibilities would suggest.

But when I do get my haircut, I go to this little joint on Main Street.  It’s in an arcade-style building which is a converted movie theater.  There’s a long breeze-way style central hallway with small (generally less than 300 square feet) offices lining it on either side.  The barber shop has been there at least since we moved to town in 1968, and so far as I know Billy has been there cutting hair since Day One (I could be wrong about that, but after a long enough period, I don’t suppose it matters).  He’s well into his upper 70s now. 

The barber shop has a tile floor, alternating red and what used many years ago to be white tiles.  Two workstation chairs and a bench running along one wall.  The bench’s naugahyde covering is taped together in several places.  There’s a magazine rack along the window, which looks into the breeze-way.  That’s pretty much it.  For many years there was one of the old-style soft drink machines, the kind where you put your money in, opened a door, and reached in to pull out the desired (glass, of course) bottle.  It was an RC Cola machine, as I recall, and my world tottered on its foundations, a bit, when one day I came in and it was gone.  But the sun came up the next day and I learned to live without that tangible reminder of a tiny child’s thrill to be given fifteen cents by mommy and permitted to go up to this great, humming machine towering over one’s head, deposit the shiny coins, and reach in and select one’s own treat from a veritable cornucopia arrayed right there before one’s eyes.

The cash register Billy uses is so ancient it has the old manual typewriter-style keys and a wooden drawer.  But it still works just jim dandy and still makes the ca-ching!! sound that only comes from such a machine.

During election years, Billy will post a couple of pieces of posterboard on a wall, with all the local races and candidates on it.  Customers get to put an X in a box.  Billy once told me that as a predictor of wins and losses it proved pretty accurate, even if the actual margins may not have matched.

I’ve gone there to get my hair cut since moving back here after law skool.   I like going there because at 47 I’m still usually the youngest person present by anywhere from 25 to 40 years.  I shut up a lot while there, and listen to the old guys talk about who’s sick, who’s died, whose wife’s in the hospital, who brought in the biggest acorn squash anyone’s ever seen, what’s the word on the county commission’s latest shenanigans, and so forth.  Can’t say as I agree with every opinion I hear expressed but then that’s not why I’m listening. 

Another thing:  Almost everyone in the room, from the barbers to the other customers to myself, is a veteran.  It’s difficult to explain the sensibility that knowledge awakens.  It’s not like you’re buddies with everybody and his cousin just because you all wore a uniform at some point in your lives.  And as mentioned it sure doesn’t mean you think alike, or respond the same way to the same events.  Nonetheless, there is a basic awareness of having something in common with them that one does not have in common with most of the people with whom one shares one’s existence.

For many years the other barber there cutting hair with Billy was a gent name of Bob, who has now “retarded” and moved away to live closer to his children.  I was concerned when Bob retired for the obvious reason that it must have put similar thoughts in Billy’s head if they weren’t already there.  And then for several weeks Billy vanished.  I found out later that he’d had some pretty serious health issues, including getting badly “down in his back” (as we say around here) and of course for a barber that’s a career-ending injury.  Then one day the shop was open again and there was this younger guy working the second station.  Rather many tattoos on his arms for my taste, but then they’re not my arms.  Turns out he’s a National Guardsman (so sometimes the shop’s business hours have to shift to accommodate his drill schedule).  Gives a pretty decent cut, too.  He’s there for the long haul, he says, and in fact the shop now has a Facebook page (it’s the only page I’ve ever “liked” on Facebook).

And then one day there was Billy, back in harness.  He’s moving a bit slower now, of course, and I understand he’s not there every single day (given my haphazard grooming habits in that respect I wouldn’t know it if he were).  Sometimes when I go I get my cut from Billy and sometimes from the new fellow.  Other than the new barber I’m still the youngest guy present by decades.

This past week when I went in I saw that the price for a haircut, which had remained at $10 for years and years, was suddenly $12.  Twenty percent jump in price.  It’s still by far the cheapest cut around, though, and I’d always wondered how in the world they managed to pay the bills on $10 a head.  So I don’t begrudge them the increase even a tiny bit.  But that twenty percent is a measure of the pressures on the shop and the people who work there.  The younger guy is married and has children; he’s trying to raise a family from that chair and $10 a head just won’t get the job done any more.  To me at least that twenty percent says a great deal more about the state of the economy than all the government spin numbers you can quote to me.  Someone providing as basic and necessary a service as a haircut has to crank his prices up by twenty percent in order to keep his head above water.  What’s going to happen to them when those pressures are increased exponentially by the coming hyperinflation, and their customer base, most of whom live on fixed incomes and/or interest-based assets, sees its life savings go up in smoke in a matter of weeks?  The soccer moms will never take their precious little darlings to some nasty ol’ barber shop.  The young, the employed, will not have the time to come all the way downtown for a cut.  And the barbers will have to keep raising their prices, beyond what their customers can pay.

That’s the result of “quantitative easing.”  That’s the result of “stimulus” spending.  That’s result of the doctrine that no one who has ever drawn a government check should ever not get a government check any more.  Thank you Ben Bernanke.  Thank you Dear Leader.  Thank you all the Congresscritters who voted for the healthcare take-over without bothering to read the bill.  Thank you all the RINOs for meekly going along with the new-spending-is-the-answer-to-everything leitmotiv that has guided American governments since the 1930s.

Now where am I supposed to get my hair cut?

Lions and Lambs; or, My How Times Have Changed

Wow. I mean, just wow. It’s not exactly the lamb lying down with the lion, but still . . . .

Everyone knows that the Nazis set out to eliminate the Jews from Europe, and that at the Wannsee Conference they decided, in great formality, that the “final solution to the Jewish problem in Europe” entailed the industrialized slaughter of them all. What sometimes gets a bit lost in that pile of 6,000,000 corpses is the fact that the Jews were not the only minority ethnic group which the Germans decided to rid Europe of along the way. Foremost among those were what English-speakers know as “Gypsies,” and which the Europeans commonly know by their two principal sub-groups: the Roma and the Sinti. 

Even more so than the Jews, the Gypsies were perennially the outsiders wherever they lived. They eschewed fixed abodes, moving forever back and forth, as opportunity or oppression pulled or pushed them. With no places of regular employment, no established trades, no towns, no shtetls, no ghettos, no financial relationships to wherever they happened to be encamped, they had limited contact with the societies among whom they moved. In truth they weren’t always the best of neighbors, earning a reputation for having more than a little difficulty with the intricacies of meum and tuum. They were spread over most of Europe (James Herriot describes in one of his books treating a horse for a family of Gypsies in north Yorkshire in the 1930s) but the Roma were principally concentrated in the southeast, in Bulgaria and Romania, with the Sinti concentrated in the central areas, mostly Germany and Austria. 

According to Wikipedia, anywhere up to 1,500,000 Gypsies were killed off during the war, frequently being shot on sight by the Einsatzgruppen. Their exact status took some determining; it wasn’t until later on that the Nazis decided that they too needed to be slaughtered; Eichmann plumped for resolving the Gypsy “problem” contemporaneously with (and in identical fashion to) the Jewish “problem.” Eventually the determination was made that the Gypsies were of so different a sort of human that they were dispensable. Were it not so grim and so real, and were it not for the fact that these deliberations in fact resulted in the murders of thousands upon thousands of real live people, one could almost chuckle at the notion of some pettifogging German bureaucrat screwing up his brow and laboring mightily to decide just what sort of being a Gypsy was. The mental image has something of the farcical element of Monty Python to it . . . except for the fact that it wasn’t farce at all, but rather in deadly earnest. 

Again, according to Wikipedia, there now live several million Gypsies of the various groups, concentrated mostly in their traditional host countries. They remain largely outsiders there, forever among the poorest, with the highest rates of all manner of social pathologies, and exciting the same antipathies they always have. Of course, the communist tyrannies of that part of Europe did their level best to destroy the traditional Gypsy nomadic life (it’s much harder to bugger around someone who’s perfectly fine packing up and living out of a horse-drawn wagon), herding them into concrete warrens of housing projects. They also subjected their populations to coerced sterilizations. With the fall of communism the money to provide/enforce a sedentary lifestyle for a people for whom a sedentary life is utterly foreign to their culture went away, but of course their traditional forms of existence had long since been disrupted, first by the war and its slaughters and then by 45 years of communist tyranny. And being outsiders they have found themselves once more convenient scapegoats in societies the fabric of which was itself rent and frayed, almost beyond recovery. 

As something of an aside, Americans – in fact Westerners in general – don’t seem to realize just how fragile, how frangible, their civil existence actually is. The ability to have a house full of relatively nice stuff, out in full view through windows over which no bars are installed, and through which any reasonably enterprising burglar could smash a brick, climb in, and annihilate in a matter of an hour or two the accumulated tangible wealth of decades of toil, but not having to entertain an expectation that such will happen if vigilance is relaxed for a moment, is a precious gift. We forget what so easily happens when the bonds of family, culture, and religion are forcibly sundered by organized violence.  So we don’t always understand well what happened in Eastern Europe from 1914 through 1990, and how the aftershocks of those awful decades continue to crumble, undermine, and sweep away human dignity. 

Now, what’s left of the societies where the Roma have lived for centuries are slowly collapsing into poverty and chaos. What is there left for the Roma in those places? The worse things get there, the more likely becomes renewed repression. They’re not ethnically kin to their host societies and needn’t expect any successful degree of assimilation. The degree of prosperity and security – modest as it was, and however precarious in comparison to Western Europe – that enabled them to support their traditional existence is dead nearly these 70 years. 

But there remains one place in Europe where there is relative prosperity, where there is relative stability, where there is money to be had, in some cases for the asking: Germany. And so, as the Frankfurter Allgemeine Zeitung reports, thousands upon thousands of Roma (and other desperately poor from that area of Europe) are coming to the land that within living memory sent the Einsatzgruppen their way. The Germans are begging the source countries please to do more to integrate them into their own societies so they won’t keep coming and draining the coffers. That’s cute, really: We want you to assimilate these people we don’t want to assimilate. The Germans are even willing to use EU funds to promote the integration of the Roma into their “home” populations (have to love the notion that they think it’s so important that they’re willing to spend someone else’s money to do the trick). 

But you have to savor the irony of a people flooding to the country that made a good start at slaughtering them.  Who would have thought it, in May, 1945?