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.

Hot off the Presses! Human Nature is Still Human Nature

An apparently moderately well-known (but not all that well-known, it seems) “character actor” is stopped and frisked by a sales clerk in a deli on the Upper West Side of Manhattan. The store clerk thought he saw a little hocus-pocus with the merchandise. It turns out the clerk was wrong. No dialogue of the encounter is given.

The actor in question is black. The ethnic data on the clerk is not given. According to a commenter here, at the deli in question, a venue rejoicing in the name of Milano’s, all the help is Hispanic, African, or “Muslim” (by which I take it he means of apparently Middle Eastern extraction. Per this commenter, there is no “white” (in the stereotypical sense) help in those little markets in that part of town. It’s been seventeen years since I last lived in that neck of the woods, and so my memories are blurred. I do recall that I couldn’t afford to patronize the snazzier joints up and down Broadway, where this particular place is located; a bagel from Hamilton’s on Amsterdam right across from campus was about my speed, and that had to last from mid-morning until supper, usually.

According to Our Author, the whole thing is obviously a case study in racism.

Let’s let Our Author set the stage: “The deli where Whitaker was harassed happens to be in my neighborhood. Columbia University is up the street. Broadway, the main drag, is dotted with nice restaurants and classy bars that cater to beautiful people. I like my neighborhood.” Get that? “Nice restaurants” and “classy bars” that cater to “beautiful people”; not to people like them . . . you know . . . them. But to “beautiful people,” people who read The New York Times. People like us. Our kind. Good people

In the aftermath of The Incident, Our Author has “read and listened to interviews with the owner of the establishment. He is apologetic to a fault and is sincerely mortified. He says that it was a ‘sincere mistake’ made by a ‘decent man’ who was “just doing his job.’ I believe him.” That is, however, according to Our Author, not quite good enough. 

“The idea that racism lives in the heart of particularly evil individuals, as opposed to the heart of a democratic society, is reinforcing to anyone who might, from time to time, find their tongue sprinting ahead of their discretion. We can forgive Whitaker’s assailant. [huh? ed.] Much harder to forgive is all that makes Whitaker stand out in the first place. New York is a city, like most in America, that bears the scars of redlining, blockbusting and urban renewal. The ghost of those policies haunts us in a wealth gap between blacks and whites that has actually gotten worse over the past 20 years.” 

I do remember this much about the neighborhood Our Author is describing – you know, the neighborhood where they “cater to beautiful people.” No person of any color, of any nationality, of any physical attribute, or even of any observable behavior at all, stands out there. No one. I used to delight in wearing my Liberty bib overalls (we call ‘em “overhauls” around here, but then around here we don’t cater to beautiful people) about the place and with my . . . errrmmmm . . . unmistakable accent, I came as close to “standing out” as anything I saw during three years. And I still didn’t stand out. So the suggestion that this actor somehow “stood out” because of the color of his skin in a place that is swarming with people who, except that their mugs haven’t graced either large or small screens, are utterly indistinguishable in that respect at least from Veteran Character Actor is just risible. 

Secondly, that part of Manhattan doesn’t “bear the scars of redlining, blockbusting, and urban renewal.” It bears the “scars” of a gargantuan tax-exempt hegemon that as of the mid-1990s owned all but one single building in that entire part of town. When you don’t have to pay taxes on what you rake in or on what you own, and when the folks who want to give you tons of money so you’ll paste their names on a wall somewhere can also claim a deduction against their ordinary income taxes up to 50% of their A.G.I. during any year for what they fork over, with unlimited carry-forwards of the excess, it’s hard to find a prospective purchaser to compete against you.  If any part of New York City can be considered a protected little bubble of smug endowed socialist outrage, its own biosphere of wealth-despising trust fund babies, the area around Columbia University is it.

Thirdly, and this is something you don’t necessarily pick up on unless you’ve lived there for some while, but there isn’t really “a” New York City. You can go fifteen blocks in almost any direction and find yourself in a socio-economic atmosphere that bears scant resemblance to where you were thirty minutes ago. The “wealth gap between blacks and whites” that so exercises Our Author is not a wealth gap between “blacks and whites,” but between a very narrow slice of whites and Every Damned Body Else. As noted in one of the most self-absorbed bits of navel-gazing to be published in recent memory, New York is becoming a city of a small number of extraordinarily wealthy people, who are waited on, preyed on, and served by a large number of people who are increasingly drawn from the bottom ranges of the wealth-and-income continuum. It’s not so much that the blacks (or any other group) have got measurably poorer as that the ever-increasing cost of living in New York is running off ever greater swathes of the middle ranges, a goodly number of whom are, of course, themselves black. It’s the poorer who can’t afford to move (they can’t pack up their government housing, for one thing). Our Author neither notes the demographic catastrophe playing out in New York, nor does he note that the root causes of the eternal ratcheting up of the cost of living are in large measure policy preferences adopted to soothe the sensibilities of the sorts of “beautiful people” catered to in the “classy bars” which make Our Author’s neighborhood so pleasant for him. Irony, like subtlety, is a lost art. 

Fourthly, and this is a point that escapes Our Author, as it does most “beautiful people”: Shoplifting is a non-insurable risk. It’s not unreasonable to suppose that well over 1,000 people a day come through even one of those tiny little shop-front establishments in that part of town (if you’re open from 7:00 a.m. to 6:00 p.m. that’s eleven hours and it’s not at all a stretch to run 90 people per hour through, especially if not all of them actually buy). If only 3% of those people – 30, total – are shoplifters, and if they steal only something worth $2.50 each, that’s $75.00 per day the store has lost. At $9.00 per hour for a store clerk (yeah: I know, that’s a lot of money for a clerk but then again prevailing wages in Manhattan perforce have to be higher) the shoplifters have just about added an entire employee to the store’s overhead. In fact, you might say that shoplifters at one single store are keeping one person out of a job that might tide him over after unemployment runs out. Now multiply that by the thirty or so stores which might be in the one-seventh of a mile along an avenue between numbered cross-streets in Manhattan. So the prudent store owner’s staff is going to err, if anything, on the side of over-vigilance, because unlike “beautiful people,” us regular trash lose our jobs when the boss man hits hard times. 

Our Author is a columnist whose regular gig is The Atlantic. I don’t think it a stretch to suppose that he counts himself among the “beautiful people” catered to by the “classy” places he describes. He’s black, too. So, apparently, is his wife. What Ed Driscoll calls the “bombshell” comes at the end of the piece. When Our Author’s wife was six, some white person addressed her cousin with a particular racial epithet. Since then she’s been more or less “at war” with white people in general. I don’t know if I’d go so far as to label her a “racist,” as some have who have weighed in on the story. I will observe, though, that there is no logical stopping point for her way of thinking. It could be used to justify unthinking animosity towards the general members of any identifiable group based upon the vicarious (or even personal; I’m sure Our Author’s wife has been herself addressed with the same expression during the course of her life since then) outrage committed by one member of that group. 

Does Our Author’s wife concede the same right of personal “warfare” to all Americans of Korean extraction, based upon the undeniable outrages committed during the Los Angeles riots against the persons and property of such persons by people who . . . uummmm . . . superficially look a great deal like Our Author, his wife, and their son for whom she feels such understandable solicitude? I know, not well or very personally, but certainly enough to maintain a polite conversation, someone whose mother and step-father were struck head-on by a drunk driver who happened to be an illegal immigrant from Mexico, and who had a string of felony arrests (including drunk driving, by the way). Under no set of circumstances ought this person to have been in the United States at all and certainly not at large and behind the wheel of a car. They both died at the scene. Is this person’s tragedy a justification for her, me, or anyone else to nurture a hatred of all immigrants from Mexico and their descendants? 

Our Author, who by the way appears to enjoy a rather comfortable standard of living, or at least comfortable enough to patronize, several times a day, the sort of place where “beautiful people” go to be catered to, sadly finds that “racism” lives not, or even principally, in the “hearts of particularly evil individuals, but in the heart of a democratic society[.]” Apart from the subtle anthropomorphism of attributing human motivation to an impersonal agglomeration of individuals who have bugger all to do with each other, Our Author could use a bit of a history lesson. Particular forms of political organization have nothing at all to do with whether or how any one group may stand on the necks of other groups. Ancient Athens, the paragon of direct participatory democracy – gave us the word itself, they did – was a slave society. Its sister and deadly foe Sparta, certainly among the most egalitarian of societies, even though a monarchy, ritually declared war each year on its helots, so that they might be plundered and even killed with impunity by a Spartan. The Greeks even gave us the notion of the “barbarian” as The Other incarnate, the repository of everyone who was Not Greek; if that isn’t bigotry then nothing is. 

Rome, which gave us the republican form of government which we in the United States presently enjoy (Our Author might examine the relevant passages from the U.S. Constitution, which guarantee to each state a “republican form of government,” not a democracy), was likewise a slave society, and it was chattel slavery, too. If you were a Greek or Syrian or German or British slave your children and their children after them were likewise slaves. 

Bigotry is not something that lives in societies. It is something that dwells within each and every last one of us. Our Author, for whom the world seems to have begun with his own birth, does not pause to reflect that the ability to recognize and react against The Other is not just some social construct wrought by the descendants of one group of settlers upon the backs of another group of involuntary settlers. It is a biological defense mechanism. In primitive, tribal life, the man who is an outcast is dead. The Mark of Cain was a protective mark placed by God on Cain, in response to Cain’s plea that every man’s hand would be raised against him. Cain was right. In a world of hunter-gatherers (and folks, that’s all of human history bar the last 10,000 or so years; “classy bars” catering to “beautiful people” are decidedly a recent feature of human existence), if you strip that branch of berries before I get to it, I, my mate, and my children go hungry. It’s as simple as that. So if I fail to recognize and engage The Other, my own genetic material gets intercepted. 

As with any hard-wired human defense mechanism, such as the fight-or-flight response, it takes a great deal of psychic energy to overcome the inclination to recognize and bar The Other. How we define The Other is of course partly voluntary (show up in a group of school teachers and let drop that you were at the most recent Tea Party organizing session and see, Sesame Street-fashion, which One of These Things Does Not Belong), but it’s also involuntary. It’s conditioned by what we know of particular groups at very gross-level generalizations. Jesse Jackson (Sr.) once famously observed how humiliating he found it to hear footsteps behind him, turn around, and be relieved to find it was a white man as opposed to a black one. Surely Our Author will absolve St. Jackson from the imputation of racism? I mean, let’s say that you’re in line at a bank. There’s some guy in the next line over. White guy. He’s got a calf-length dark coat on, buttoned loosely. He’s got a full beard and a hat pulled down straight on his head. He’s not looking to the right or the left. He’s got his hands buried in the pockets. Are you comforted by his appearance, or not? Now add the side locks of a Hasidic Jew to the picture and ask yourself that same question again. Are you a bigot? Or is it just that you find the notion of an Orthodox bank robber silly because no one’s ever heard of such?  Or let’s suppose a group of eight or ten young males walking down the street in a group.  Longish hair, unshaven, all of them in clothing of the same style and colors.  Big heavy boots on their feet.  They’re speaking among themselves in a language that sounds a lot like English, but it sure isn’t any kind of English you’re used to hearing.  Gang members, maybe?  Now let’s put them in the blue trousers, white shirts, black braces, and straw hats of the Amish.  Think you’re a bigot?

You’ll notice in both my examples above that the stereotype that comes to mind is of a group about whom the objectionable behavior you might viscerally sense is known to be a behavior not widely — or even at all all — engaged in by members of that group.  Now, other than the fact that he’s presumptively one of the “beautiful people,” what precisely about Veteran Character Actor’s appearance alone was supposed to exclude in the store clerk’s mind the possibility of his being a shoplifter?

I could go on. But why? 

The whole point, if you can call it that, of Our Author’s column is that he must confront the discovery of racism even in “the good people,” the people who cater to “beautiful people” such as himself. The people who read The New York Times, who’ve never set foot in fly-over country, who don’t even know anyone who voted for Nixon. So, world-weary (and utterly unreflective), he turns his back on the good people. He’s had all of good people he can take. Let’s not disturb his moment of cognitive dissonance, in which even people so self-evidently “good” as to live and work in a part of the country that voted 90%+ for Dear Leader, who believe to the point of ecstasy in anthropogenic Global Warming, who religiously recycle their trash and buy only certified “organic” fruit and whatnot, can be so “racist” as to mistakenly suppose that a patron obviously so discerning as to go where they know how to cater to the “beautiful people” might be a shoplifter.  And certainly let’s not belch in his chapel and question whether this whole story actually does have anything at all to do with Veteran Character Actor’s skin color.

Poor man. It’s hard to be gob-smacked, even if only metaphorically and vicariously, by one of the canaille, the Pöbel, the plebs.

 

And This is Why the Republicans are Where They Are

[Note:  I’ve been off dying for the better part of the past week.  Well, not exactly dying, but it sure felt a great deal like it over the weekend, and like Strom Thurmond whatever invaded my lungs didn’t know when to pack its bags and leave gracefully.]

The past couple of days have witnessed a good old-fashioned political show that is vaguely reminiscent of the days when the U.S. Senate might have earned its self-proclaimed moniker of the greatest deliberative body in the world.  A still fairly-junior senator from Kentucky decided Wednesday, and apparently on the fly, that he was going to filibuster the nomination of John Brennan, one of Dear Leader’s more unsavory characters, to be head of the CIA.  Senate rules allow him to do that.  He exercised his right to hold the floor until physically unable to do so for the purpose of extracting a yes-or-no answer to a fairly straightforward question:  Does this administration claim it has the lawful authority to order the extra-judicial killing (that is, no warrant, no indictment, no evidence, no trial, no verdict) of an American citizen on American soil who does not pose an imminent risk of violent harm?  

I’ve not heard anyone dispute that, for example, Geo. W. Bush could have ordered fighter interceptors to shoot down any of the Sept. 11 aircraft had we had sufficient advance notice of their intentions.  My understanding (admittedly incomplete) is that under certain circumstances of civic unrest, such as massive rioting (think Los Angeles in the wake of the first Rodney King verdict) or natural disaster (Katrina), shoot-to-kill orders are lawful.  But all those involve targets who are actually, you know, doing something which, if violent intervention is not interposed right-now-this-minute, will result in the actual destruction of lives or property.  Rand Paul’s question, phrased colloquially, was whether Dear Leader claimed the right without any judicial process whatsoever and within the territory of the United States, to whack an unarmed someone sitting at a restaurant table eating supper, just because of his involvement in some sort of activity, not actually engaged in at the moment, the objectives of which tended towards violence towards . . . well, someone.

Since the administration leaked an internal memo setting forth its arguments that it does have that authority overseas, several people and organizations have been trying to get a straight answer as to whether Dear Leader claims that authority on U.S. soil.  Eric Holder’s DOJ  issued a really insulting letter to Paul which basically refused to answer the question, and the overall tenor of which was the functional equivalent of telling a female reporter not to worry her pretty little head and doesn’t she know there’s a special on shoes down at Nordstrom’s.  Run along, children, can’t you see daddy’s working on closing a gun-running deal to Mexico?

So Sen. Rand Paul of Kentucky decided he was going to shove a spanner into the works.   And so he spoke, and spoke, and spoke.  At first alone, but as the hours went by and it became apparent that he was quite serious about what he was doing, he got some help.  And Twitter exploded in his support, including from some of Dear Leader’s most blinkered cheerleaders.  Paul ended up holding the floor for roughly thirteen hours, the ninth-longest filibuster in Senate history.

But he got his yes-or-no answer yesterday.  Dear Leader, in what may be a first, has disclaimed a legal authority to act on his own whim (which as we all know, is the highest law, an opinion he shares with the late Kaiser Wilhelm II).  For the moment it is not asserted that the president lawfully may, sitting around a table with unknown folks — or even entirely on his own in the watches of the night — issue an order for a Hellfire missile to come screaming out of the clouds and into John Q. Citizen’s bedroom where he lies asleep with his wife and two year-old, solely on the basis that he’s a member of an organization at least some of whose members may have bomb-making equipment and supplies in their garage, over on the other side of town. 

[Side note:  Holder’s letter is an illustration of why English composition class is important.  Look at the adverbial phrase “on American soil”; what does it modify?  Adverbs can modify adjectives, verbs, or other adverbs.  In Holder’s letter the two possibilities are “kill” and “not engaged,” and because of the way the sentence is written you can’t really tell which it is just from reading the text.  If it’s the latter then it’s a reversal of a position which the administration has explicitly taken (and with which I actually agree, but that’s a subject for a future blog post), namely that it may lawfully kill an American overseas who is not at the moment of killing engaged in combat but who is otherwise generally actively engaged in the activities of organizations which do pursue combat against us.  If “no” is the answer to the question whether the president can order the killing of an American, wherever located, who isn’t engaged in combat on American soil, then that’s a major reversal of position.  So I think the only way intelligently to read the sentence consistently with Dear Leader’s already-staked positions is to apply “on American soil” to modify “kill.”]

You’d think this would be, in the language of the Pythons, a happy occasion.  The minority party, which has a reputation for being less concerned with ordinary citizens’ liberties than is desirable, on a point of principle that addresses itself to the most basic nature of the relationship between citizen and state (“Under what circumstances may you lawfully kill me?” than which I suggest no question is more fundamental), and in the face of cynical refusal by an administration which has made bald-faced contempt for constitutional structures of government its habitual mode of proceeding, forces a fairly plain statement of principle from the administration.  Whether from a partisan, bi-partisan, or institutional perspective, what’s not to love about it?

Plenty, according to John McCain of Arizona.  You’ll recall him; he was the feller who did such a good job of keeping in good with the press corps during his 2008 run for the White House that he got his ass handed to him without ever actually engaging his opponent on any of that opponent’s gaping weaknesses.  McCain’s an aviator and a combat survivor.  I’m an old destroyer guy and never came close to hearing a weapon fired in earnest.  But by God we had a saying on our ship that the probability of achieving a kill with an unfired missile was zero.

Since getting to the Senate McCain’s made something of an art form of the unfired missile.  He’s so consumed with the gentility of the Senate that he’d rather abandon just about any position rather than kick up a fuss.  And this is the guy who while a prisoner of war regularly got the snot beat out of him for gratuitously kicking up a fuss with his captors.  He wasn’t willing to vote for his former colleague Hagel, perhaps the least appropriate nominee for civilian head of the armed forces ever.  But he wasn’t willing to use the tools which the Senate’s own rules provide to prevent that nomination from being confirmed.

And now, according to McCain, what Paul did was “mak[e] the ‘offensive’ suggestion that the president could assassinate” non-combatant Americans on American soil; or, rather, that his demand that the president come out and say that he could not lawfully do so was “offensive.”  According to Senator Comity, “To infer that our government would drop a Hellfire missile on Jane Fonda brings the conversation to a ridiculous tone.”  Does it, now, Senator?  Because this administration has already claimed — and in fact has exercised — the power to drop a Hellfire missile on Jane Fonda overseas.  The morality of so-called “targeted killing” (as opposed to indiscriminate killing, in the manner of Dresden?), even in wartime, even in a combat zone, and even against a uniformed member of the enemy’s armed forces, is not a new topic.  To remind Senator Collegiality, that specific question was perceived to be sufficiently legitimate that we actually debated the mission that shot down Admiral Yamamoto. 

So no, Senator Back-Scratch, it is anything but “ridiculous” to ponder the implications of targeted killing.  The moral and legal implications of drone warfare are anything but clear, anything but settled.  It’s likewise not “ridiculous” to ponder those questions in respect of someone who is, so far from being a member of a declared enemy’s armed forces, not actually engaged in combat operations, either at the moment or generally.  Think that’s a distinction without a difference?  How about the guys driving the truck full of Iranian-supplied weaponry versus the guy who is part of Al Qaeda-in-whatever-hell-hole but whose actual job is more or less that of webmaster for one of their communications networks?  As mentioned, Dear Leader has asserted and in fact exercised the power to deal with both those people in identical fashion, if they’re found overseas. And as mentioned I agree with him in that setting.  Why then is it “ridiculous” to ponder the implications of that same distinction within the territorial boundaries of the U.S. and its possessions?

Not to be outdone by Senator PressCorps, Lindsey Graham of South Carolina chimes in with, “This president is not going to use a drone against an innocent person sitting at a café because it would be illegal.  It would be murder.”  Errrmmmm . . . Sen. Graham, isn’t that word “innocent” sort of the whole point?  Holder’s first letter condescendingly refused to disclaim, within U.S. territory, the right to decide who’s “innocent” and who isn’t.  Besides, illegality is nothing very troubling to this tribe.  Dear Leader’s administration has intentionally run large quantities of weapons to Mexican drug cartels, all quite illegally.  It made personal threats against individual employees and officers of bondholders of companies it desired to hand over to its labor union allies, again, illegally.  It directly, and very illegally, intervened in a decision of the Pension Benefit Guaranty Corporation to stick it to the non-union employees of a General Motors subsidiary in order to top off the pensions of the unionized employees.  It — once more, quite illegally — flat-out lied to a United States court about bailing out a Canadian subsidiary of General Motors in order to get the GM bail-out approved.  And I’m supposed to comfort myself that this outfit won’t do something because it’s illegal?

I’d also remind Sen. Graham and Sen. Limelight that Dear Leader is not going to be the last president of this country.  I don’t know who will be president in six years, or ten, or forty.  But my three sons will have to live under that unknown person’s administration.  If we are silent now as Dear Leader refuses to disclaim the unilateral power of life and death, what is likely to be the state of the debate thirty years from now?  When was the last time that an executive voluntarily relinquished a power his predecessors had either affirmatively claimed or had refused to disclaim?

This sort of muddled thinking, this inability to discern what is actually at issue, this willingness to pull in harness with people and groups whose unabashed tendencies are towards totalitarianism is why the Republican party brand is where it is.  What does this party stand for?  Does it stand for anything?  Does it aim for anything more exalted than just taking back the same reins of power currently held by the other party?  Is there any point at which it is willing to plant its feet, set its face against the winds, and say, “Thus far and no farther”?

Sens Hop-on-my-Bus and Graham are considered elder statesmen of their party.  Perhaps they are.  If they are then that party is in more serious trouble than their most sincere enemies could wish it.

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.

If the Rot is This Close to the Core

Then what’s left?  As the reader readers of this blog have figured out, I pay attention to many things German.  That’s scarcely accidental.  I spent two years there as an exchange student, both my junior years.  The first was decidedly a mixed bag as far as personal success is measured, the second was a glorious interlude in what has turned into a very mediocre existence.  In any event, I got a good snoot-ful of All Things German and like heavy metal poisoning have never got it out of my system.  Even my closest friends would tell you I can be more than a bit of a crank in that respect.

German culture runs in many channels (like any, I suppose).  Two of those can be labelled Innerlichkeit, or inwardness, and Sachlichkeit, or matter-of-factness.  The finest fruits of the former have given Western civilization some of what can with all fairness be described as its highest high points, in philology, music, philosophy, architecture, and literature.  I once read of Bach’s Passacaglia and Fugue in C Minor that it is “as if the eternal harmony were communing with itself.”  Musicologists have dissected it sixteen ways to Sunday but for me it remains a source of never-exhausted wonder.  Those of the latter have blown wide open the boundaries of human knowledge, and given the imprimatur “Made in Germany” an esteem unmatched anywhere in the world.  There are entire branches of science and engineering which simply would not be what they are without that relentless pursuit of understanding, that merciless logic, which the German Sachlichkeit turns on any problem that swims into its ken.

Central to — I would suggest indispensable to — both Innerlichkeit and Sachlichkeit is an insistence on clear thinking, of contemplating the world and oneself without blinders.  A core component of those processes is the willingness to call things by their correct names.

And that is why one must be alarmed by the suggestions emanating from a conference on poverty, recently proposed, to purge certain words and expressions from German discourse.  That’s right, folks:  Political correctness has come to Germany.  Their National Conference on Poverty wants to expunge expressions like alleinerziehend from the language.  That word consists of the roots allein, meaning “alone,” and the present participle of erziehen, meaning “to raise,” as in to raise a child.  It refers to someone who is raising a child by him- or herself.  In that respect it’s actually a better expression than our closest equivalent, “single parent,” because an enormous number of people who find themselves in that predicament are not the parents of the children they’re raising.  But to the German poverty industry the word is objectionable not because it does not perfectly describe what is going on, but because it doesn’t imply anything about inadequate social integration or quality of raising.  One might be forgiven for supposing that a word which mean exactly what it says, neither more nor less, and is perfectly descriptive of that concept, would be permissible.  Apparently not.

“Unemployed” as a term of art likewise won’t pass muster for the poverty mavens.  Arbeitslos, literally “workless,” might be thought a useful expression to capture the not-unimportant data point of those people who have no gainful employment.  You see, gainful employment is an important measure of wealth, in that in order to be gainful, employment must be of a sort which other people are actually willing to compensate you for doing; the being gainful part is how you can tell that engaging in it is actually generating wealth.  It’s the difference, in other words, between a prostitute and an armed robber.  Whatever one may think of the former, she is providing a service to people who, of their own volition, are willing to pay her for her efforts.  The latter, not so much.  The poverty-mongers, however, object because “there are many forms of work that do not secure an income.”  Well.  No shit?  Like being what in older, more honest times, the English used to describe as  a “sturdy beggar.”  No one ever said being a beggar was easy, but is it really helpful to lump the beggar in with the machinist whose plant got moved to a different part of the country but he can’t move with it because of family commitments like aged parents or sickly children?  Both are erwerbslos, the poverty-peddlers’ preferred expression — “without compensation,” or “without compensated labor” — but erwerbslos blurs (and the cynic cannot help but suspect that’s the whole point) that persnickety distinction that the Erwerben of the beggar will never be of use to anyone but himself, while the machinist’s efforts, once applied again, will not only profit himself but his employer and all of his employer’s customers and the people who enjoy the efforts of those customers in turn.  The guy who is trying to get back to making flat-head screwdrivers is simply not in any meaningful sense to be thought of in the same terms, economically speaking, as the guy who’s trying to get between you and your car as you cross the parking lot.

The poor-mouths likewise do not like Behindertentransport.  Here the English speaker get a taste of the German predeliction for compound words, as commented upon by the late Mr. Clemens.  The referenced word comes from two words, Behinderten, meaning “disabled,” and “Transport,” meaning exactly that.  [Aside:  This word also provides a glimpse into German’s twin influences of both Germanic and Latin origins, as well as English’s kinship with German.  The same root word gives us the English hinder and the German behindern, both meaning to place obstacles in the path of someone or something.  And of course transport means precisely the same thing in both languages.]  The issue for the hand-wringers is that in German objects are transportiert (the past participle of the verb), while humans are befördert.  The problem is that in ordinary usage, a Beförderung — a noun form — is usually applied in an alternative sense, meaning a “promotion,” as in a job.  So to speak of Behindertenbeförderung to please the bleeding hearts would sound at best confusing to the ordinary speaker and at worst comical.  The rude might be tempted to ask, “Really?  To what positions are you promoting them?”

It is alarming that Germans would contemplate going down the road we’ve travelled in the English-speaking world.  Habits of thought in fact do become habits of hands, and squishy unwillingness to call things by their correct names leads in a direct line to a squishy unwillingness to grasp problems by the scruff of the neck and then to wring same until overcome.  In today’s world this refusal to engage in clear-minded thought and plainly-confronting action is a luxury that no society can afford.  Fortunately for Germany they don’t have a local franchise of The New York Times, or the Washington Post, or Oprah joyfully to embrace and push this verbal dishonesty into standard usages of language.  Instead, even the Frankfurter Allgemeine Zeitung, which is commonly described as center-right, but which I would humbly suggest is at least half a standard deviation to the left of center, pours scorn on the yammerings of the poverty cheerleaders.

But the seal has been broken.  Even if the balance of German society rightly laughs itself silly at this particular effort, the genie is out of its bottle, and it is only a matter of time before this kind of nonsense is taken seriously and — Germany being Germany, after all — engrafted into the fabric of their laws.

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?

You Mean Incentives Work? Even Perverse Incentives?

Well, fancy that.  If you artificially make something more lucrative relative to alternative behaviors, you get more of it.  And the greater the spread between doing X, which you make more lucrative by government fiat, and Y, your “control” behavior, the more of X you get.  You’d think this is the sort of thing that most folks would figure out by the time they’re in about seventh grade.  Leave it, however, to the government perpetually to discover this dynamic anew, every time it reaches in and monkeys with the market.

The most recent folks on whom the light of ordinary common sense has dawned are the Germans.  Their environmental minister, a boy name of Altmaier, has just figured out that Germany’s so-called “Engergiewende” (hard to render in English, but “energy change-over” is about as good as you can get without sounding goofy) is going to run upwards of one trillion Euros.  Given the predictability with which all governments, everywhere, at all times radically underestimate actual costs of messes they’ve made, the true number is likely to turn out at least double that.  Even on its own terms, that €1 trillion works out to about $1.38 trillion.  That’s a lot of money, folks.

Germany has a national-level renewable energy statute.  Under that statute people who install solar panels on their roofs, and builders of wind turbines, receive cash subsidies from the government, because of course those wonderful renewable energy sources are extortionately expensive, and the statute prescribes the price at which the renewable has to be purchased by the grid so that people will be willing to become producers of renewable energy electricity.  The cost of the subsidy thus fluctuates with the spread between ordinary electricity and the cost of the renewable; the greater the spread the greater the effective subsidy.  But it doesn’t stop there:  Because on windy and extremely sunny days the grid can’t handle all the electricity produced, the producers have to be de-coupled from the grid . . . and they’re paid just as if they were still producing for the grid.  Ca-ching!!  Of course, on calm or cloudy days, and at night every day, there’s not enough juice going into the grid, so the conventional (and remaining nuclear) producers have to maintain their old plants in stand-by to make up the shortfall, or else the population is going to go cold and dark.  Since those plants aren’t needed when the renewables are producing at adequate capacity, however, while they’re just standing there, with steam up and nowhere to put their juice (not only does the grid buy from the greenies at artificially high prices, it buys from them preferentially), they’ve got to be paid as well for not producing (or else the producers will go broke very quickly).  Ca-ching!!  And when excess electricity production pushes its way onto the grids of the Netherlands or Poland (not sure precisely why (it’s not explained in the linked op-ed), but it seems that happens as well, fairly predictably), apparently Germany has to pay for that privilege.  Ca-ching!!  Finally, because of the manner in which the German electrical grid developed over time, just fixing the bottlenecks in the national grid, so that solar- and wind-powered electricity can be moved from its point of generation to its point of use, will alone run to a third of a trillion Euros.  Ca-ching!!

If all of the above bears more than a little resemblance to U.S. agricultural policy, it’s no accident.  They are both efforts to steer, through subsidies, certain people to over-produce specific commodities and at the same time insulate the over-production from the market risk of over-production.  For a humorous (if depressing) short course on how the Soviets won the Cold War after all, see the chapter on farm policy in P. J. O’Rourke’s Parliament of Whores, which over twenty years on retains its relevance.

But it gets better.  Because the German government pays a fixed price for renewable energy and sends the bill to the non-renewable customers, the risk of over-pricing and over-production is placed on the non-subsidized customer.  Householders and investors can, directly in the former case and indirectly in the latter, insulate themselves by suckling at the same tit.  With each additional subsidized producer from whom the grid has to purchase power at artificially high prices relative to non-renewable sources, the greater the incentive for the next customer to become a producer from whom unrealistically expensive power must be bought.  No one, after all, wants to be the last fossil fuel electricity customer in Germany.  And with each additional “green” electricity producer the costs go up and the pool from which those costs have to be paid goes down.  Further, since as the writer points out there are now millions of German households, investors, and industries who are getting fat from the subsidies, the subsidies are rapidly acquiring the status of sacred cows which cannot be slaughtered.

It gets even better, as it always does with government.  As the op-ed points out, the whole subsidization approach of the renewable energy law was predicated upon ever-climbing prices for fossil fuel energy.  Eventually the cost of fossil fuels would catch up with the solar- and wind-generated product and everyone would go on normally.  In doing so they mistook trend for destiny.  As the op-ed points out, not just the U.S. but Poland, Russia, Argentina, and Australia as well have within the past few years discovered massive reserves of oil and natural gas.  As and when those are developed, the price effects will destroy for decades if not generations the model the German law is based on. 

At least competition from cheap new reserves of fossil fuels is something the governments of the world can control.  They can simply decree that those newly-discovered reserves are off-limits.  Wouldn’t it be fascinating to find out who’s funding the anti-fracking lobby here and elsewhere?  Anyone want to bet that, George Soros-like, they’re players with deep commitments in the “green energy” industry?  We already know the Saudis are bankrolling the Canadian effort to strangle the oil sands development.  Dear Leader’s standing athwart the Keystone XL pipeline benefits, among others, the rail transporters of oil from the Bakken field, which would be connected with and its product moved by a completed Keystone XL pipeline, thereby eliminating all those gorgeous miles of tank cars.  [Aside:  Dear Leader and his cronies moan about the potential contamination from a potential leak, as if there were never in recorded history an incident of a bunch of tank cars derailing and rupturing.]  Perhaps not coincidentally one of those rail transporters counts among its larger stakeholders a gentleman named Warren Buffett.  Gentle Reader may remember him; he’s the chap who keeps plumping for higher taxes . . . at the same time his holding company is fighting a $1 billion tax bill from Uncle Sugar.

Who could have seen it coming?  I mean, other than a seventh-grader of ordinary intelligence?

O! the Humanity!!

This is why I enjoy reading articles appearing in Alternet.org that a friend of mine links to, in support of his visceral revulsion against all things capitalistic.  They’re so clownishly badly reasoned and poorly supported.

This one is outraged that an operator of warehouses, very large spaces (a sizeable number of which have roofs that measure in acres) in which it’s easy to . . . ummmm . . . lose oneself, wants to know where its employees are, what they’re doing, and how long it takes them to do it.  This, so Alternet’s Tana Ganeva, makes work “more like a prison.”  Ummm . . . Tana, in prisons the folks who “work” there aren’t at liberty to remove their orange jumpers, leg irons, or whatever, tell the warden to go pound sand, and march out the door.  That lack of liberty is a prison’s defining trait, Tana.  Even the closest America has ever got to debt peonage, the Appalachian coal company town, was never a prison.  People left all the time.  In droves.  In Eastern Kentucky the Three Rs were readin’, writin’, and Route 25 North.  I’m just going to assume that the inmates of Tesco’s (the arm-band brandishing Stalag commandant cited) are not locked in, and that if they truly, genuinely, to the soles of their being felt the degradation of these arm bands as deeply as Ganeva describes, they are perfectly able to drag up and go find a job for some other company that can’t afford arm band technology . . . and that likely can’t afford all manner of other perks of working for Tesco’s.  Like having a career path.  Or being able to move clear across the country without having to change your employer.  Or having multiple different job fields available all within the same employer.  Or (granted, Tesco’s is British, and so the distinction isn’t as great there) health benefits, or a 401(k) with actual, honest-to-God employer matching contributions. 

If they really wanted to go work for some small company where the owner knows everyone’s name, everyone’s spouse’s name, and most of their children’s as well, they could go do that.  There are numerous advantages of doing so.  There really are, some of which have a price tag and some of which are literally priceless.  Of course, when you work for a company like that you’ll never rise above a certain point, because you’re not family.  Even more perilously, your job’s existence — in fact, the company’s existence — is exposed to all manner of circumstances which have nothing to do with the underlying health of the company.  Like the owner’s getting divorced.  Or acquiring a drug habit.  Or developing severe health problems.  Or dying and leaving a bunch of children who haven’t agreed on anything since it was time to figure out who had to take a bath first.  If the owner decides he’s just lost interest in the company, you’re toast.  If the owner’s other business ventures tank and he’s forced into bankruptcy, guess what?  Your job is now part of his bankruptcy estate.  Big companies do go under too (Westinghouse, anyone?  PanAm?), but they do so for reasons that everyone can see coming.  Westinghouse didn’t go down because some guy and his soon-to-be ex-wife couldn’t agree on who was going to get the condo in Vail.  So you can hitch your horse to that wagon and hope the horse doesn’t cast a shoe and the driver (who will never be you) doesn’t run a wheel off . . . or you can suck it up and deal with the impersonality of working for a Tesco’s.

Now, Alternet’s a proudly left-wing site, and the articles I’ve seen posted there are of similar strain, mostly.  So what I do find mildly ironic is that the horror of Tesco’s and the other unnamed employers’ productivity monitoring is that it enables the employer to assign to the individual workers (rather than the entire facility) a “productivity score,” which fluctuates by, among other things, how quickly they accomplish their job tasks.  A Tesco’s employee describes how if they do a particular task in X minutes they receive a 100% score; if they do it twice as fast they receive a 200% score; but, if they took a break their score would plummet.  They might even be called on the carpet by “management” if their scores are too low.  I wouldn’t expect an Alternet contributor to be all that mindful of history, but the guy who really put the bite into employee productivity monitoring was not Henry Ford or Frederick Taylor [Aside: Taylor, who was admitted to Harvard but didn’t attend, became a shop-floor machinist after a lengthy apprenticeship.  I know it tarnishes Ganeva’s oppression meme to think that Taylor was just some suit who knew bugger all about the view from the other end of the scope, but there it is.].  No, the gentleman who — and in an actual, not metaphoric, prison setting, no less — hit upon the magic formula for increasing piecework rates was a worthy named Naftaly Frenkel.  There’s a picture of him in The GuLAG Archipelago, and Solzhenitsyn devotes an entire chapter to the workings of the differentiated ration.  If you made your “norm,” set by someone known in the camps as the “norm setter” and who was generally a trusty — for which read a career criminal, stool pigeon, or party functionary serving out a cushy term, but who in no event knew a damned thing about whatever industrial activity you were engaged in — you got a full ration.  If you didn’t, well, you got a smaller ration, which since the full ration didn’t contain the caloric content needed to sustain even ordinary levels of human physical activity that meant that you rapidly became unable to attain even that insufficient level of output, which meant that your ration got cut again.  And so forth until you became a “goner,” picking through the camp garbage looking for anything at all you still had the strength to chew and swallow.  It can’t be an accident that most of the camp survivor’s memoirs out there (or at least the ones I’ve come across; one of the few exceptions is Shalamov, at whose survival Solzhenitsyn marvels) all were written by people who for large portions of their “tenner” or their “quarter” managed to avoid “general labor,” which was where the differentiated ration system devised by Frenkel had its deadliest impact.

Not directly articulated in Ganeva’s argument, but easily discernible from the sinister presentation of technologies which make it impossible for co-workers to “cover for each other, by letting them punch in for tardy co-workers” (oh come on, Ms. Ganeva; why don’t you call things by their correct names, viz. “defraud the employer”?), is outrage that these technologies enable the employer to track the actions of specific employees.  It is one thing for management to realize that for whatever reason this one facility, or this one shift, just can’t quite seem to get the work turned around as well as its peers.  You can’t fire an entire shift, can you, without shutting down your facility.  About the only thing you can do is stand on the shift supervisor’s neck and fire him if you see no aggregate-level improvement.  But so long as the individual workers can “cover for each other” then ultimately the insistence of the employer on Doing The Job Better will be stymied.  But lo! if you can point to specific employees and document that it’s the same four guys who take 15 minutes to drive a pallet of cardboard waste to the compactor across a distance of 300 feet, or who spend seven minutes of every hour (that seven minutes is over 10% of the time you’re paying them for, by the way, which means that by paying 60 minutes’ wages for 53 minutes’ work your labor costs just went up by 13.2%) in this one corner of the facility for no apparent reason, which just happens not to be easily observable from any location where you’re likely to find a manager, or it’s the same three women who seem to need to go take a leak every 35 minutes . . . well, it’s pretty easy to figure out where the weak links are.  The dead-beats and the free riders cannot hide behind their more hard-working fellows, any more.

And that’s really the nub of Ganeva’s objection, when you get down to it.  The issue is the employer’s ability to insist on getting what it is paying for, and the inability to hide one’s own lack of efforts, or inefficient efforts, behind the diligence of others.  This is entirely in keeping with leftism’s approach to life in general.  You must cover for me.  If I make bad life choices you must bear the cost of them for me.  If I choose to develop a skill for which no one in particular has much use (like getting a degree in the various grievance studies), you must pay me as if I were actually useful to you.  For lefties it’s all about the collective, and these monitoring technologies are the antithesis of that frame of mind.

There’s a throwaway paragraph at the close of the article on how application of the same management practices to things like hospitals and the nurses (and increasingly, doctors as well) has a negative impact on the quality of service.  In point of fact she is entirely correct on this score.  On the other hand, if she thinks that it’s private employers only who transgress in this respect and that if only you could remove the capitalistic profit motive from the equation then all will be aright, she needs to pay attention to some other news coming from Britain, specifically its vaunted single-payer NHS.  Seems that quality of care isn’t terribly safe in governmental hands either, and for very similar reasons.

Utterly absent from Ganeva’s take on things is any examination of why employers might be interested in such things as these technologies allow them to monitor.  Let’s forget about piffling things like the liability limitation aspect of it (female employee accuses male co-worker of improprieties, and a quick check of the records indicates that the only time they were within fifty feet of each other the entire day in question there were six other people standing in their immediate vicinity and none of them claims to have seen or heard a thing).  Warehouses are very complex operations.  They’re not just your pantry writ enormous.  Juggling what comes in and where, the locations it’s stored, its storage location relative to the other things stored near it, the times it needs to be moved, and from what location to what other location, the times it leaves the warehouse, and at what times and in what order, are all matters of critical importance to supplying thousands of different items in exactly the right numbers, at the right times, and to the right places, when you’re trying to keep dozens if not hundreds of places across an entire country supplied at once.  Yes you can to some degree automate the process, but at some point you’re going to have to rely on your employees to get it right.  Knowing where they are, how long they take to get from Point A to Point B, where they have to stop in between points, and how long it takes them to accomplish whatever task is at hand is not a trivial issue.

Or let’s look at the call center employees cited by Ganeva.  They’re given a certain number of seconds between calls to process specific paperwork.  Seems pretty damned dictatorial, doesn’t it?  But against whom is this call center competing, and what are its competitors’ costs per call handled?  I’ll give you a hint:  If you run a call center in, say, Norman, Oklahoma your competitors are not in Hartford, Connecticut.  Oh, they may be in the same business as you, but your competitors are in Jalalabad, or Peshawar, or Singapore, or Costa Rica, or in fact pretty much anywhere at all these days.  Your only hopes for staying in business against them are (i) offering a level of service which they can’t match (such as having native English speakers available to talk to some 70 year-old woman in Rock Hill, South Carolina whose grandchildren just got her a smart phone with Skype installed so that she can talk to them while they’re forward-deployed to Iraq), and (ii) a fanatic attention paid to every last fraction of a second of every day, 24 hours a day, for which you’re paying people to service those calls.  That’s just reality, Ms. Ganeva, and unless you want to return to the days of Smoot-Hawley [I would encourage you, Ms. Ganeva, to read some of the histories about how that statute played out across the world, with particular attention paid to what it did to the economies of Central Europe, and specifically to the economy of Germany, in the period prior to January 30, 1933.  How many workers and peasants died in the fall-out from that?] there is nothing you can do to wish it away.  You cannot remove the pressures under which employers operate.  You just can’t, and you never will be able to.

Are these sorts of monitoring efforts pleasant to live under?  No.  Do they produce workplace stress?  Hell yes, they do.  But you know what produces even more stress?  Not being able to find a job at all and losing your home.  Is it pleasant for the employees’ children to have a parent who comes home emotionally drained from the knowledge that Big Boss has been peering with cyber-eyes over the shoulder for eight hours straight?  Absolutely not.  But what destroys children’s souls even more are the terrors of uncertainty.  Are mommy and daddy going to be able to pay this month’s rent?  Will we have to move again this year?  Will Johnny finally get to finish a school year in the same place he started it?  Those sorts of things are the fruits of economic instability.  What creates economic stability, to the extent it can be created at all, is the ability to control as much as possible of the universe within which the employer does business.  It can’t control its market, however, even though it may be able to influence it.  So it must necessarily focus its efforts on controlling what it can, to the extent it can. 

I’ll observe, by the way, that a good part of why companies at the present are sitting on in cases piles of cash is precisely uncertainty.  They don’t know what Dodd-Frank will do to their industries; they don’t know exactly how extortionately the “Affordable Care Act” is going to increase their cost of labor.  They don’t know which will be the next industry chosen for demonization by a one-trick-pony administration whose single trick is class-based demagoguery.  They don’t know who will be the next prominent company to be singled out by one of the most corrupt Justice Departments in memory to be litigated into oblivion for having failed to cooperate with the regime (multi-billion dollar suits against S&P, anyone, for having expressed an opinion five and six years ago?).  This administration is shot through with Maoists (one Dear Leader’s closest aides even allowed that her most admired hero was Mao), and so it’s not inappropriate to see in Eric Holder’s DOJ an application to lawfare of the Chinese maxim, “Kill the chicken; make the monkey watch.”

I’m done with Tana Ganeva.  Hers is the sort of thinking that will stand on the weather deck in a hurricane and piss and moan about the officer of the deck’s driving getting all this salt water on her skirts.  My inclination to that sort of complaining is to heave to, put her ass in a row boat, and see how she weathers the storm now.