Meritocracy and Hypocrisy

It is not a new word, but the frequency of “meritocracy” coming from the mouths and pens of conservatives has made it a trendy one. The richest of them has made it a catchphrase. Elon Musk: “It’s not like America’s been purely a meritocracy, but it has been more of a meritocracy than any other place. Which I regard as good.” Musk again: “America rose to a greatness over the past 150 years because it was a meritocracy more than anywhere else on Earth. I will fight to my last drop of blood to ensure that it remains that land of freedom and opportunity.”

Musk, who is not averse to hyperbole (Isn’t your ability to fight gone long before your last drop of blood oozes onto the Tesla leather?), surprisingly qualified his meritocratic statement about America. He concedes that this country has not been a pure meritocracy, only that it has rewarded merit more than any other place.

The United States has always had limits on meritocracy. In the first place, let us not confuse merit with opportunity and advantage. The rich have always had more opportunities than others. (If you got it, you get it.) Those born into rich families have always had more opportunities. (It is easier to score if you are born on third base.)  And, of course, opportunities have always been limited in this country by race, ethnicity, religion, locality, gender, and other factors. Perhaps there has been a meritocracy in a certain pool of Americans, but that pool has been restricted. At times, it has not included Irish, Swedes, Italians, Hispanics, Asians, Catholics, Jews, women, and, of course, Blacks. Put another way, meritocracy has often been confined in this country to white male Protestants.

Even when attempts at expanding that pool have been made, they have often been circumscribed. In the 1940s, for example, some department stores started for the first time hiring Black women for sales, but there were quotas. An executive of Lord & Taylor, which was a pioneer in hiring Blacks, told The Afro-American: “It seems to me that it is only fair that the person with the best qualifications should be hired, regardless of color . . . with limitations of course. [Emphasis added] It is only natural that we don’t want to flood our place with colored people, even if they all had the best qualifications.” (Quoted from Julie Satow, When Women Ran Fifth Avenue: Glamour and Power at the Dawn of American Fashion, 2024.)

A foundational American myth has been about meritocracy and the ability to get ahead through one’s own ability. As Dara Horn says in People Love Dead Jews: Reports from a Haunted Present (2021), the legend “is that it doesn’t matter who your parents are, or who their parents were, or where you came from—that what matters is what you do now with the opportunities this country presents to you, and this is what we call the American dream. The fact that this legend is largely untrue does not detract from its power; legends are not reports on reality but expressions of a culture’s value and aspirations.” How many qualified women for how many years were rejected by medical schools and law schools because, well, they were women?

In spite of our history of the limitations on opportunities, many conservatives are furthering the legend by pretending that our meritocracy has been undermined. And what has undermined it? DEI. Yep, Diversity, Equity, and Inclusion. As though seeking the meritorious from a diverse pool, or equalizing advantages and opportunities, or seeking to include an overlooked source of qualified people is the most egregious thing that a democratic country could do even though it would seem obvious that the larger the pool from which we seek to draw talent, the more likely we are to get the best.

Another enemy, they say, is “wokeness.” I guess it’s also egregious in a “meritocracy” to want to make sure that all types of people feel as though they are equal and welcome participants in the pool.

Let Elon Musk speak again, “DEI is just another word for racism. Shame on anyone who uses it.” To say that DEI is racist implies two things: 1) You don’t believe that the previously excluded races, ethnic groups, women, or religious groups require special attention in order to join the meritocracy pool, or 2) You think that anything that undermines the hegemony of white males is threatening.  Although the opposition to DEI may have many roots, most charitably it is based on the belief that diversity is the enemy of meritocracy. It assumes that the only way diversity is achieved is by allowing less qualified people of color or women (or other groups) to leapfrog over what are assumed to be more qualified white males. Even if that is sincerely believed, those with that belief should still want to expand the pool from which the meritorious are drawn. Doubt the sincerity of those who cry out for meritocracy unless they also seek broadly for the meritorious.

At another time, Musk maintained, “The point was not to replace DEI,…but rather to be a meritocratic society.” How are you to have a meritocracy if you do not actively encourage participation by all?

Pete Hegseth, Trump’s nominee for Secretary of Defense, says Trump has told him to “clean house of the woke crap. All that stuff. Climate stuff, the (Critical Race Theory), the DEI and genderism. Get rid of it.” Not clear how “Climate stuff” got in there, but it’s clear that Trump and his cohort are fed up with trying to break down the barriers that have prevented a true meritocracy to emerge.

A familiar pattern: If something goes wrong, and if anyone other than a white male is in charge, the pejorative cry of “diversity” is uttered again and again. The mayor of Los Angeles is a Black woman, and something definitely went wrong in Los Angeles recently. However, she did not attain her position as part of a DEI movement. She was not appointed by some person who thought it would be politically correct to have a black person (and woman as mayor. No. She was picked by the electorate, just as Trump was. But still conservatives talk about her as if she were part of a DEI or woke movement.

 If a white male had been in charge, his competence might be questioned, but we don’t point to the “old boys” network that might have put him there in the first place. And we only blame DEI if a non-conservative has done the appointment or hiring of a non-white male. If Pam Bondi turns out to be a less than a stellar attorney general, diversity will not be blamed. After all, a conservative president nominated her. (Fox News presents a lot of women as hosts and commentators. Aren’t they a product of diversity?)

The anti-diversity group, however, may proclaim that the country has been successful in the expansion of the meritocratic pool and that, sadly, the pool has been exhausted. Is that why they are advocating for the expansion of H-1b visas? It is certainly the case that having more of those visas is good for businesses of rich conservatives. Among other things, they can pay those workers less. However, if the barriers to success were truly overcome in the U.S., would we need to import workers from out of the country? Shouldn’t Making America Great Again mean making sure that all Americans in fact have the opportunity to attain merit? (Not all conservatives agree that we should expand the availability of H-1b. Laura Loomer, an ardent supporter of Trump, has said, “Our country was built by white Europeans, actually. Not third world invaders from India.”*)

There are things wrong with DEI and wokeness. It is fair to criticize these movements and policies, but a meritocratic society needs more than such criticisms. It requires plans and action to expand the pool from which we seek the meritorious. I have not seen that from conservatives, and without such expansion, it sure looks as if they want to see again a future dominated by white males.

Snippets

After the New Orleans New Year attack, Trump wrote that this confirmed that our country was unsafe because criminals were crossing the border. A Fox News host said that the country would soon be safer after Trump closed the border. Marjorie Taylor Greene suggested the same. This was said even though the terrorist, an Army veteran, was an American citizen born and raised and living in Texas. Perhaps what Trump and the others were really suggesting is that we close the border between Texas and the rest of the country. This might not make the United States safer, but it would make me feel better.

I was surprised that the New Orleans terrorist was flying an ISIS flag. Trump destroyed that organization in 2019. Or at least that is what he said.

The Washington, D.C., homicide rate, which increased while Trump was president, has been decreasing.

His death brings to mind some Jimmy Carter trivia as well as a story about his mother. This is drawn from Jonathan Alter, His Very Best: Jimmy Carter, A Life (2020). Because he was a veteran, Carter qualified for and lived in a new government housing complex shortly after leaving the Navy. He thus became the only president to have lived in public housing.

Carter is the last president not to have golfed while in office.

It was loudly proclaimed that the Carters did not lie. A reporter asked Jimmy’s mother about this, and Lillian Carter conceded that the family told white lies. When the reporter asked for an example, Miss Lillian replied, “Remember how when you walked in here, I told you how sweet and pretty you were?”

“Where all think alike, no one thinks very much.” Walter Lippman.

I had a dream I was in hell; I was trapped in a corner at an endless cocktail party by a birder.

Given our divided country, I like to recall the words of some political and historical observers: “Conservatives are but people who learned to love the new order forced upon them by radicals.” And: “Radicals: Those who advance and consolidate a position for the conservatives to advance a little later.”

Greenland Redux

The last time around, Trump showed a fascination with Greenland. He wanted to buy it. Well, not personally. Once again forgetting pledges on deficits, he wanted our tax dollars to pay for it. To me at least, it was never clear why. Now, as the countdown to his next term continues, he again indicates, without giving reasons, that we should own Greenland. Whether he is serious may depend on what Elon has to say, but Trump’s comments sent me back to a post of mine in 2019 about Greenland. I have reposted it below.

President Trump wants to buy Greenland. My first reaction: I was surprised that he would want to buy white people. But then I did some reading, and I learned that Greenland’s population is 88% Greenlandic Inuit, with 12% Danes and other Europeans. Maybe that eight-to-one ratio explains the acquisition mania.

On the other hand, I never thought that Trump would think desirable a place that does not have forests to decimate and is not dependent on coal or other fossil fuels. In what seems ironic, Greenland is one of the greenest places on the planet. According to one source, seventy percent of its power comes from renewable sources, mostly from hydropower. But perhaps this is an attraction for Trump. He can fulfill his promise to bring back jobs to the West Virginia coal fields by “ordering” the Greenlanders under some national security rationale to use coal. I can see the slogan as Trump supporters wear tee shirts proclaiming, “Make Greenland Sooty (Again).”

I wondered how Greenlanders have reacted to the proposed purchase by a world leader who does not believe in climate change. Greenland is ground zero for global warming. An ice sheet covers four-fifths of the island; it weighs so much that it has depressed the central part of the island making it almost a thousand feet below sea level. The glaciers have been experiencing increased run-offs contributing to the rise of sea levels. Does a lessened ice mass also mean that the land will rise?

Perhaps, however, the Greenlanders favor global warming. It would not be surprising. Greenland’s capital and largest city, with a population of more than 17,000 (Quick! What is it?), Nuuk, averages high temperatures below freezing for more than half the year. I assume, however, that the tourist agencies point out that the temperatures in July regularly reach a relatively balmy fifty degrees Fahrenheit. A few degrees warmer and perhaps the residents will be able to break out bikinis and speedos. During the summer, the sun rises at 3:00 A.M. and sets at midnight, so there is a lot of daylight for any unrestrained outdoor frivolity. Of course, during the winters, the sun is above the horizon for only four hours, but those long nights perhaps call out for other appropriate activities.  

If Trump does buy Greenland, you would think he ought to make at least one visit, even though that is unlikely since he does not own a hotel there and won’t be able to bill the American taxpayers for his stay. But perhaps those long nights appeal to him for all the dark hour tweets he can unleash. I may not have anticipated that Trump would float the purchase idea, but surely no one should have been startled that he showed the usual pique when those nasty Danish threw ice water on the idea. Canceling a scheduled trip to Denmark seems par for his course, but, of course, he does not own a golf course in Denmark and does not apparently have a way to bill us taxpayers and increase his revenues by a Copenhagen visit.

It was expected that conservative pundits would weigh in and maintain that Trump was again showing his genius. Too often the difference between these commentators and a rubber stamp is that the latter leaves an impression, but I was surprised that Trump-is-always-right sycophants have cited climate change—yes, climate change!–as a reason why the U.S. should purchase Greenland. An article on the Fox News website states, “But what makes Greenland particularly valuable to the United States is global warming. The unavoidable receding of Arctic sea ice will open a new sea route in the Arctic that can be used for both commercial and military vessels.” What especially struck me about this contention was the use of the term unavoidable. Global warming is happening, the writer to my surprise wrote, but his position is that it is inevitable. Increasing temperatures can’t be helped, apparently. I guess the writer believes that it is God’s will, so we should just go with it and seize opportunities. If we can keep the warming going and the ice diminishing and the seas rising, new sea routes will open allowing ships to go where they have not gone before. So, stop being so negative about climate change (which Trump says is not happening) and revel in new sea lanes.

What the writer did not make clear, however, is why the new ship routes, if they occur, mean that it is essential that we own Greenland. Aren’t there many sea lanes around the world important to us where we do not own the adjacent land? Why is this different?

This writer also said, as did others who find a way to support Trump after he makes a pronouncement no matter what it is, that Greenland has valuable minerals that should not fall into China’s hands. Why, then, don’t we try to buy the mineral rights? Indeed, those of us who believe in free enterprise and fair trade should expect American corporations to see the opportunity and seek to get all this valuable stuff. These Trump-is-amazing writers don’t explain this apparent failure of American capitalism. Where is their faith in free enterprise without government intervention? Isn’t that the point of cutting governmental regulations, which they support?

One of those in the Trump-is-brilliant camp is Arkansas Senator Tom Cotton. He recently published an op-ed piece in the New York Times. (Why is that when conservatives want to be taken as deep thinkers they so often publish in the “failing” Times? Mitch McConnell also placed an op-ed article with the “enemy of the people” the previous week. His piece was one about the importance of filibusters for our constitutional government glossing over that he had removed those all-important filibusters for Supreme Court nominees.) Cotton contended that the Greenlanders should welcome coming under American sovereignty. Denmark now subsidizes Greenland to the tune of at least $650 million dollars annually. America has more money than does the Danish government, so we can do even better for the Greenlanders, Cotton maintained. The Senator surprised me. He wants to commit to a new and expensive welfare program. He opposes entitlement programs for American citizens, but he wants to open the floodgates for those who are now foreigners. Is this the new conservatism? What do Cotton and the others feel about increased federal support for Puerto Rico? Or have I underestimated Trump? Were his remarks merely an opening salvo, and his real goal is to swap Puerto Rico for Greenland? The Art of the Deal may be more subtle than I ever thought.

I wonder, if in stating that America can increase governmental moneys in Greenland, whether Cotton has examined where the Danish subsidies go. Health care in Greenland is paid for by the government, and Danish subsidies support that. Cotton, who adamantly opposes the Affordable Care Act, expects America to expand single-payer medical services in the new possession. And here I thought that Trump supporters believed in America first!

Does Cotton realize that part of the healthcare in Greenland is for abortion on demand? Greenland now has one of the highest abortion rates in the world. In fact, abortions have exceeded live births in recent years. (Remember those long nights.) He supports the laws that prevent the federal government from paying anything for abortions in the United States no matter how poor the woman or how the pregnancy—think rape and incest–occurred, but Cotton wants to increase funding for this medical procedure in Greenland. (I am told that when residents of Greenland’s capital Nuuk do want a baby, they say, “Let’s have a little Nuukie.”) And perhaps Cotton should also examine how education is funded in Greenland.

Cotton is a hardliner about our immigration system, concerned that Mexicans and Central Americans are lured here by all the goodies they can get out of our government. Shouldn’t he and other conservatives then be concerned that when we increase the freebies to Greenlanders, illegal immigration will uncontrollably increase there as refugees see Greenland as a new land of welfare opportunity? Perhaps Cotton, who supports Trump’s border wall, is already planning to build a wall around Greenland to stop illegal immigration that he must think will inevitably occur. Perhaps Cotton ought to give at least an estimate as to how much federal money he thinks we will spend over there.

I also wonder if Cotton and the other Trump-is-marvelous crowd have thought about the status of those who would fall under American sovereignty. If we own Greenland, will we provide a path to American citizenship for those who live there, or will they automatically be citizens? Will they have an unfettered right to permanent residence in the United States? If so, how long does one have to be a Greenlander for that right? Puerto Ricans are American citizens and can come and go to the United States whenever they wish. Guam, which we own, is similar. Those born on Guam are American citizens who can move to the rest of America. (For reasons I don’t understand while Guamanians have birthright citizenship, those born in American Samoa do not.) If Greenland is to be treated like Guam, aren’t conservatives concerned that refugees will flock to Greenland and have ice-floe babies who will be American citizens who can freely emigrate to America? I am guessing that before conservatives grapple with such questions, they will have to ascertain whether Greenlanders lean Democratic or Republican. And perhaps even more important: Will there be a path to statehood for Greenland? Just because they have fewer than 60,000 people doesn’t mean they shouldn’t have two Senators and three electoral votes, just as long as they vote Republican.

We have acquired much territory through purchase in our history. As far as I know, we never sought to find out whether the people who already lived on those lands desired a new sovereign. In essence, they were treated like Russian serfs. You buy the land, you buy the people on the land. Should we who proclaim democracy and government of “we the people” continue such a feudal practice? Will there be some sort of plebiscite; will the leaders of Greenland be consulted? (I have no idea who the chief griot of Greenland is, but I am confident neither does our president.)

The Fox News writer points out, however, that we have bought lands before—including the Louisiana purchase, the Gadsden Purchase, Florida, and Alaska, and he concludes that Trump could simply buy Greenland. Hold on–it has never been that simple. We do have a Constitution, and the consent of Congress or the Senate has been necessary for those purchases. We may say that President Jefferson and Secretary of State Monroe made the Louisiana Purchase, but in fact Congress ratified and authorized the funds for it. The Gadsden Purchase and the acquisitions of Florida, Alaska, and other lands came via treaties together with the authorization of the funds from Congress. A treaty, of course, requires not just the consent of the Senate, but consent by a two-thirds majority of the Senate. Do you really think that is going to happen? Or does Trump have another trick up his sleeve that he will maintain justifies him in his mind to take unilateral action and do another end run around our Constitution—that document that conservatives proclaim to love so dearly?

The Assimilation of the Scum of Southern Europe

Stump speeches, social media, and ads by politicians announce without supporting evidence that countries including Venezuela and some in Africa are emptying their prisons and mental hospitals and sending the inmates over our southern border into the United States. Of course, rapists and other criminals, the same sources maintain, have been coming over that border for years. On the other hand, these migrants must not be full-time criminals because they take jobs away from Americans, especially “Black jobs.” And these border crashers fuel our fentanyl crisis.

This makes little sense. People don’t cross deserts and evade armed U.S. agents and circumvent walls to commit random rapes and murders, and I have not seen evidence that illegal aliens have come to rob banks or pursue the kinds of crimes done at the likes of Goldman Sachs. They have come as laborers expecting to do hard menial work. They hope to send money back to their families. They want to stay out of trouble so as not to be jailed or deported. Not surprisingly, study after study has concluded that the undocumented commit serious crimes at a lesser rate than American citizens and that documented aliens commit those crimes at a much lesser rate than our citizenry.

If the undocumented come to work, then it seems to follow that they must be taking jobs from Americans. On the other hand, the undocumented are not in a position to negotiate for higher pay or better working conditions, and it is often said that these immigrants do the jobs that Americans won’t take. Of course, if you believe in the law of supply and demand and free enterprise, Americans should take the jobs if pay and working conditions are improved sufficiently. At some price point–$25 per hour or perhaps $40 per hour–American citizens should be willing to pick lettuce, and perhaps even kale, slaughter chickens, plant bushes, and hang drywall. If all the undocumented are deported, as one presidential candidate vows, we will have to change our immigration laws to let workers back in legally or the costs of many goods and services will increase.

And “securing” the border is unlikely to significantly affect the flow of fentanyl into this country. Many people may successfully cross our southern border illegally, but many get stopped. If those apprehended had been carrying significant amounts of fentanyl, this information would have been trumpeted so loudly on Fox News and the New York Post that it would not have escaped our attention. And yet, the apprehension of those drug couriers has not made much news. Perhaps, just perhaps, that is because not much fentanyl enters the country that way. Imagine that you were importing fentanyl into this country. Would you have it come in via backpacks carried by those crossing the border illegally? The apprehension rate for the undocumented has gone from 50% ten years ago to 70% in 2021. In other words, the odds are strong that even if the carrier makes it to the border, the drugs will not make it into the country. And then, of course, you have to find a good way to offload those drugs from the mule, which can be an iffy business.

Meanwhile, many, many vehicles cross the southern border legally. Fentanyl does not take up much space. There are many ways to hide the drug in vehicles. And it is easy to arrange for delivery once the drug-laden car or truck or plane makes it into the U.S.

Border patrol officials maintain that 90% of the fentanyl that enters from Mexico comes in at legal crossings. Furthermore, most apprehended couriers are American citizens, which, of course, makes sense. If you were running the drug smuggling operation, wouldn’t you think that a Mexican or Honduran would be more likely stopped and searched at the border than an American citizen? “Securing” the border, if that means stopping illegal crossings, will do little to change our fentanyl crisis. And, of course, as long as there is a demand for the product, those laws of supply and demand mean someone will find a way to bring the opioid into the country.

If you continue to maintain that the “Biden/Harris border policies” are a major cause of the overdoses, consider this fact: The fentanyl deaths doubled during the Trump years, and the rate of increase since then has lessened. If Biden is to be blamed, then more blame should be heaped on his predecessor.

The widespread hysteria over undocumented immigrants, however, does not seem to be about all of the undocumented. We mostly fear those brown people who cross the southern border. There are many others, often of the lighter persuasions, who are living in this country without proper authorization. They have often come legally, as students or tourists, for example, and stayed in the United States instead of returning to their homeland at the proper time. I have met such people from Ukraine, Germany, Belgium, Poland, and, of course, Ireland. Aristide R. Zolberg, in his book, A Nation by Design: Immigration Policy in the Fashioning of America (2008), states that while the notion of “illegal immigrants” may evoke images of Mexicans and Central Americans, many Irish working in construction and child care—perhaps as many as 100,000—are here illegally. When we were looking for nannies to help with our newly-arrived child, we were advised to advertise in the Irish Echo, and to do so in such a way as to indicate we would not be asking to see a green card. Years later, I asked our contractor, who had assimilated so well as to lose almost all his brogue, when he came to the country. He gave a date. I smiled and jokingly asked, but when did you come legally? The spouse shouted that I couldn’t ask such a thing. Sean only smiled and gave a time several years later. (No matter how well you can sing “Come Out Ye Black and Tans” or know the music of The Pogues or praise Jimmy Ferguson, don’t go into a Bronx bar filled with ruddy faces and start talking about immigration or citizenship.)

However, whatever we do to secure our southern border and whatever we do to remove the undocumented from the country, we will continue to have “foreigners” among us. The classic Eleventh Edition of the Encyclopedia Brittanica of 1911 stated what is still a truism: “Migration in general may be described as a natural function of social development. It has taken place at all times and in the greatest variety of circumstances. It has been tribal, national, class and individual. Its causes have been political, economic, religious, or mere love of adventure.” As long as conditions are harsh in other lands and America beacons as a better place to live, some will find a way to enter this country. (For the history of our copy of the EB, see the posts of August 1 and 3, 2022, Rule Encyclopedia Brittanica—Eleventh Edition.)

And just as assuredly, a portion of our populace will see danger from this migration. If you have an Italian ancestor, or a friend or relative does, or perhaps if you just like pizza, pasta, or a latte (Italian, meaning you paid too much for the coffee)–that is, just about everyone–and you are concerned about immigration now, you should reflect on some of our history.

(concluded October 1)

Snippets

Whenever I watched the right wing “news” channel during Hunter Biden’s trial, I heard hosts and commentators state that this was a Delaware jury that, in essence, had been captured by the Bidens. The jury would “nullify” and acquit Hunter. This was said again and again, not as a possibility but as a certitude. When I watched Fox News after the verdict, I only heard that the evidence against the defendant was overwhelming and the verdict a slam dunk. I heard no one confess error for any previous statements.

“Think before you speak is criticism’s motto; speak before you think creation’s.” E.M. Forster.

Kristin Hannah’s bestselling The Women is a powerful novel. In 1965, Frankie serves as a nurse in the Vietnam War. She makes strong friendships but also experiences the horrors of battlefield wounds, napalm, and Agent Orange. She returns to a divided America where no one wants to hear about her military service. With no outlet to process what she has experienced, she suffers flashbacks and spirals out of control. And that made me think about one of my friendships. My closest high school friend served in Vietnam. In 1968 I took a road trip with him from Chicago to Georgia where he was going to report for duty to be sent to Vietnam. We did not talk about the correctness of the war. We knew that he was going; we knew that I opposed the war. That reticence continued after he returned when antiwar activities had increased. Although we have spent much time together over the years, we have never talked about his experiences in country. The Women made me realize that I have not been the friend I might have been.

“It isn’t the man who controls events but events that control the man.” David Diop, At Night All Blood is Black.

I don’t understand airport security. For example, why do I have to take a computer or iPad out of my carryon at one airport and not at another? And what’s the deal with shoes? TSA is a national agency, so why do the rules vary?

In one of those surveys, which I am sure is highly scientific, Finland ranked first with the highest percentage of happy people. It has been at the top for the last six or seven years. When I hear these results, I think of my friend who worked for Nokia. She liked the work except for her frequent trips to the headquarters in Finland.  It amused her, though, that Helsinki was the only place where she saw women with blonde roots.

I grew up in a small Wisconsin town, but I grew up hearing the roar of a lion. There was a zoo. It had Japanese macaques, which I liked watching, and other animals I don’t remember — except for Sadie the lion. She was kept in a small cage. Not regularly, but often enough, she roared, which was sufficiently loud to be heard at our house. It never sounded fierce, only lonely and sad.

 “Silence is a virtue in those who are deficient in understanding.” Dominique Bouhours.

O Sisters, My Sisters

I had not paid much attention to the brouhaha between the baseball team and the drag group until I heard members of a Fox News panel say that to re-invite the Sisters of Perpetual Indulgence to Dodgers Pride Night was an attack on Christianity and religion in general. Jews and Muslims, one Fox commentator said, should be concerned because if they were coming for the followers of Christ, they could be coming for you.

In the you-can’t-win department, the baseball organization had invited the Sisters to a Pride night at Dodgers stadium. That caused on outcry. Then the Dodgers disinvited them. That cause another outcry. Then the Sisters were re-invited causing yet another outcry, including the “outrage” I saw on Fox News. I had not paid much attention to any of this. It seemed like a minor, local thing. Sports organizations do all sorts of things at their stadiums, including making kids dizzy by spinning around a bat pinned to the ground by their foreheads, sausage races, and playing what once were considered radical songs. But count on politicians and conservative news outlets to escalate the trivial into what they hope will be tremendous controversy. Marco Rubio, far removed from Los Angeles and (I am guessing) ballparks in general, issued a press release about some of this.

I don’t think that the conservative concern was because, according to their rather staid website, the Sisters for over forty years “have devoted ourselves to community service, ministry and outreach to those on the edges, and to promoting human rights, respect for diversity and spiritual enlightenment.” Who could oppose that? On the other hand, in today’s world, there is apparently something subversive in the latter part of the Sisters’ mission statement where they proclaim that “we believe all people have a right to express their unique joy and beauty.”

The real concern, however, is that (again from their website) the “Sisters of Perpetual Indulgence are a leading-edge Order of queer and trans nuns. . . . We use humor and irreverent wit to expose the forces of bigotry, complacency and guilt that chain the human spirit.” Although I have never seen them, I am confident that what is irreverent to a group of trans and queer “nuns,” is offensive and outrageous to many.

As with many such controversies, the supposedly offending group may have been bolstered by the episode. The Sisters report that they met with the Dodgers organization which offered a full apology, which the nuns labeled sincere. The Sisters continued in their statement, “This affair has been an opportunity for learning with a silver lining. Our group has been strengthened, protected and uplifted to a position where we may now offer our message of hope and joy to far more people than before.” They thanked all those who spoke up for them and concluded with injunctions that I hope even Rubio, Brian Kilmeade, Harris Faulkner, and all archbishops could agree with: “May the games be blessed! /May the players be blessed!/May the fans be blessed!/May the beer and hot dogs flow forth in tasty abundance!”

You might think that such graciousness would charm anyone, but then you must not be an unthinking conservative. Instead, the Sisters have been labeled a threat to Christianity and religion in general. This criticism, however, conflates Catholicism with Christianity and religion in general, and it conflates mockery of the Catholic church for its political stances with an attack on religious beliefs. 

Trans and queer people posing as nuns may seem to mock the Catholic church, but I doubt that Presbyterians and Methodists feel mocked. Catholicism is being satirized but not all of Christianity. Most important, however, is understanding why the Sisters use their “irreverent wit” to mock the church. I doubt that the Sisters are truly concerned about Catholic beliefs on genuflection or transubstantiation. These doctrines do not affect society at large.

However, I am sure that the Sisters are concerned about the church’s stances on sexuality. The mockery might be more constrained if the church limited its injunctions on same-sex relationships and abortion to its own church members. The church, however, does not show such restraint. It does not confine itself to labeling homosexuality, contraception, and abortion as sins for Catholics. Instead, it has sought to prevent same-sex relationships, contraception, and abortion for everyone in society. It has sought to impose its religious views on you and me and everyone else. I have a right to oppose such policies. That doesn’t make me anti-Catholic. It makes me in favor of a government staying out of the private lives of me and others. The Sisters of Perpetual Indulgence may criticize these policies in a form different from others’ chosen methods, but they have every right to do so, and those who believe in American freedom should celebrate their ability to do so.

Simple Solutions to a Complex Crime Problem

My dinner companion asked me how I felt about crime in New York City, a topic that comes up more often these days not only among New Yorkers but also from others when they learn I live in Brooklyn. The question usually implies that New York crime is rampant, and the city is dangerously unsafe.

I want to reply, “Of course, crime is prevalent in New York; we have all these people working in the financial industries.” But, of course, that’s not the kind of crime they are talking about. They are speaking of the kinds of crimes that are committed on the streets that aren’t Wall Street.

When a non-New Yorker makes comments about the city’s crime, I assume I am talking with a person who watches a lot of Fox News, but I know that that is not true for my crime-commenting NYC friends, who certainly are not conservative. I ask my fellow residents whether they or family members or even acquaintances have been recent crime victims, and uniformly the answer has been no. I remember a time some years ago when that same question would have produced recitals of victimhood.

Even though untouched personally by crime, many of my friends know people or are among those people who won’t ride the subways because of perceived rampant crime. And this highlights some of the special relationship between crime and New Yorkers. I have friends who choose other means of transportation over the subway, but I also know people who will not enter the trains under any circumstances. Period. It’s true: if you ride the subways enough, you will see untoward things. True now. True always. Have the bad incidents increased dramatically? I don’t know but not in my personal experience. A friend who recently gave up the subways did it at a time that transit officials maintained that crime had not increased on the trains. But it was also at a time when local news outlets increasingly reported subway crimes. It certainly seemed that danger had increased on the trains, whether it had or not. Think, though. If you are or have been a commuter or an otherwise regular user of a car, how often during the last several months, did the news media report about a serious accident on your network of roads? How often did you witness or were told about a dangerous incident—a car suddenly cutting in front of another one to make an exit or weaving about or tailgating or driving too fast? My guess is that scary road incidents in Atlanta and Dallas and many other places far exceed the dangerous incidents on the New York subway. Someone can check this out for me, but I believe that more people are killed and hurt in car accidents in this country than they are in crimes. Few people, however, decide not to drive because of highway violence even though they are much more likely to die or be injured that way than a New Yorker is by a subway or street crime. I am not immune to these patterns. Like most of us, I am not good at assessing risk. Even though I intellectually know that if I die or am hurt violently, it is more likely to be on my drive to Pennsylvania than on the subway, the report of a subway crime makes me feel more vulnerable and concerned for my safety than seeing the remains of a car crash on Route 280.   

There is, of course, crime in New York City that causes concerns and perhaps it has increased recently, but statistics show that the New York crime rate is lower than in other major cities and much lower than it was a generation ago. However New Yorkers, regular Americans, and news media don’t talk about other cities as much as they do about New York. A lot of weird and bad things can, and perhaps generally do, happen each week in New York, but I wonder if we collected all the similar news from places with a comparable population, whether we would find nearly as many weird and frightening things. For example, if each week you heard all that kind of news from all parts of Wisconsin, would you feel that Wisconsin is a dangerous place to live? The local paper from my birthplace reported that there was a shooting this last week in Sheboygan, which contains a tiny fraction of the state’s population. How many similar violent episodes were there in the entire state, and how would that compare to New York? I saw a report recently that there had been two mass shootings this year in New York City (population 8.4 million). Bad, yes. However, Wisconsin (population 5.9 million) had six; Colorado (6.0 million) had five; and Louisiana (4.6 million) had nine. But because one of the mass shootings in New York occurred on a subway in Brooklyn, it got national coverage. Most mass shootings don’t even make more than the local news these days.

Even with these statistics, we don’t tend to ask whether Wisconsin is dangerous and crime ridden. We might ask that about specific places in the state, but the state covers too much territory to think about it in those terms. The Janesville resident is unlikely to be concerned about a shooting in Wausau or Rhinelander. It may be surprising to you that the homicide rate in Florida is higher than it is in New York. But Florida encompasses many more square miles than New York City, and so you are only concerned about the small area of the state in which you live or where you visit. Similarly, a robbery or even a killing in the East Tremont section of the Bronx does not affect me. I don’t believe I have ever been there, and I can’t see how the event can make my life more dangerous. However, it will make it into the New York crime statistics, and when I see that crime is increasing in the city, it can make me feel more apprehensive even when few, if any, of the crimes truly affect me.

(continued September 23)

Justice Blinded

          The Department of Justice overrode a sentencing recommendation by its frontline prosecutors. The defendant was the politically connected and presidential friend Roger Stone. The four prosecutors resigned from the case as a result.

          The Department of Justice (finally) said that it would not prosecute an FBI agent involved in the Russian investigation even though the president has asserted, without giving supporting evidence, that Andrew McCabe should be prosecuted.

          The Attorney General has appointed a special counsel for the confessed criminal and politically connected Michael Flynn, who is awaiting sentence. Reports indicate that other criminals who are connected to the president may be in line for preferential treatment.

          Attorney General William Barr claims that the president has never told him how to handle any case, and Barr has said that it is impossible for him to do his job when the president tweets about individual Department of Justice cases. This complaint comes as a shock since Barr may believe in one-person (probably one-man rule) at least as much as the president does.

          Trump in response tweets that he has not interfered but that he has the absolute right to order how criminal cases should be handled. He is the chief law enforcement officer, he pronounces.

          An open letter signed by almost two thousand former prosecutors and Department of Justice officials say that Barr should resign. Bill Barr has not.

          Swamp creatures are pardoned and set free. Others are pardoned whose supporters have connections with the president. And now we wait to see if the sentenced, frog-like Stone will be able to bound back to his bog without prison for his crimes against America. Ribbit. Ribbit.

          Just another week in the modern United States. It is hard to assess whether all this is a big deal or not because we have all become desensitized to Donald Trump and those around him.

          The events highlight, however, how imperfect our government is. It makes us realize that much of our sense of good government depends on norms that have been established over the decades and not on the Constitution itself. The Constitution does not prevent a president from breaking the norms of impartial justice that seem essential to a fair America and thus, does not prevent a president from moving us towards autocracy. And the events, rather predictably, also bring misleading or ignorant statements by kneejerk defenders of whatever the president does.

          More than a few “distinguished” commentators and hosts on Fox News say that William Barr must follow the president’s directions “because the Attorney General works for the president.” Another objecting to a headline from a news organization said that “Bill Barr can’t ‘intervene’ in a Department of Justice matter because the prosecutors work for the Attorney General.” Such statements, both wrong about who employs Justice Department officials, indicate how far along the path of the cult of personality we have traveled.

          Our federal government is complicated, but one thing is clear: Our chief executive is not the equivalent of the chief executive of a family business. An Attorney General and other federal officials do not work for the president. He does not pay them, and no one in the government openly pledges fealty to the president. To take office, an attorney general and other federal officials must vow: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office. So help me God.”

          The Attorney General is supposed to work for all of us (we do pay his salary after all), not for the president alone. The lines of authority, however, are muddled. The president does have a power akin to an employer; he can remove an attorney general. Furthermore, since the president has been given the constitutional duty to “take Care the Laws be faithfully executed. . . .” he can set the priorities and policies for the Department of Justice and the Attorney General. There has been an established norm that a president should not dictate how a particular case must be handled, but the president has the constitutional authority to break that norm. Of course, if what is commanded is unconstitutional, the AG cannot–consistent with the oath of office–carry out the command, but if the directive is only unwise, the AG can be expected to be removed if she does not comply with the presidential wishes.

          The president can then seek a new attorney general, but that also is complicated. The Constitution does not give the president the power to appoint any Attorney General he wants. Instead, it says that the president “shall nominate” candidates to be federal officials, but the Constitution goes on to say, “and by and with the Advice and Consent of the Senate, shall appoint” the Attorney General and other federal officials. The appointment power is a joint one of the president and the Senate. The Constitution does not constrain the Senate in how it should use its power. It is only a norm or a convention that the Senate gives great deference to the presidential nominations. Nevertheless, the Senate has the right, for any reason it finds sufficient, to reject a particular person as Attorney General.

(Concluded February 24)

The Anti-American Fox News Commentator

Steve Hilton was on Fox News last Sunday. I watched for a bit. I find that watching anyone on Fox tends to tell me what others on that network are saying (independent minds seem to be rare there) and what other conservatives, in and out of government, are also saying. A little Fox-watching does double and triple duty. But I found it hard to gauge the worth of Hilton’s  ideas because he couched them in rhetoric that was ignorant and disturbing.

Hilton contended that those who were opposing actions by the president were “anti-democratic.” He went on to contend that Trump’s trade proposals, border security including a wall, and Trump’s foreign policies had been “explicitly” chosen by America and Americans in the last presidential election. He went on to suggest that those who opposed such policies were trying to subvert the rule of law.

It is safe to say that Americans did vote for these positions. But it is also safe to say Americans voted against them. Our presidential elections are not unanimous. However, it is not right to say that America voted for them. Trump was duly elected and is our president, but he was not democratically elected unless we are changing the meaning of “democratic.” In a democracy, the most votes win. Trump did not get a majority of the electorate. He did not even get the most votes. He was duly elected because we do not have democratic presidential elections, and since a democratic process did not choose him, it can’t be anti-democratic to oppose his policies. If Hilton is really serious about democracy, perhaps he should have concluded that it is democratic to side with the majority of the voters who did not vote for the president.

Even the minority of Americans who voted for Trump probably did not vote “explicitly” for all his policies. For example, some probably voted for him because of a promise to cut corporate tax rates but did not support his trade policies. Many may have voted for him because of a promise to repeal and replace the Affordable Care Act with something better but did not care about a Mexican-financed border wall. And so on.

It is also hard to say that an American explicitly voted for his policies when Trump’s promises shift. Hilton did not mention that if “America” voted for a wall, it also can be said that it voted for a wall paid for by Mexico. Did America vote for a “beautiful concrete” barrier, or also something less substantial and much like what had previously been erected and met with derision from Trump?

But even if Trump had gotten the support of a majority, it is demagogic to suggest that those opposing him are somehow against the rule of law. We do not live in a country where citizens are required to march in line behind the president. Our rule of law gives Americans the right to speak out and, [gasp,] oppose the president. Americans have done that from the time of George Washington until today. Even though Obama got voting majorities, many on Fox and other conservatives opposed and blocked his policies. Part of the reason this can be considered a free country is that we are not required to support a duly-elected president’s policies. As long as we use lawful methods, we have the right to try to defeat or prevent a president’s policies.

Hilton’s comments also ignore that while the president is not democratically elected, Representatives and Senators are. Unlike the president, a Representative and a Senator must get the most votes to be elected, and in our system, no one in Congress owes their first fealty to the president. They aren’t selected by the president, but by their constituents, and those constituents may have “explicitly” voted for a Senator or a Representative because there were promises to oppose presidential policies. These congresspeople, we could say, would be acting anti-democratically if they did not follow through on their pledges. (As I have written before, while each Senator is democratically elected, the Senate as a whole is not a democratic body. The people are not truly represented in the Senate; states are, and a distinct minority of the American people choose the majority in the Senate. (See https://ameliasdad.blog/?s=%22We%2C+the+People%22.) While Hilton seemed to be suggesting that opposition to presidential policies, or at least the policies of this president, was anti-American, that suggestion itself is anti-American.

And, of course, it seems more than a bit ludicrous to label as anti-democratic opposition to presidential policies when those policies often flip-flop. As Hilton adamantly maintained that Americans in the 2016 election supported the immediate removal of troops from Syria as Trump had announced but a few days earlier, Trump appointee (and the person who before Trump came along vied for the position as the scariest person in government) John Bolton was announcing that Trump’s unconditional position was not really the administration’s position. Then to make the president’s position even fuzzier, Trump asserted that he had never said that he was going to order an immediate removal of American troops from Syria. (As Warner Wolf, the sports reporter, used to say, “Let’s go to the videotape.”)

This all made me wonder about Hilton’s position. If I opposed Trump’s earlier position for the immediate removal of troops, was I being anti-democratic because Trump’s had pledged that withdrawal during his successful campaign? If America had explicitly chosen the immediate troops-out position, was Trump being anti-democratic by then announcing a different policy? If I were supporting the rule of law by supporting Trump’s first position, was I now un-American by opposing his new position?  And what should I conclude about Trump changing his positions?

I am not suggesting that Trump’s policies should be opposed because he was not democratically elected. Our president is never democratically elected. I am suggesting, however, that his policies should not be supported simply because he was elected under our strange electoral system and that opposing his policies is not anti-democratic or against the rule of law. To voice one’s opinion in support or in opposition and to act lawfully on that opinion is American.