Rick Lazio has always had boyish good looks and a charming personality. I discovered this working with him on the World War II legislation—the Wartime Violation of Italian American Civil Liberties Act—of which he was the co-sponsor, and which was signed into Public Law 106-451 on November 7, 2000. Lazio was able to work with Democrat Eliot Engel and others in the House of Representatives, and, as a Republican, seems to have had some influence with then-Judiciary Committee Chairman, Henry Hyde, in granting the Una Storia Segreta project the critical Judiciary hearings that ensured the bill’s passage. For all this I was and am grateful, as is the entire Italian American community.
Recently, however, in his attempt to become New York State’s governor, another side of Rick Lazio has come to the fore, and it is neither handsome nor charming. Though he seems to have repudiated the Tea Party in his state (partly, at least, because his primary opponent, Carl Paladino, has become their darling of the moment), Lazio has concluded that the silly flap over the building of an Islamic Cultural Center near Ground Zero can be a winning issue for him, and, despite vigorous criticism from all sides, is milking it for all it’s worth. Some have accused Lazio of being so desperate for campaign funds that he has sunk to this level to raise money. Whether or not this is true, his words and his position in this controversy make clear that Lazio’s moral compass can easily go missing when he senses an opportunity. In this, of course, he has ample company—including most of the Republican Party and a large number of Democrats as well.
To briefly review the controversy: plans to build a 13-story Islamic Cultural Center once known as Cordoba House, now known as Park51, two blocks from Ground Zero, were recently approved by the New York State landmark preservation board. Tea Party activists including Sarah Palin, have raised hell about this “insult” to the memory of 9/11 victims and the alleged sacrilege to what is called “hallowed ground.” Notwithstanding the fact that the structure is the brainchild of Imam Faisel Abdul Rauf—a man so associated with bridge-building among faiths that he was chosen as an ambassador without portfolio to help the Bush Administration reach out to Muslim nations and promote the American image abroad—and notwithstanding the Constitution’s guarantee of religious freedom, the project is being compared to planting a Nazi sign at Auschwitz, or building “a memorial to kamikaze pilots next to the USS Arizona in Pearl Harbor.” (this last from Carl Paladino, Lazio’s opponent in the Republican primary.)
Incredibly, Lazio has taken the accusations several steps further. Claiming that his objection is not religious (President Obama has stated publicly that religious freedom guarantees Muslims the same rights to build a center as anyone else), but involves only a plea for “transparency,” Lazio has raised the issue of “safety and security.” He has therefore attacked his expected opponent and current Attorney General of New York, Democrat Andrew Cuomo, for failing to investigate the “books” of the project to find out who is funding it. This call for transparency is clearly shorthand for raising the issue of terrorism—a barely veiled warning that mosques should be suspected as fronts for terrorist groups bent on harming New Yorkers. Here is how he framed it in an appearance on the PBS News Hour on August 16:
“What I’ve been calling for is transparency. There’s a certain defiance about the need to put it right there…This Cordoba initiative has $18,000. right now for a $100 million mosque…Where is this money coming from? Who’s behind this?....Let’s open the books, let’s find out where it’s coming from, whether it’s a foreign government or militant organizations that are funding this. The question here is whether or not we should feel safe, this is about safety and security…This is about what’s right, what’s ethical, what’s decent, what’s fair, and from a standpoint of safety…”
Thus, where most criticism of the Islamic Center project focused on its alleged insult to the memory of the dead, Lazio, though he refers to “what’s ethical, what’s decent, what’s fair,” has abandoned ethics, decency and fairness to foreground the element of fear: is this project funded by the same terrorists who funded 9/11?
As if to amplify his verbal raising of the fear factor, Lazio has recently released a two-minute video described as “a collage of various opinions from people filmed near Ground Zero,” featuring “images taken on September 11, 2001 depicting firefighters running into the debris of the former World Trade Center Towers.” So outrageous is this ad that it has incited criticisms from the very people Lazio was trying to associate himself with. According to an August 20 NBC.com report, both the NY Fire Department and the Police Department have demanded the video’s removal:
“The Uniformed Fire Officers Association and the NYPD’s Sergeants Benevolent Association has sent Lazio letters denouncing the use of the 9/11 footage. ‘We have always been opposed to the use of images from the attack on the World Trade Center in political advertising. Virtually every candidate for public office has honored that sentiment to date. So it was with a mix of surprise and disappointment to see your new video that seeks to capture the attention of the viewer with graphic images of Ground Zero that day,’ read a letter signed by UFOA President Alexander Hagan. ‘For someone whose argument against the mosque is that it is insensitive to those who lost loved ones on that day, it is unconscionable that he would display similar insensitivity by evoking these painful memories for his own political purposes,’ wrote SBA President Edward Mullins.”
Whether Rick Lazio can summon the courage to come in from the moral desert he’s placed himself in remains to be seen. Given the national attention his stance has garnered for him, though, and given the Tea Party competition from his rival Paladino, such an attack of conscience doesn’t appear likely. Rather, in this year when the twin specters of racism and McCarthyism seem to have risen from what we hoped was their grave, we can probably expect more of the same, if not worse. And though the politics are sad, sadder still is what is likely to result from all this—the conviction among Muslims worldwide that our so-called war on terror is really a war on them.
Lawrence DiStasi
Friday, August 20, 2010
Friday, August 13, 2010
Is Democracy Possible?
No one needs to be reminded that we’ve all just been through some pretty depressing times. The economy nearly collapsed and remains anemic, BP pretty much trashed the Gulf of Mexico with its oil eruption, the health care “reformers” couldn’t even squeeze a public option into their pathetic bill, and the promised legislation to begin to bring greenhouse gases under control was just abandoned because of a lack of votes in the Senate. Barack Obama, hailed into office with so much fanfare and hope (at least from progressives) seems shell-shocked at best, and ineffectual at worst. Hounded on the right by Tea Party idiots who call him both a socialist and a Nazi, and criticized on the left by his own supporters as disinclined to fight for his beliefs, his poll numbers have plummeted so rapidly since the BP spill that some of the Democrats running for Congress have warned him to stay away from their districts. As to the congressional and gubernatorial races coming this Fall, most seem headed for disaster, with Republican yahoos threatening to take over one or both houses of Congress—a result that would doom any prospects for reasonable legislation and perhaps result in repealing the few decent items already passed (like health care).
To counteract their catastrophe, the Democrats are doing their usual dance—kowtowing to conservative ideas and slogans, and courting the banks and corporations which brought the country to its knees. With their need for campaign cash as primary, such so-called “representatives of the people” make ever clearer that they represent not you and me, but the biggest, dirtiest, most ruthless elements in the nation: Wall Street operators, corporate crooks, energy barons, health care frauds, and the military-industrial complex which profits from war and terror.
In short, though we all like to think that we the people control our government because we get to vote every two or four years, the sad truth is that our control is illusory, a con game meant to pacify the masses while the same old robber barons and insiders get to set the agenda, invent the terms of debate, and offer up the candidates (in recent years, bypassing the back rooms and seeking elective office themselves—i.e. Michael Bloomberg in New York, Meg Whitman and Carly Fiorina running for governor and senator in California). And in the few instances where their control fails, they hire armies of lobbyists to hamstring any legislation that might threaten their profits, their incomes, their mandarin lifestyle.
The question this raises is the one in my title: Is Democracy Possible? Or more pertinently, is democracy doomed?
I’m not sure I can answer this question (surprises are always possible), but a recent documentary raises some fascinating alternatives. That’s why I’m suggesting here that you take a look at what average people in several other parts of the world are doing. The basic idea is simple: since those who represent/rule us are captives of the moneyed interests who brought the whole system to its knees, and since our so-called leaders could think of nothing to do but to rescue these same criminals and try to restore the very system of organized thievery that failed, the people themselves are obliged to find other ways. Other ways to survive. Other ways to come together as a society of human beings. Other ways to barter and bargain and aid each other without the mediation—and rapacious profit-taking—of the banks and corporations who care nothing for people or the planet they’re daily trashing but only for their precious bottom line. Other ways; because if the bigs can’t or won’t do it—and they’ve made crystal clear that they will fight tooth and nail not to—it makes no sense to wait until they sink the whole ship; the change has to come from the bottom up.
So here’s the url for the documentary. It comes from the web site, solari.com, of Katherine Austin Fitts, a longtime economist and U.S. government official who’s talking some of the most radical economics around. Take a look. I did, and though I’m not yet sure how or if it can apply to me or my community, just the fact that ordinary people are thinking and acting in these ways—opting out of the nefarious system that has us all bound and gagged, and implementing amazing alternatives—made my day. The website:
http://solari.com/blog/?p=8543
Lawrence DiStasi
To counteract their catastrophe, the Democrats are doing their usual dance—kowtowing to conservative ideas and slogans, and courting the banks and corporations which brought the country to its knees. With their need for campaign cash as primary, such so-called “representatives of the people” make ever clearer that they represent not you and me, but the biggest, dirtiest, most ruthless elements in the nation: Wall Street operators, corporate crooks, energy barons, health care frauds, and the military-industrial complex which profits from war and terror.
In short, though we all like to think that we the people control our government because we get to vote every two or four years, the sad truth is that our control is illusory, a con game meant to pacify the masses while the same old robber barons and insiders get to set the agenda, invent the terms of debate, and offer up the candidates (in recent years, bypassing the back rooms and seeking elective office themselves—i.e. Michael Bloomberg in New York, Meg Whitman and Carly Fiorina running for governor and senator in California). And in the few instances where their control fails, they hire armies of lobbyists to hamstring any legislation that might threaten their profits, their incomes, their mandarin lifestyle.
The question this raises is the one in my title: Is Democracy Possible? Or more pertinently, is democracy doomed?
I’m not sure I can answer this question (surprises are always possible), but a recent documentary raises some fascinating alternatives. That’s why I’m suggesting here that you take a look at what average people in several other parts of the world are doing. The basic idea is simple: since those who represent/rule us are captives of the moneyed interests who brought the whole system to its knees, and since our so-called leaders could think of nothing to do but to rescue these same criminals and try to restore the very system of organized thievery that failed, the people themselves are obliged to find other ways. Other ways to survive. Other ways to come together as a society of human beings. Other ways to barter and bargain and aid each other without the mediation—and rapacious profit-taking—of the banks and corporations who care nothing for people or the planet they’re daily trashing but only for their precious bottom line. Other ways; because if the bigs can’t or won’t do it—and they’ve made crystal clear that they will fight tooth and nail not to—it makes no sense to wait until they sink the whole ship; the change has to come from the bottom up.
So here’s the url for the documentary. It comes from the web site, solari.com, of Katherine Austin Fitts, a longtime economist and U.S. government official who’s talking some of the most radical economics around. Take a look. I did, and though I’m not yet sure how or if it can apply to me or my community, just the fact that ordinary people are thinking and acting in these ways—opting out of the nefarious system that has us all bound and gagged, and implementing amazing alternatives—made my day. The website:
http://solari.com/blog/?p=8543
Lawrence DiStasi
Sunday, August 8, 2010
Shallower and Shallower
Nicholas Carr’s 2010 book, The Shallows: What the Internet is Doing to Our Brains, is must reading for anyone interested in the major transformation ignited by the rise of computers and the Internet in recent years—that is, if there are still people who can concentrate enough to read a full-length book. That’s the idea Carr is promoting, with statistics like these about reading (and “printed works” include books, newspapers, magazines, etc.):
"By 2008, according to the U.S. Bureau of Labor Statistics, the time that the average American over the age of fourteen devoted to reading printed works had fallen to 143 minutes a week, a drop of 11% since 2004. Young adults between 25 and 34, among the most avid Net users, were reading printed works for a total of just 49 minutes a week in 2008, down 29% from 2004." (p. 87)
And therein lies Carr’s major point: where the Gutenberg revolution (which around 1439 mechanized printing and made books possible for everyone) changed human brains by making them able to focus for long periods on a single subject (a book, a long article) and plumb its meaning, computers and the Internet are changing brains in the opposite direction. They are inducing brains to jump from one item to another, to become addicted to multiple messages and hyperlinks, email alerts, moving, flashing ads, and countless other media devices in such a way that even Carr, a book writer, confesses that he finds it difficult to concentrate in the old way. In short, says Carr, Marshall McLuhan was absolutely right when he wrote nearly forty years ago about television that “the medium is the message.” That is, the way we absorb material via our computers and the Internet is not neutral; the medium changes our brains, or more precisely, our brains, due to their astonishing neural plasticity, adapt to the electronic medium, and even merge with it: “we program our computers, and thereafter they program us.”
Though some of the science of brain plasticity Carr references is complex—involving the way our eyes convert symbols into meaning or the brain areas where the various functions of perceiving and interpreting occur at split-second intervals—the basic idea is simple to grasp because we are all familiar with it: “Whenever we turn on our computer, we are plunged into an ‘ecosystem of interruption technologies.’” One of the main technologies for this interruption or distraction mode is the hyperlink—those typed portions in blue which signal that by clicking on one, you are immediately transported to an expansion (often the original article) of the point being made. Whether or not we click on the hyperlink, our brain is distracted, even if only to the extent of deciding whether or not to follow the link. Thus, as Carr notes, unlike a footnote, which can be ignored or saved for later (and only provides a reference), a hyperlink actually “propels us toward” the related material; it “encourage(s) us to dip in and out of a series of texts rather than devote sustained attention to any one of them.” Rather than the linear, calm attentiveness fostered by reading a book, that is, reading online encourages us to jump around, to pursue one after another distraction. If this makes you think of TV commercials—which every parent notices absolutely transfix children with their colorful, high-volume quick cuts and false excitement—that is no accident. The idea is essentially the same: provide the brain with the hyped-up perceptual stimulation it automatically responds to, and you get “mindless consumers” of data. Carr refers to the Net as a “high-speed system for delivering responses and rewards,” thus turning us metaphorically into “lab rats constantly pressing levers to get tiny pellets of social or intellectual nourishment.” We go to our email, we go to our facebook page, we go to our news page or favorite website for constant updates about “what’s happening.”
The problem is that the type of intellectual activity this hyped-up perception fosters is not concentration or depth, but superficiality: “when we go online, we enter an environment that promotes cursory reading, hurried and distracted thinking, and superficial learning.” Our thoughts are scattered and our attention distracted. Rather than reading deeply in a way that promotes reflection or meditation, we become pursuers of endless data. Carr explains how the brain’s structure and architecture facilitate this, explaining recent research in memory formation and the two types of memory involved—short-term and long-term—and the brain changes that are involved in both. It makes for fascinating reading. For our purposes, it is only necessary to understand that short-term or working memory (what we remember for a few moments as we perceive it) can be overloaded, and that is precisely what happens in the “cognitive overload” that can result from Net activity:
"When the load exceeds our mind’s ability to store and process the information, we’re unable to retain the information or to draw connections with the information already stored in our long-term memory. We can’t translate the new information into schemas. Our ability to learn suffers and our understanding remains shallow." (p. 125)
Carr cites several areas of research leading to the same conclusions: people who read linear text “comprehend more, remember more, and learn more than those who read text peppered with links.” This is reinforced by studies showing that people on the Net spend an average of 19 to 27 seconds looking at a page before switching to a new one. That clearly does not encourage concentration or thinking, and a related study showed that, for over a hundred well-educated people, reading habits over the last 10 years for most had changed from in-depth reading to “browsing and scanning.” This is precisely what the Internet encourages. When we consider the rise of technologies like the Kindle and Apple’s I-Pad, where thousands of books are readable on a screen—with hyperlinks everywhere—and the Google Book project which has already scanned millions of books that are available for reading online, it is clear that reading from a physical book is well on its way to becoming an anachronism. Indeed, one of the more bizarre situations that Carr relates is the phenomenon of cell-phone novels that started in Japan in 2001, when young Japanese women “began composing stories on their mobile phones by texting.” They then uploaded them to a website, where others commented on them, added new ideas, and created the group novel, several of which became best sellers. One of the reasons for their popularity is their simple love plots and short sentences; one novelist named Rin explained that readers no longer like novels written by professional writers because their sentences seem “intentionally wordy” and the stories “unfamiliar.”
What this augurs for our future is anyone’s guess. Judging by the many studies Carr cites, the prospects are not good. As brain researcher Antonio Damasio notes about a study his lab performed, neural processes that relate to the “higher emotions” such as empathy and compassion are “inherently slow.” His study showed that though the brain reacts quickly to “demonstrations of physical pain,” more sophisticated processes of empathizing with suffering respond far more slowly, because of the time it takes for the brain “to transcend the immediate involvement of the body” and comprehend the “psychological and moral dimensions.” This could mean that the speed and distraction encouraged by the Internet (and everything else in our high-speed world) may well be eroding the uniquely human ability to respond deeply to others via those empathic moral responses that require “adequate time for reflection.” That would truly be a tragedy.
Lawrence DiStasi
"By 2008, according to the U.S. Bureau of Labor Statistics, the time that the average American over the age of fourteen devoted to reading printed works had fallen to 143 minutes a week, a drop of 11% since 2004. Young adults between 25 and 34, among the most avid Net users, were reading printed works for a total of just 49 minutes a week in 2008, down 29% from 2004." (p. 87)
And therein lies Carr’s major point: where the Gutenberg revolution (which around 1439 mechanized printing and made books possible for everyone) changed human brains by making them able to focus for long periods on a single subject (a book, a long article) and plumb its meaning, computers and the Internet are changing brains in the opposite direction. They are inducing brains to jump from one item to another, to become addicted to multiple messages and hyperlinks, email alerts, moving, flashing ads, and countless other media devices in such a way that even Carr, a book writer, confesses that he finds it difficult to concentrate in the old way. In short, says Carr, Marshall McLuhan was absolutely right when he wrote nearly forty years ago about television that “the medium is the message.” That is, the way we absorb material via our computers and the Internet is not neutral; the medium changes our brains, or more precisely, our brains, due to their astonishing neural plasticity, adapt to the electronic medium, and even merge with it: “we program our computers, and thereafter they program us.”
Though some of the science of brain plasticity Carr references is complex—involving the way our eyes convert symbols into meaning or the brain areas where the various functions of perceiving and interpreting occur at split-second intervals—the basic idea is simple to grasp because we are all familiar with it: “Whenever we turn on our computer, we are plunged into an ‘ecosystem of interruption technologies.’” One of the main technologies for this interruption or distraction mode is the hyperlink—those typed portions in blue which signal that by clicking on one, you are immediately transported to an expansion (often the original article) of the point being made. Whether or not we click on the hyperlink, our brain is distracted, even if only to the extent of deciding whether or not to follow the link. Thus, as Carr notes, unlike a footnote, which can be ignored or saved for later (and only provides a reference), a hyperlink actually “propels us toward” the related material; it “encourage(s) us to dip in and out of a series of texts rather than devote sustained attention to any one of them.” Rather than the linear, calm attentiveness fostered by reading a book, that is, reading online encourages us to jump around, to pursue one after another distraction. If this makes you think of TV commercials—which every parent notices absolutely transfix children with their colorful, high-volume quick cuts and false excitement—that is no accident. The idea is essentially the same: provide the brain with the hyped-up perceptual stimulation it automatically responds to, and you get “mindless consumers” of data. Carr refers to the Net as a “high-speed system for delivering responses and rewards,” thus turning us metaphorically into “lab rats constantly pressing levers to get tiny pellets of social or intellectual nourishment.” We go to our email, we go to our facebook page, we go to our news page or favorite website for constant updates about “what’s happening.”
The problem is that the type of intellectual activity this hyped-up perception fosters is not concentration or depth, but superficiality: “when we go online, we enter an environment that promotes cursory reading, hurried and distracted thinking, and superficial learning.” Our thoughts are scattered and our attention distracted. Rather than reading deeply in a way that promotes reflection or meditation, we become pursuers of endless data. Carr explains how the brain’s structure and architecture facilitate this, explaining recent research in memory formation and the two types of memory involved—short-term and long-term—and the brain changes that are involved in both. It makes for fascinating reading. For our purposes, it is only necessary to understand that short-term or working memory (what we remember for a few moments as we perceive it) can be overloaded, and that is precisely what happens in the “cognitive overload” that can result from Net activity:
"When the load exceeds our mind’s ability to store and process the information, we’re unable to retain the information or to draw connections with the information already stored in our long-term memory. We can’t translate the new information into schemas. Our ability to learn suffers and our understanding remains shallow." (p. 125)
Carr cites several areas of research leading to the same conclusions: people who read linear text “comprehend more, remember more, and learn more than those who read text peppered with links.” This is reinforced by studies showing that people on the Net spend an average of 19 to 27 seconds looking at a page before switching to a new one. That clearly does not encourage concentration or thinking, and a related study showed that, for over a hundred well-educated people, reading habits over the last 10 years for most had changed from in-depth reading to “browsing and scanning.” This is precisely what the Internet encourages. When we consider the rise of technologies like the Kindle and Apple’s I-Pad, where thousands of books are readable on a screen—with hyperlinks everywhere—and the Google Book project which has already scanned millions of books that are available for reading online, it is clear that reading from a physical book is well on its way to becoming an anachronism. Indeed, one of the more bizarre situations that Carr relates is the phenomenon of cell-phone novels that started in Japan in 2001, when young Japanese women “began composing stories on their mobile phones by texting.” They then uploaded them to a website, where others commented on them, added new ideas, and created the group novel, several of which became best sellers. One of the reasons for their popularity is their simple love plots and short sentences; one novelist named Rin explained that readers no longer like novels written by professional writers because their sentences seem “intentionally wordy” and the stories “unfamiliar.”
What this augurs for our future is anyone’s guess. Judging by the many studies Carr cites, the prospects are not good. As brain researcher Antonio Damasio notes about a study his lab performed, neural processes that relate to the “higher emotions” such as empathy and compassion are “inherently slow.” His study showed that though the brain reacts quickly to “demonstrations of physical pain,” more sophisticated processes of empathizing with suffering respond far more slowly, because of the time it takes for the brain “to transcend the immediate involvement of the body” and comprehend the “psychological and moral dimensions.” This could mean that the speed and distraction encouraged by the Internet (and everything else in our high-speed world) may well be eroding the uniquely human ability to respond deeply to others via those empathic moral responses that require “adequate time for reflection.” That would truly be a tragedy.
Lawrence DiStasi
Monday, August 2, 2010
Class Warfare
In case you were wondering where all the money went and why the economy is still in the doldrums, here are a couple of clues. “The 500 largest non-financial companies are sitting on $1.8 trillion in uninvested cash.” That’s a stat from Fareed Zakaria in Newsweek, quoted by Paul Buchheit in 7/22 CommonDreams.org. The piece goes on to note that whereas the Republicans blame big government’s lavish spending on the poor, the truth is quite a different story: IRS figures report that “the richest 1% have TRIPLED their cut of America’s income pie” since 1980 (that’s when Reagan began cutting taxes for the rich, and blaming “welfare queens” and big government for everything). From taking 1 out of every 15 income dollars, the rich now take 3 of every 15 income dollars, or a TRILLION extra dollars a year. Put another way, instead of taking $7 of every $100 of America’s income, the rich now take $20 of every $100.
If this sounds like class war, it is, only it’s the rich doing the firing (literally).
Then there’s this, from Bob Herbert’s Sunday column. Top corporations (you know, the guys who have been declared to be “persons” by the Supreme Court, and thereby free to pour as much money—it’s free speech!—as they like into buying politicians) have been using the economic collapse to fire workers in droves. Those who are left are forced to take pay cuts, or else. Here are the stats:
“from the 4th quarter of 2007 to the 4th quarter of 2009, real aggregate output in the U.S., as measured by GDP, fell by about 2.5% but employers cut their payrolls by 6%.”
Worse, when the economy started to rebound (due to that evil government stimulation), the corporations somehow forgot to start hiring again. Herbert quotes economics Prof. Andrew Sum this way:
“At the end of the 4th quarter in 2008, you see corporate profits begin to really take off, and they grow by the time you get to the first quarter of 2010 by $572 billion. And over that same time period, wage and salary payments go DOWN by $122 billion.”
In other words, the corporations are “making out like bandits” and, as Fakaria noted, sitting on mountains of cash, saved from not rehiring workers. As Prof. Sum writes: this economic recovery “has seen the most lopsided gains in corporate profits relative to real wages and salaries in our history.”
Meantime, the Republicans blame Obama and the Democrats for a “jobless” recovery (demanding lower taxes to stimulate hiring; more “trickle-down”—that’s what we need). And the electorate appears ready to do the same thing.
Isn’t our capitalist democracy a wonder?
Lawrence DiStasi
If this sounds like class war, it is, only it’s the rich doing the firing (literally).
Then there’s this, from Bob Herbert’s Sunday column. Top corporations (you know, the guys who have been declared to be “persons” by the Supreme Court, and thereby free to pour as much money—it’s free speech!—as they like into buying politicians) have been using the economic collapse to fire workers in droves. Those who are left are forced to take pay cuts, or else. Here are the stats:
“from the 4th quarter of 2007 to the 4th quarter of 2009, real aggregate output in the U.S., as measured by GDP, fell by about 2.5% but employers cut their payrolls by 6%.”
Worse, when the economy started to rebound (due to that evil government stimulation), the corporations somehow forgot to start hiring again. Herbert quotes economics Prof. Andrew Sum this way:
“At the end of the 4th quarter in 2008, you see corporate profits begin to really take off, and they grow by the time you get to the first quarter of 2010 by $572 billion. And over that same time period, wage and salary payments go DOWN by $122 billion.”
In other words, the corporations are “making out like bandits” and, as Fakaria noted, sitting on mountains of cash, saved from not rehiring workers. As Prof. Sum writes: this economic recovery “has seen the most lopsided gains in corporate profits relative to real wages and salaries in our history.”
Meantime, the Republicans blame Obama and the Democrats for a “jobless” recovery (demanding lower taxes to stimulate hiring; more “trickle-down”—that’s what we need). And the electorate appears ready to do the same thing.
Isn’t our capitalist democracy a wonder?
Lawrence DiStasi
Tuesday, July 27, 2010
Oh What a Lovely War
As we all ponder the meaning and impact of the massive release of 70,000 or 90,000 secret documents on Wikileaks this week, I can’t help but focus on just a few elements: First, the activity of drone aircraft in seeking out and killing “targets”; and second, the mistakes inevitable in relying on massive airstrikes to simply kill whatever moves in an area selected by troops on the ground. Both of these expedients—the certain result of the impeccable military logic that annoints high-tech equipment as a god capable of removing casualties from war and making its soldiers invulnerable—combine to justify massive killing to prevent any threat to Americans, even American forces armed to the teeth and invading another country.
Before looking at a few samples of the wikileak trove, it’s important to recall a June 2, 2010 report by Agence France Presse conveying a UN special rapporteur’s report on the CIA’s use of drones. Philip Alston, the special rapporteur on extrajudicial executions, said that the CIA’s droning amounted to “a license to kill without accountability.” Alston worried that the U.S.’s claimed license of targeting individuals anywhere in the world runs the risk of “doing grave damage to the rules designed to protect the right to life and prevent extrajudicial executions.” He especially complained about the fact that the criteria used by the CIA to justify its targeting of individuals was shrouded in official secrecy. In other words, not only were U.S. operatives assassinating individuals with impunity, but by offering no justification for their selections, they were judge, jury and executioner all in one: “In a situation in which there is no disclosure of who has been killed, for what reason, and whether innocent civilians have died, the legal principle of international accountability is, by definition, comprehensively violated.” To add that the human agents in the drone killings were youthful pilots sitting in dark rooms in faraway Nevada and tracking shadows on a computer screen only makes the executions more macabre.
These drones, though, are the latest and apparently the most beloved of the military’s death toys. No human need enter a danger zone. The drones fly above battlefields or villages or wherever they choose, operated from afar, carrying lethal weapons that are precisely fired. They never complain, do not get tired (drones can stay aloft for 24 hours without a break), or bored, or distracted. They are the ultimate killing machine. Except, that is, when they get lost. This is what happened to one of the Air Force’s prized drones, a Reaper (don’t you just love the names the military comes up with? surely not to evoke thoughts of McCormick’s wheat reaper, but rather the euphemism for death as “the grim reaper”—though cutting down humans as the reaper cuts wheat is no doubt what animated the metaphor in the first place). As the NY Times explained the Wikileaks report:
“Equipped with advanced radar and sophisticated cameras, as well as Hellfire missiles and 500-pound bombs, the Reaper had lost its satellite link to its pilot [the one in Nevada]. No matter how he tried, the pilot couldn’t regain control [of his toy, only with a 66-foot wingspan], so his superiors ordered an F-15E fighter jet to shoot down the $13 million aircraft before it soared unguided into neighboring Tajikistan.” (NY Times, 7.25.10)
This grim comedy continued when the jet struck the drone with a Sidewinder missile, destroying the drone’s engine, just as the remote pilot regained satellite control. But it was too late. The comedy ended when the pilot steered it “into a remote mountainside for a final fiery landing.”
Imagine. Millions in equipment crashed into a mountain—because far worse than losing a measly $13 million would have been a landing that resulted in the Taliban recovering our secrets, our technology, our technological advantage.
Imagine, too, the terror of being on the ground pursued by one of these things. Death from the sky. No protestation of innocence. No begging for mercy. No warning even. Innocent or guilty, the Reaper seeks only to complete the death sentence ordered from half a world away. By some 20-something dweeb in a bunker in Nevada.
Or by some dweebs on the ground, those Special Forces killers until recently commanded by their killer-in-chief, General McChrystal. Another Wikileaks document, from June 17, 2007, details one of their missions gone awry. Of course, they were trying, via five rockets, to dispatch Abu Laith al-Libi, reportedly a top commander for Al Quaeda, said to be hiding in the targeted compound in Paktika province. But when helicopters dropped commandos from Task Force 373 to finish the job, they found no al-Libi. Instead, they found a “group of men suspected of being militants and their children. Seven of the children had been killed by the rocket attack.” When the men tried to flee, six of them were also killed by encircling helicopters. The rest were taken prisoner. But the good Americans did try to save a child still alive in the rubble, and performed CPR.
Unaccountably, news of the attack resulted in “a wave of anger over the region.” But not to worry, with a list of “talking points” drawn up by the Americans, the local governor explained the mistake: the Americans had been after an Al Quaeda leader and no one told them women and children would be in the compound. Indeed, the attack was really their own fault, caused by the “presence of hoodlums,” he said, and “could have been prevented had the people exposed the presence of insurgents in the area.”
Finally, a Sept. 3, 2009 report, from Kunduz province, described yet another mistaken airstrike, this time attributable to a slight mishap on the part of JATC, the Joint Terminal Attack Controller team responsible for ground communications and guidance for pilots and airstrikes. Responding to a police report saying that “2X FUEL TRUCKS WERE STOLEN BY UNK [unknown] NUMBER OF INS [insurgents]” who planned to cross the Kunduz River with their booty, the JTAC claimed to have seen not only the trucks, but “UP TO 70 INS” at “THE FORD ON THE RIVER.” [As to how JTAC “saw” this, the Times account speculates that the JTAC may have received live feed to their computer from infrared video cameras in some aircraft]. Then a German commander got involved, assured everyone that “NO CIVILIANS WERE IN THE VICINITY” and “AUTHORIZED AN AIRSTIKE.” An F-15 fighter plane then dropped two 500-pound guided bombs. Naturally, those killed were “56x INS KIA [insurgents killed in action],” 14 more fled northeast, and the two trucks were also destroyed. A good night’s work.
Only that the initial report was wrong. In fact, the trucks, apparently abandoned, were surrounded by civilians trying to remove fuel. This was learned only when the military reported that “International Media reported that US airstrikes had killed 60 civiians in Kunduz.” Those dastardly Taliban, having stolen the truck, had invited civilians in the area to help themselves with fuel. Seen from above, civilians were clearly INS [insurgents].
You get the picture. War is not lovely. In the best of conditions, it is messy, gruesome, murderous to those who have the misfortune of being in its vicinity. In this case, it is Afghan villagers who most often feed the grisly appetite of the war machine. And in Afghanistan, increasingly, the machines are in control. Trouble is, machines have no sense. They are inhuman by definition. When that inhumanity, as it inevitably must, reaches back and infects the humans ostensibly in control, they too become mechanical. That is what, overall, one discerns from reading the Wikileaks material. The United States, in attempting to maintain its tottering global empire, has become a killing machine. Far from protecting us as its champions claim, that transformation imperils us all.
Lawrence DiStasi
NB: For those of you too young to recall, the title of this piece comes from a 1963 musical composed by Joan Littlewood; it premiered on Broadway in 1964, and though it’s ostensibly about WWI, it applies to other wars rather nicely.
Before looking at a few samples of the wikileak trove, it’s important to recall a June 2, 2010 report by Agence France Presse conveying a UN special rapporteur’s report on the CIA’s use of drones. Philip Alston, the special rapporteur on extrajudicial executions, said that the CIA’s droning amounted to “a license to kill without accountability.” Alston worried that the U.S.’s claimed license of targeting individuals anywhere in the world runs the risk of “doing grave damage to the rules designed to protect the right to life and prevent extrajudicial executions.” He especially complained about the fact that the criteria used by the CIA to justify its targeting of individuals was shrouded in official secrecy. In other words, not only were U.S. operatives assassinating individuals with impunity, but by offering no justification for their selections, they were judge, jury and executioner all in one: “In a situation in which there is no disclosure of who has been killed, for what reason, and whether innocent civilians have died, the legal principle of international accountability is, by definition, comprehensively violated.” To add that the human agents in the drone killings were youthful pilots sitting in dark rooms in faraway Nevada and tracking shadows on a computer screen only makes the executions more macabre.
These drones, though, are the latest and apparently the most beloved of the military’s death toys. No human need enter a danger zone. The drones fly above battlefields or villages or wherever they choose, operated from afar, carrying lethal weapons that are precisely fired. They never complain, do not get tired (drones can stay aloft for 24 hours without a break), or bored, or distracted. They are the ultimate killing machine. Except, that is, when they get lost. This is what happened to one of the Air Force’s prized drones, a Reaper (don’t you just love the names the military comes up with? surely not to evoke thoughts of McCormick’s wheat reaper, but rather the euphemism for death as “the grim reaper”—though cutting down humans as the reaper cuts wheat is no doubt what animated the metaphor in the first place). As the NY Times explained the Wikileaks report:
“Equipped with advanced radar and sophisticated cameras, as well as Hellfire missiles and 500-pound bombs, the Reaper had lost its satellite link to its pilot [the one in Nevada]. No matter how he tried, the pilot couldn’t regain control [of his toy, only with a 66-foot wingspan], so his superiors ordered an F-15E fighter jet to shoot down the $13 million aircraft before it soared unguided into neighboring Tajikistan.” (NY Times, 7.25.10)
This grim comedy continued when the jet struck the drone with a Sidewinder missile, destroying the drone’s engine, just as the remote pilot regained satellite control. But it was too late. The comedy ended when the pilot steered it “into a remote mountainside for a final fiery landing.”
Imagine. Millions in equipment crashed into a mountain—because far worse than losing a measly $13 million would have been a landing that resulted in the Taliban recovering our secrets, our technology, our technological advantage.
Imagine, too, the terror of being on the ground pursued by one of these things. Death from the sky. No protestation of innocence. No begging for mercy. No warning even. Innocent or guilty, the Reaper seeks only to complete the death sentence ordered from half a world away. By some 20-something dweeb in a bunker in Nevada.
Or by some dweebs on the ground, those Special Forces killers until recently commanded by their killer-in-chief, General McChrystal. Another Wikileaks document, from June 17, 2007, details one of their missions gone awry. Of course, they were trying, via five rockets, to dispatch Abu Laith al-Libi, reportedly a top commander for Al Quaeda, said to be hiding in the targeted compound in Paktika province. But when helicopters dropped commandos from Task Force 373 to finish the job, they found no al-Libi. Instead, they found a “group of men suspected of being militants and their children. Seven of the children had been killed by the rocket attack.” When the men tried to flee, six of them were also killed by encircling helicopters. The rest were taken prisoner. But the good Americans did try to save a child still alive in the rubble, and performed CPR.
Unaccountably, news of the attack resulted in “a wave of anger over the region.” But not to worry, with a list of “talking points” drawn up by the Americans, the local governor explained the mistake: the Americans had been after an Al Quaeda leader and no one told them women and children would be in the compound. Indeed, the attack was really their own fault, caused by the “presence of hoodlums,” he said, and “could have been prevented had the people exposed the presence of insurgents in the area.”
Finally, a Sept. 3, 2009 report, from Kunduz province, described yet another mistaken airstrike, this time attributable to a slight mishap on the part of JATC, the Joint Terminal Attack Controller team responsible for ground communications and guidance for pilots and airstrikes. Responding to a police report saying that “2X FUEL TRUCKS WERE STOLEN BY UNK [unknown] NUMBER OF INS [insurgents]” who planned to cross the Kunduz River with their booty, the JTAC claimed to have seen not only the trucks, but “UP TO 70 INS” at “THE FORD ON THE RIVER.” [As to how JTAC “saw” this, the Times account speculates that the JTAC may have received live feed to their computer from infrared video cameras in some aircraft]. Then a German commander got involved, assured everyone that “NO CIVILIANS WERE IN THE VICINITY” and “AUTHORIZED AN AIRSTIKE.” An F-15 fighter plane then dropped two 500-pound guided bombs. Naturally, those killed were “56x INS KIA [insurgents killed in action],” 14 more fled northeast, and the two trucks were also destroyed. A good night’s work.
Only that the initial report was wrong. In fact, the trucks, apparently abandoned, were surrounded by civilians trying to remove fuel. This was learned only when the military reported that “International Media reported that US airstrikes had killed 60 civiians in Kunduz.” Those dastardly Taliban, having stolen the truck, had invited civilians in the area to help themselves with fuel. Seen from above, civilians were clearly INS [insurgents].
You get the picture. War is not lovely. In the best of conditions, it is messy, gruesome, murderous to those who have the misfortune of being in its vicinity. In this case, it is Afghan villagers who most often feed the grisly appetite of the war machine. And in Afghanistan, increasingly, the machines are in control. Trouble is, machines have no sense. They are inhuman by definition. When that inhumanity, as it inevitably must, reaches back and infects the humans ostensibly in control, they too become mechanical. That is what, overall, one discerns from reading the Wikileaks material. The United States, in attempting to maintain its tottering global empire, has become a killing machine. Far from protecting us as its champions claim, that transformation imperils us all.
Lawrence DiStasi
NB: For those of you too young to recall, the title of this piece comes from a 1963 musical composed by Joan Littlewood; it premiered on Broadway in 1964, and though it’s ostensibly about WWI, it applies to other wars rather nicely.
Friday, July 16, 2010
Real People v. Corporate “People.”
(Note: The following is a piece written by Doug Pibel in Yes! Magazine, 6/8/10. It expresses the position and history of corporate “personhood” and the fight against it so well that I thought it should be reprinted in full. The piece is reprinted on the movetoamend website, www.movetoamend.org. I would urge everyone to go to that website, sign the petition, and pass it on. LDS.)
In 2009, Riki Ott was on the road for 252 days educating people about the dangers of “corporate personhood.” That’s the legal doctrine that says corporations have constitutional rights, just like human beings. She mostly spoke in academic settings, and there was some interest in the idea, says Ott, but not much.
All that changed on January 21, 2010, when the U.S. Supreme Court handed down its decision in Citizens United v. Federal Election Commission. Now interest has skyrocketed, and Ott finds people eager to volunteer, to organize, to meet, to do anything to reverse the Court’s decision.
Rallying Around Citizens United
Supreme Court cases are usually interesting to lawyers, scholars, and those directly affected. Occasionally, a decision makes the news for a few days before disappearing from the public eye. But sometimes there’s a game changer—a decision that is so clearly wrong that it becomes a rallying point. David Cobb, former Green Party presidential candidate and longtime activist on corporate personhood, points to Dred Scott v. Sandford as one such decision. Citizens United, Cobb says, is shaping up as another.
The two cases are mirror images of error. In 1857, the Dred Scott decision said that a flesh-and-blood human being had no constitutional rights because he was black. On January 21, 2010, the Court, in a 5-4 decision, used Citizens United to declare that corporations—legal entities with no human attributes—have the same constitutional free-speech rights that humans have.
Dred Scott was the most notorious Supreme Court decision of its time. It was not a groundbreaking case—it simply took existing law to its logical conclusion. But it so clearly violated both logic and human decency that it forced people to look at what slavery really meant. Rather than legitimizing the status quo, as it was intended to do, the decision galvanized the growing abolitionist movement, and set the stage for the end of slavery. But it took the 14th Amendment to overturn Dred Scott.
Citizens United also takes existing law to its logical conclusion. And, like Dred Scott, it is generating tremendous discussion and debate—this time about corporate power and about what role, if any, corporations should play in the political process.
An ABC News/Washington Post poll taken February 4–8, 2010, found that 80 percent of Americans oppose the Court’s ruling, including 65 percent who “strongly” oppose it. Opposition cuts across the political spectrum: 85 percent of Democrats oppose the ruling, as do 81 percent of Independents, and 76 percent of Republicans.
Within days of the Citizens United decision, groups formed to undo the Court’s damage. They are pursuing remedies ranging from local ordinances to federal legislation to a constitutional amendment.
Why Should We Care?
Citizens United says that corporations can spend unlimited amounts of money on political advertising. The Court declared more than 30 years ago that spending money is a form of speech, and that corporations had a First Amendment right to speak that way. But there were still limits, particularly in the area of political speech, where there is a century-old tradition of controlling the influence of corporations on the electoral process. Citizens United takes away those limits. According to the Court, if human beings are allowed an unrestricted right to free speech, then corporations must have the same right.
The Court overturned a key provision of the McCain-Feingold campaign-finance reform law that prohibited corporate- and union-funded campaign advertising within 90 days of a federal election. Now, corporations can spend unlimited money influencing our elections right up to Election Day.
More than $5 billion was spent on the 2008 campaigns with the McCain-Feingold law in place. If that seems like a lot of money, wait for the next election cycle. Citizens United was a case about a corporation spending money to advertise and air a movie that amounted to a hit piece on Hilary Clinton. There are now no limits on the funding of that sort of negative campaign material. Any candidate who doesn’t toe the corporate line can look forward to a flood of opposition cash.
The "Humanity" of Corporations
Just as Dred Scott was only an extension of existing law, Citizens United merely extends law that has been developing for a long time. But, like Dred Scott, the Court’s conclusion makes clear to most people that the law is wrong. To say that a corporation with billions to spend on advertising is no different from a human being with one voice and one vote goes beyond what a large majority of Americans are willing to accept.
But this is the logical conclusion of the doctrine of corporate personhood, a legal theory that has been developing since the 1800s. Until 1819 the law was clear that corporations had no constitutional rights. In that year, the Court held for the first time that the Constitution applied to corporations. The key moment was the 1886 case, Santa Clara County v. Southern Pacific, an unremarkable case about taxes on railroad property. One of the railroad’s arguments was that the tax they were challenging violated the then-relatively new 14th Amendment to the Constitution—the Amendment that specifically overruled Dred Scott.
The railroad claimed that it had been deprived of “equal protection under the law,” which is one of the guarantees of the 14th Amendment. The problem with the argument was that the Amendment said, “No state shall … deny to any person within its jurisdiction the equal protection of the laws.” There is nothing in the language of the Amendment that makes it apply to anyone but humans—it uses the words “person” and “citizen.” The railroad’s argument was that, since a corporation was a legal entity, it was rather like a person and, thus, should enjoy the rights granted by the 14th Amendment.
The Court made no official decision on that issue, and it is discussed nowhere in the Court’s opinion. But in the headnotes (an unofficial summary of the case, not written by a judge), the court reporter, a former president of a small railroad line, quoted the Chief Justice as saying that the Court did not want to hear arguments on whether the 14th Amendment applied to railroads because “we are all of the opinion that it does.”
A lawyer who based an argument on a headnote would be laughed out of court. Yet the headnote in Santa Clara has been treated ever since as a statement of the law. From that crack in the door, the Constitution has been broken open to gradually provide corporations more of the rights granted to humans. We have gone from a Constitution that nowhere mentions corporations, let alone grants them rights, to Citizens United, which says that the Constitution cannot tell the difference between General Motors and a member of the general public.
Corporations are now a sort of super-being: They can live forever, they cannot be jailed, they have no conscience—yet they also enjoy virtually all the rights that humans have.
“[T]he Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self-government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense.” But for the style, those words might have come from one of the activists working to abolish corporate personhood. They are actually the words of Justice John Paul Stevens, speaking for the four dissenters in Citizens United.
A Turning Point
Eighty percent of Americans agree with Justice Stevens, and they’re ready to demand a return to common sense. The Community Environmental Legal Defense Fund (CELDF), founded by Thomas Linzey in 1995, has long championed abolishing corporate personhood. Citizens United “opens peoples’ eyes,” says Mari Margil, CELDF’s associate director. “Very often we walk into communities and they’ve never heard of corporate constitutional rights, or they think it’s an academic concept that’s not important for their lives. So we have to show through stories, through examples, through breaking down how our structure of law came to be and how it works,” says Margil. “Now Citizens United allows us to speed that process up a bit.”
Riki Ott and David Cobb are working under the banner of Move to Amend, a coalition that launched its Web site the day the Citizens United decision came down. In less than three months, says Cobb, without coverage in a single mass media outlet, more than 77,000 people have signed the group’s online petition for a constitutional amendment to reject the Citizens United ruling. Move to Amend now counts among its growing steering committee and key partners more than 20 progressive organizations, including Black Agenda Report, the National Lawyers Guild, Velvet Revolution, and the Women’s International League for Peace and Freedom.
A partnership of Voter Action, Public Citizen, the Center for Corporate Policy, and the American Independent Business Alliance launched Free Speech for People (FSFP), also on the day of the decision, and also seeking a constitutional amendment. They worked with Rep. Donna Edwards (D-Md.) on the amendment she has introduced in the House, which restores the right of Congress and the states to regulate corporate spending. They have collected about 50,000 signatures on their petition.
John Bonifaz, legal director of Voter Action, has participated in FSFP presentations. “It’s pretty clear that the public is ahead of Washington,” Bonifaz says. “Washington, D.C. is looking at relatively modest reforms. The people around the country are very clear on the idea that corporations aren’t people. They believe the Citizens United ruling is a threat to our democracy and to the First Amendment.”
Still, all of these activists caution that this is a matter for the long haul. Amending the Constitution is not an overnight process—Dred Scott was accepted law for 11 years; the fight for women’s suffrage was multi-generational. Cobb says that although we’ve been told that this is a land of liberty, justice, and equality, people are realizing that it’s not. “Rather than just get caught up in despair and anguish, we can make it that land,” Cobb says. “We are going to force this country to live up to its promises and its best ideals. Are you with us?”
In 2009, Riki Ott was on the road for 252 days educating people about the dangers of “corporate personhood.” That’s the legal doctrine that says corporations have constitutional rights, just like human beings. She mostly spoke in academic settings, and there was some interest in the idea, says Ott, but not much.
All that changed on January 21, 2010, when the U.S. Supreme Court handed down its decision in Citizens United v. Federal Election Commission. Now interest has skyrocketed, and Ott finds people eager to volunteer, to organize, to meet, to do anything to reverse the Court’s decision.
Rallying Around Citizens United
Supreme Court cases are usually interesting to lawyers, scholars, and those directly affected. Occasionally, a decision makes the news for a few days before disappearing from the public eye. But sometimes there’s a game changer—a decision that is so clearly wrong that it becomes a rallying point. David Cobb, former Green Party presidential candidate and longtime activist on corporate personhood, points to Dred Scott v. Sandford as one such decision. Citizens United, Cobb says, is shaping up as another.
The two cases are mirror images of error. In 1857, the Dred Scott decision said that a flesh-and-blood human being had no constitutional rights because he was black. On January 21, 2010, the Court, in a 5-4 decision, used Citizens United to declare that corporations—legal entities with no human attributes—have the same constitutional free-speech rights that humans have.
Dred Scott was the most notorious Supreme Court decision of its time. It was not a groundbreaking case—it simply took existing law to its logical conclusion. But it so clearly violated both logic and human decency that it forced people to look at what slavery really meant. Rather than legitimizing the status quo, as it was intended to do, the decision galvanized the growing abolitionist movement, and set the stage for the end of slavery. But it took the 14th Amendment to overturn Dred Scott.
Citizens United also takes existing law to its logical conclusion. And, like Dred Scott, it is generating tremendous discussion and debate—this time about corporate power and about what role, if any, corporations should play in the political process.
An ABC News/Washington Post poll taken February 4–8, 2010, found that 80 percent of Americans oppose the Court’s ruling, including 65 percent who “strongly” oppose it. Opposition cuts across the political spectrum: 85 percent of Democrats oppose the ruling, as do 81 percent of Independents, and 76 percent of Republicans.
Within days of the Citizens United decision, groups formed to undo the Court’s damage. They are pursuing remedies ranging from local ordinances to federal legislation to a constitutional amendment.
Why Should We Care?
Citizens United says that corporations can spend unlimited amounts of money on political advertising. The Court declared more than 30 years ago that spending money is a form of speech, and that corporations had a First Amendment right to speak that way. But there were still limits, particularly in the area of political speech, where there is a century-old tradition of controlling the influence of corporations on the electoral process. Citizens United takes away those limits. According to the Court, if human beings are allowed an unrestricted right to free speech, then corporations must have the same right.
The Court overturned a key provision of the McCain-Feingold campaign-finance reform law that prohibited corporate- and union-funded campaign advertising within 90 days of a federal election. Now, corporations can spend unlimited money influencing our elections right up to Election Day.
More than $5 billion was spent on the 2008 campaigns with the McCain-Feingold law in place. If that seems like a lot of money, wait for the next election cycle. Citizens United was a case about a corporation spending money to advertise and air a movie that amounted to a hit piece on Hilary Clinton. There are now no limits on the funding of that sort of negative campaign material. Any candidate who doesn’t toe the corporate line can look forward to a flood of opposition cash.
The "Humanity" of Corporations
Just as Dred Scott was only an extension of existing law, Citizens United merely extends law that has been developing for a long time. But, like Dred Scott, the Court’s conclusion makes clear to most people that the law is wrong. To say that a corporation with billions to spend on advertising is no different from a human being with one voice and one vote goes beyond what a large majority of Americans are willing to accept.
But this is the logical conclusion of the doctrine of corporate personhood, a legal theory that has been developing since the 1800s. Until 1819 the law was clear that corporations had no constitutional rights. In that year, the Court held for the first time that the Constitution applied to corporations. The key moment was the 1886 case, Santa Clara County v. Southern Pacific, an unremarkable case about taxes on railroad property. One of the railroad’s arguments was that the tax they were challenging violated the then-relatively new 14th Amendment to the Constitution—the Amendment that specifically overruled Dred Scott.
The railroad claimed that it had been deprived of “equal protection under the law,” which is one of the guarantees of the 14th Amendment. The problem with the argument was that the Amendment said, “No state shall … deny to any person within its jurisdiction the equal protection of the laws.” There is nothing in the language of the Amendment that makes it apply to anyone but humans—it uses the words “person” and “citizen.” The railroad’s argument was that, since a corporation was a legal entity, it was rather like a person and, thus, should enjoy the rights granted by the 14th Amendment.
The Court made no official decision on that issue, and it is discussed nowhere in the Court’s opinion. But in the headnotes (an unofficial summary of the case, not written by a judge), the court reporter, a former president of a small railroad line, quoted the Chief Justice as saying that the Court did not want to hear arguments on whether the 14th Amendment applied to railroads because “we are all of the opinion that it does.”
A lawyer who based an argument on a headnote would be laughed out of court. Yet the headnote in Santa Clara has been treated ever since as a statement of the law. From that crack in the door, the Constitution has been broken open to gradually provide corporations more of the rights granted to humans. We have gone from a Constitution that nowhere mentions corporations, let alone grants them rights, to Citizens United, which says that the Constitution cannot tell the difference between General Motors and a member of the general public.
Corporations are now a sort of super-being: They can live forever, they cannot be jailed, they have no conscience—yet they also enjoy virtually all the rights that humans have.
“[T]he Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self-government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense.” But for the style, those words might have come from one of the activists working to abolish corporate personhood. They are actually the words of Justice John Paul Stevens, speaking for the four dissenters in Citizens United.
A Turning Point
Eighty percent of Americans agree with Justice Stevens, and they’re ready to demand a return to common sense. The Community Environmental Legal Defense Fund (CELDF), founded by Thomas Linzey in 1995, has long championed abolishing corporate personhood. Citizens United “opens peoples’ eyes,” says Mari Margil, CELDF’s associate director. “Very often we walk into communities and they’ve never heard of corporate constitutional rights, or they think it’s an academic concept that’s not important for their lives. So we have to show through stories, through examples, through breaking down how our structure of law came to be and how it works,” says Margil. “Now Citizens United allows us to speed that process up a bit.”
Riki Ott and David Cobb are working under the banner of Move to Amend, a coalition that launched its Web site the day the Citizens United decision came down. In less than three months, says Cobb, without coverage in a single mass media outlet, more than 77,000 people have signed the group’s online petition for a constitutional amendment to reject the Citizens United ruling. Move to Amend now counts among its growing steering committee and key partners more than 20 progressive organizations, including Black Agenda Report, the National Lawyers Guild, Velvet Revolution, and the Women’s International League for Peace and Freedom.
A partnership of Voter Action, Public Citizen, the Center for Corporate Policy, and the American Independent Business Alliance launched Free Speech for People (FSFP), also on the day of the decision, and also seeking a constitutional amendment. They worked with Rep. Donna Edwards (D-Md.) on the amendment she has introduced in the House, which restores the right of Congress and the states to regulate corporate spending. They have collected about 50,000 signatures on their petition.
John Bonifaz, legal director of Voter Action, has participated in FSFP presentations. “It’s pretty clear that the public is ahead of Washington,” Bonifaz says. “Washington, D.C. is looking at relatively modest reforms. The people around the country are very clear on the idea that corporations aren’t people. They believe the Citizens United ruling is a threat to our democracy and to the First Amendment.”
Still, all of these activists caution that this is a matter for the long haul. Amending the Constitution is not an overnight process—Dred Scott was accepted law for 11 years; the fight for women’s suffrage was multi-generational. Cobb says that although we’ve been told that this is a land of liberty, justice, and equality, people are realizing that it’s not. “Rather than just get caught up in despair and anguish, we can make it that land,” Cobb says. “We are going to force this country to live up to its promises and its best ideals. Are you with us?”
Saturday, July 10, 2010
"To Let the Punishment Fit the Crime.."
The line is from Gilbert and Sullivan’s Mikado (My Object all sublime/ I shall achieve in time/ To let the punishment fit the crime…), and as always in G&S, it is said with a bit of irony, if not sarcasm. The same is true here. Johannes Mehserle, the white BART police officer who shot and killed African-American Oscar Grant on New Year’s morning in 2009, has been convicted of “involuntary manslaughter.” And so, though Oscar Grant’s murder was caught on several video cameras, and though the video showed that the unarmed Grant was not only lying face down when shot, but also had his hands bound behind his back, the jury concluded that Mehserle’s act was unintentional (his lawyers insisting, as did he, that he thought he was using his taser), and therefore deserved only the lesser conviction of involuntary or negligent manslaughter, not murder. The conviction carries a sentence of 2 to 4 years—though the judge could add up to 10 more years for the added offense of using a gun. He could also sentence Mehserle to probation—no additional jail time at all.
Now here, without going further into the rights or wrongs of the jury’s decision (no Blacks were seated on that jury; the judge ruled out first-degree murder), it is important to understand this verdict in context. A black man is shot to death by a white man who has pledged to protect the public. The black man is bound and face down on the ground. The murderer’s culpability is undisputed. And yet, the killer is looking forward to a sentence that pales in comparison not simply to sentences in other murders, but in comparison to millions of convictions of black men in America for non-violent crimes like drug possession. To get some sense of the outrage this inspires in the African American community, it is necessary to read The New Jim Crow, by Michelle Alexander (New Press: 2010). In fact, reading the New Jim Crow should outrage any American, even absent the Mehserle verdict. But in the context of this flagrant example of the differential “justice” in our system, well, outrage simply doesn’t cover it.
Here is some of what Michelle Alexander tells us. First, the system of mass incarceration of African Americans—a system put in place mostly as a result of the War on Drugs initiated by the Reagan Administration in 1980 and more specifically in its 1986 and 1988 legislation—is no less than a modern system for controlling black (and brown) men. It is the New Jim Crow—the old one having been ended, finally, by the 60’s Civil Rights movement and the Supreme Court’s Brown v. Board of Education decision in 1954. So, of the approximately 2.3 million people in American prisons and jails, about ½ million are there for a drug offense (compare today’s 500,000 to 41,000 drug-related felons in 1980). Further, of the more than 31 million!!! people arrested for drug offenses since this “war” began, most are NOT charged with dealing drugs; in 2005, for example, “4 out of 5 drug arrests were for possession, and only 1 out of 5 for sales.” So what, you may say, that’s justice: use drugs and go to jail. But it’s not that simple. As Alexander writes,
…in the drug war, the enemy is racially defined.…Human Rights Watch reported in 2000 that, in seven states, African Americans constitute 80 to 90% of all drug offenders sent to prison. In at least 15 states, blacks are admitted to prison on drug charges at a rate from 20 to 57 times greater than that of white men….Although the majority of illegal drug users and dealers nationwide are white, three-fourths (¾) of all people imprisoned for drug offenses have been black or Latino.
What’s more, the penalties for “crack” cocaine (used primarily by blacks), as opposed to powder cocaine (used primarily by whites) are biased in the extreme: 500 grams of powder gets a 5-year mandatory sentence; 5 grams of crack gets a 10-year mandatory—a 100 to 1 ratio (500 grams to 5 grams). Judge Clyde Cahill of the Federal District Court of Missouri, himself an African-American, ruled in the case of Edward Clary, that this ratio was discriminatory, but his ruling was struck down by the Eighth Circuit Court of Appeals. The result was that Clary, the 18-year old first-time violator in the case, was given and served 4 years by Judge Cahill, but upon the reversal by the Circuit Court, was forced back to jail to serve out his ten-year mandatory sentence.
The story of how this “war” got started, including the accompanying penalties for “felons” that renders them literally second-class citizens (5.1 million now on probation or parole), makes for fascinating reading, and I would recommend Alexander’s book to anyone who wants reality instead of TV propaganda. Here, I want to focus on the inequities in sentencing because that is what’s behind the rage hurled at the Mehserle verdict. The Anti-Drug Abuse Act of 1986, for starters, initiated those mandatory minimum sentences for “distribution of cocaine, including far more severe punishment for crack—associated with blacks—than powder cocaine, associated with whites.” The 1988 Anti-Drug Abuse Act upped the ante even more, including the death penalty for serious drug-related offenses and a new 5-year mandatory minimum for “simple possession of cocaine base—with no evidence of intent to sell.” These mandatory sentences for possession were new, writes Alexander: up till that time, one year in prison was the maximum for possessing any amount of any drug.
The effects were immediate. And were immediately carved in stone by the Supreme Court. In 1982, “the Supreme Court upheld 40 years of imprisonment for possession and an attempt to sell 9 ounces of marijuana.” Somewhat later, the same Supreme Court in Hamelin v. Michigan upheld a life sentence for “a defendant with no prior convictions who attempted to sell 672 grams (approx. 23 ounces) of crack cocaine.” Though these two cases involved drug sellers, most of those hit with mandatory minimums, according to Alexander, are not the “drug kingpins” we are led to imagine. Weldon Angelos, for example, a 24-year-old record producer who possessed a weapon he did not use or threaten to use, was “sentenced to life for 3 marijuana sales, due to the mandatory minimum of 55 years under the law.” The judge noted even as he sentenced him that it was “unjust, cruel, and even irrational.” Another judge, William Schwarzer, “choked with tears” over the sentence he had to impose on Richard Anderson; Anderson, a longshoreman and first-time offender, got “10 years in prison without parole” not for selling or even possessing drugs, but for “what appeared to be a minor mistake in judgment in having given a ride to a drug dealer” who got caught.
That’s 10 years in prison for giving a dealer a ride! Johannes Mehserle is looking at 2 to 4 years for killing an unarmed black man. Punishment to fit the crime?
And yet, the Supreme Court, our court of last resort, the great arbiter of fairness, upholds this kind of savagery, this out-and-out racism. Consider, as Michelle Alexander forces us to consider: Professor David Baldus, of the University of Iowa Law School, (in the interest of full disclosure, Baldus was a fraternity brother of mine) led a study comparing sentencing in murder trials in Georgia. The study discovered that:
…defendants charged with killing white victims received the death penalty 11 times more often than defendants charged with killing black victims. Georgia prosecutors seemed largely to blame for the disparity; they sought the death penalty in 70% of cases involving black defendants and white victims, but only 19% of cases involving white defendants and black victims…and that defendants charged with killing white victims were 4.3 times more likely to receive a death sentence than defendants charged with killing blacks. (p. 107)
A trial appeal, by Warren McCleskey in Georgia, used the Baldus study to claim racial bias in violation of the 14th Amendment to try to reverse the death penalty conviction. The case, McCleskey v. Kemp, reached the Supreme Court in 1987. But the Supreme Court “ruled that racial bias in sentencing, even if shown through credible statistical evidence, could not be challenged under the 14th Amendment” unless McCleskey could prove that the prosecutor in his case “had sought the death penalty because of race, or that the jury had imposed it for racial reasons.” That is, the Court said that clear statistical evidence, as provided by the Baldus study, did not prove unequal treatment, and thus did not violate the 14th Amendment. This meant that the prosecutor or the jury would have to openly admit they were racially biased—an impossibility not only because few would admit such a thing, but also because litigants are barred from even attempting to discover the prosecution’s motives. In short, statistical proof of racial bias was allowed and is allowed to stand under the court’s ruling.
Add to this the consistent rulings of the Supreme Court in allowing racial profiling by police officers by giving them “discretion” in deciding whom to stop and search without a warrant—using “pretext stops” where a minor traffic violation becomes a pretext to search for drugs (where the driver “looks” like a dealer); or “consent,” where police who get a driver’s consent (most people fear refusing) can search for any reason or no reason at all—and you get rampant violations of 4th Amendment protections, and American jails filled to capacity with black and brown drug violators. In the Ohio v. Robinette case, for example, where police stopped a black driver for speeding, turned on a video camera, and asked whether he was carrying drugs and would consent to a search, the driver consented. The police thereupon found a small amount of marijuana and a single meth pill. In reviewing the case, the Ohio Supreme Court struck down the conviction, saying police must advise motorists of their right to refuse before asking them for consent to search their vehicles. At the Supreme Court, however, this “advise” requirement was struck down as “unrealistic.” No one needed to be informed of the right to refuse before being solicited for consent to a search. And in Atwater v. City of Lago Vista, the Supreme Court went even further, ruling that even when a motorist does refuse to consent to a search, the police can arrest him anyway.
What results is what pertains in Illinois, where an amazing 90% of those imprisoned for drug offenses are African-American; where “the total population of black males in Chicago with a felony record (including both current and ex-felons) is equivalent to 55% of the black adult male population and an astonishing 80% of the adult black male workforce in the Chicago area.” Nor are the effects limited to the streets. Politically, African Americans are being disenfranchised at a staggering rate, with 1 in 7 black men nationally having lost the right to vote as ex-felons. Socially, moreover, black people, especially black men, literally define criminality, and crime is defined as a black problem. However, since we live in a putatively “colorblind” society, (there are, after all, that small percentage of whites imprisoned for drugs; there is, after all, that African-American President) this entire problem can be suppressed, ignored and denied. ‘It’s not black people we target; it’s criminals.’
Only when we get to see, graphically, how white murderers like Johannes Mehserle are treated do we begin to notice that something is rotten. Only when we are exposed, chapter and verse, to the way the system is constructed to exploit every avenue for targeting black and brown men, and how that targeting is continually sanctioned by the highest court in the land, do we begin to understand how obscene it all is—how obscene for TV commentators (like those commenting on the “riot” after the Mehserle verdict) to wring their hands about a few windows broken while they ignore the broken lives, the broken families, the broken cities, the deliberately broken system that allows and encourages racism to maintain its death grip on millions, so the rest of us can prate on about democracy, about our revered system of “equal justice for all.”
Lawrence DiStasi
Now here, without going further into the rights or wrongs of the jury’s decision (no Blacks were seated on that jury; the judge ruled out first-degree murder), it is important to understand this verdict in context. A black man is shot to death by a white man who has pledged to protect the public. The black man is bound and face down on the ground. The murderer’s culpability is undisputed. And yet, the killer is looking forward to a sentence that pales in comparison not simply to sentences in other murders, but in comparison to millions of convictions of black men in America for non-violent crimes like drug possession. To get some sense of the outrage this inspires in the African American community, it is necessary to read The New Jim Crow, by Michelle Alexander (New Press: 2010). In fact, reading the New Jim Crow should outrage any American, even absent the Mehserle verdict. But in the context of this flagrant example of the differential “justice” in our system, well, outrage simply doesn’t cover it.
Here is some of what Michelle Alexander tells us. First, the system of mass incarceration of African Americans—a system put in place mostly as a result of the War on Drugs initiated by the Reagan Administration in 1980 and more specifically in its 1986 and 1988 legislation—is no less than a modern system for controlling black (and brown) men. It is the New Jim Crow—the old one having been ended, finally, by the 60’s Civil Rights movement and the Supreme Court’s Brown v. Board of Education decision in 1954. So, of the approximately 2.3 million people in American prisons and jails, about ½ million are there for a drug offense (compare today’s 500,000 to 41,000 drug-related felons in 1980). Further, of the more than 31 million!!! people arrested for drug offenses since this “war” began, most are NOT charged with dealing drugs; in 2005, for example, “4 out of 5 drug arrests were for possession, and only 1 out of 5 for sales.” So what, you may say, that’s justice: use drugs and go to jail. But it’s not that simple. As Alexander writes,
…in the drug war, the enemy is racially defined.…Human Rights Watch reported in 2000 that, in seven states, African Americans constitute 80 to 90% of all drug offenders sent to prison. In at least 15 states, blacks are admitted to prison on drug charges at a rate from 20 to 57 times greater than that of white men….Although the majority of illegal drug users and dealers nationwide are white, three-fourths (¾) of all people imprisoned for drug offenses have been black or Latino.
What’s more, the penalties for “crack” cocaine (used primarily by blacks), as opposed to powder cocaine (used primarily by whites) are biased in the extreme: 500 grams of powder gets a 5-year mandatory sentence; 5 grams of crack gets a 10-year mandatory—a 100 to 1 ratio (500 grams to 5 grams). Judge Clyde Cahill of the Federal District Court of Missouri, himself an African-American, ruled in the case of Edward Clary, that this ratio was discriminatory, but his ruling was struck down by the Eighth Circuit Court of Appeals. The result was that Clary, the 18-year old first-time violator in the case, was given and served 4 years by Judge Cahill, but upon the reversal by the Circuit Court, was forced back to jail to serve out his ten-year mandatory sentence.
The story of how this “war” got started, including the accompanying penalties for “felons” that renders them literally second-class citizens (5.1 million now on probation or parole), makes for fascinating reading, and I would recommend Alexander’s book to anyone who wants reality instead of TV propaganda. Here, I want to focus on the inequities in sentencing because that is what’s behind the rage hurled at the Mehserle verdict. The Anti-Drug Abuse Act of 1986, for starters, initiated those mandatory minimum sentences for “distribution of cocaine, including far more severe punishment for crack—associated with blacks—than powder cocaine, associated with whites.” The 1988 Anti-Drug Abuse Act upped the ante even more, including the death penalty for serious drug-related offenses and a new 5-year mandatory minimum for “simple possession of cocaine base—with no evidence of intent to sell.” These mandatory sentences for possession were new, writes Alexander: up till that time, one year in prison was the maximum for possessing any amount of any drug.
The effects were immediate. And were immediately carved in stone by the Supreme Court. In 1982, “the Supreme Court upheld 40 years of imprisonment for possession and an attempt to sell 9 ounces of marijuana.” Somewhat later, the same Supreme Court in Hamelin v. Michigan upheld a life sentence for “a defendant with no prior convictions who attempted to sell 672 grams (approx. 23 ounces) of crack cocaine.” Though these two cases involved drug sellers, most of those hit with mandatory minimums, according to Alexander, are not the “drug kingpins” we are led to imagine. Weldon Angelos, for example, a 24-year-old record producer who possessed a weapon he did not use or threaten to use, was “sentenced to life for 3 marijuana sales, due to the mandatory minimum of 55 years under the law.” The judge noted even as he sentenced him that it was “unjust, cruel, and even irrational.” Another judge, William Schwarzer, “choked with tears” over the sentence he had to impose on Richard Anderson; Anderson, a longshoreman and first-time offender, got “10 years in prison without parole” not for selling or even possessing drugs, but for “what appeared to be a minor mistake in judgment in having given a ride to a drug dealer” who got caught.
That’s 10 years in prison for giving a dealer a ride! Johannes Mehserle is looking at 2 to 4 years for killing an unarmed black man. Punishment to fit the crime?
And yet, the Supreme Court, our court of last resort, the great arbiter of fairness, upholds this kind of savagery, this out-and-out racism. Consider, as Michelle Alexander forces us to consider: Professor David Baldus, of the University of Iowa Law School, (in the interest of full disclosure, Baldus was a fraternity brother of mine) led a study comparing sentencing in murder trials in Georgia. The study discovered that:
…defendants charged with killing white victims received the death penalty 11 times more often than defendants charged with killing black victims. Georgia prosecutors seemed largely to blame for the disparity; they sought the death penalty in 70% of cases involving black defendants and white victims, but only 19% of cases involving white defendants and black victims…and that defendants charged with killing white victims were 4.3 times more likely to receive a death sentence than defendants charged with killing blacks. (p. 107)
A trial appeal, by Warren McCleskey in Georgia, used the Baldus study to claim racial bias in violation of the 14th Amendment to try to reverse the death penalty conviction. The case, McCleskey v. Kemp, reached the Supreme Court in 1987. But the Supreme Court “ruled that racial bias in sentencing, even if shown through credible statistical evidence, could not be challenged under the 14th Amendment” unless McCleskey could prove that the prosecutor in his case “had sought the death penalty because of race, or that the jury had imposed it for racial reasons.” That is, the Court said that clear statistical evidence, as provided by the Baldus study, did not prove unequal treatment, and thus did not violate the 14th Amendment. This meant that the prosecutor or the jury would have to openly admit they were racially biased—an impossibility not only because few would admit such a thing, but also because litigants are barred from even attempting to discover the prosecution’s motives. In short, statistical proof of racial bias was allowed and is allowed to stand under the court’s ruling.
Add to this the consistent rulings of the Supreme Court in allowing racial profiling by police officers by giving them “discretion” in deciding whom to stop and search without a warrant—using “pretext stops” where a minor traffic violation becomes a pretext to search for drugs (where the driver “looks” like a dealer); or “consent,” where police who get a driver’s consent (most people fear refusing) can search for any reason or no reason at all—and you get rampant violations of 4th Amendment protections, and American jails filled to capacity with black and brown drug violators. In the Ohio v. Robinette case, for example, where police stopped a black driver for speeding, turned on a video camera, and asked whether he was carrying drugs and would consent to a search, the driver consented. The police thereupon found a small amount of marijuana and a single meth pill. In reviewing the case, the Ohio Supreme Court struck down the conviction, saying police must advise motorists of their right to refuse before asking them for consent to search their vehicles. At the Supreme Court, however, this “advise” requirement was struck down as “unrealistic.” No one needed to be informed of the right to refuse before being solicited for consent to a search. And in Atwater v. City of Lago Vista, the Supreme Court went even further, ruling that even when a motorist does refuse to consent to a search, the police can arrest him anyway.
What results is what pertains in Illinois, where an amazing 90% of those imprisoned for drug offenses are African-American; where “the total population of black males in Chicago with a felony record (including both current and ex-felons) is equivalent to 55% of the black adult male population and an astonishing 80% of the adult black male workforce in the Chicago area.” Nor are the effects limited to the streets. Politically, African Americans are being disenfranchised at a staggering rate, with 1 in 7 black men nationally having lost the right to vote as ex-felons. Socially, moreover, black people, especially black men, literally define criminality, and crime is defined as a black problem. However, since we live in a putatively “colorblind” society, (there are, after all, that small percentage of whites imprisoned for drugs; there is, after all, that African-American President) this entire problem can be suppressed, ignored and denied. ‘It’s not black people we target; it’s criminals.’
Only when we get to see, graphically, how white murderers like Johannes Mehserle are treated do we begin to notice that something is rotten. Only when we are exposed, chapter and verse, to the way the system is constructed to exploit every avenue for targeting black and brown men, and how that targeting is continually sanctioned by the highest court in the land, do we begin to understand how obscene it all is—how obscene for TV commentators (like those commenting on the “riot” after the Mehserle verdict) to wring their hands about a few windows broken while they ignore the broken lives, the broken families, the broken cities, the deliberately broken system that allows and encourages racism to maintain its death grip on millions, so the rest of us can prate on about democracy, about our revered system of “equal justice for all.”
Lawrence DiStasi
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