The rule of law vs. the will of the tyrant

Fresno Bee, Nov. 3, 2024

This week, an arsonist burned ballot boxes in Washington and Oregon. This attack on the vote is, thankfully, a rare occurrence. But it is an ominous warning of threats to our rule-governed democracy.

Our country has established an orderly, rule-governed process for elections. Unfortunately, the rules have been recently disputed, specifically when Donald Trump challenged the idea of a rule-governed process when he refused to admit defeat in 2020. Some Americans are now confused about why the rules even matter to begin with.

Sadly, a number of Americans seem to admire a willingness to break the rules. A Marist poll from April of this year found that 41% of Americans agreed that “America has gotten so far off track that we need a leader who is willing to break some rules to set things right.” Fifty-six percent of Republicans agreed with that sentiment, as did 28% of Democrats.

This result was reiterated by a more recent poll from the Public Religion Research Institute which found that a third of Americans, and 55% of Trump supporters, agreed with the need for a “strong leader willing to break the rules.”

This attitude is Machiavellian and authoritarian. What matters, from this perspective, is gaining power. It does not matter how this is achieved because the end justifies the means.

This cynical idea is morally disastrous. It can be used to justify cheating in the whole of life. The cynic thinks rules are for suckers. And for some arch-cynics, rule-breaking becomes a way of life. What matters to the Machiavellian is outsmarting the saps who follow the rules.

Tyrants think that rules are made by the powerful for their own self-interest. From this standpoint, if you can rewrite the rules to maximize your own power, you’ve won. Not only have you defeated the old system, you’ve also created a new system in your own image.

In response, we ought to reassert the value of a rule-governed world. Rules create stability, structure and order that benefit everyone. Shared allegiance to a system of rules defuses violence and helps establish the possibility of social trust and cooperation. Shared rules allow us to plan for the future and develop common projects.

We rely upon rules to think, communicate, create and build. Grammar, logic, music and mathematics are fundamentally systems of rules. The sentence you are reading now makes sense because it follows the rules of the English language. The rules of language are mostly a matter of custom and habit. They are arbitrary but also important.

Games are like that, too: You can’t make a forward pass beyond the line of scrimmage in football, despite there being no necessary reason for that rule. Someone made it up long ago, and now we just play along. But if you break the rule, you’ll be penalized. And if you refuse to play according to that rule, you are not really playing football.

The legal system is presumably less arbitrary. Some laws appear to reflect the necessary “laws of nature,” as the Declaration of Independence put it, including the self-evident right to life, liberty and happiness. But the legal system also includes conventional and arbitrary elements, including laws about driving, paying taxes and voting.

The electoral college and our winner-takes-all system of voting does not reflect a law of nature. Rather, this system is a social and historical construction. This means that the system can be changed. But there are rules for changing the system, as defined by the Constitution and its amendment process. Burning a ballot box does nothing to change those rules. Nor does refusing to concede an election.

The American system of checks and balances is supposed to prevent a tyrant from corrupting the system of rules. But that system depends upon public trust. Beyond institutional checks and balances, we, the people, need to remind ourselves that rules matter.

The Machiavellians are wrong. The end does not justify the means. And those who are willing to break the rules to gain power are a threat to the very idea of a rule-governed democracy.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article294831724.html#storylink=cpy

Democracy and Its Discontents: Trump, Harris, and the need for wisdom

Fresno Bee, October 27, 2024

No matter who wins in November, we must remain committed to wisdom, virtue and truth.

Our democracy is in big trouble. Each side fears the apocalypse, should their party lose the presidential election next month.

Some never-Trumpers, like Donald Trump’s former lawyer Michael Cohen, have stated that, if Trump wins, they will leave the country, given that Trump has repeatedly promised to prosecute or punish his enemies if elected. The other day, a friend of mine said he was hoping to leave the U.S. no matter who wins, since this election shows that our democratic society is doomed.

Republican partisans believe Trump has been unjustly persecuted by the deep state and “the enemy from within,” as Trump puts it. They think Trump’s felonies are fake news, and that a Democratic victory would empower “Marxists, communists and fascists” to ruin the country. They agree with J.D. Vance that “big tech rigged the 2020 election,” and they agree with Trump that the Jan. 6 convicts are really “political prisoners,” “hostages” and “unbelievable patriots.”

The other party warns that all of this represents a fundamental threat to our republic. Vice President Kamala Harris recently said that Trump “admires dictators and is a fascist.” The Democrats complain that Trump stacked the Supreme Court with partisan hacks and warn of authoritarianism, nepotism and corruption should Trump and his cronies return to the White House. At a fundamental level, Democratic partisans find it hard to believe that any sane person could support Trump.

For the partisans, this election represents an existential crisis of historical proportions. But while the partisans fret, a sizable minority of people don’t even bother to vote. According to the Pew Research Center, a third of the voting-eligible population did not vote in 2020; one in three Americans did not participate in the election that gave birth to endless controversy, insurrectionist activity and ongoing angst.

For those unmotivated voters, the past several years — and maybe democracy itself — is a mug’s game, not worth their time. And so we have a fundamental impasse: A third of the people don’t care enough to vote. The rest are polarized and paranoid.

This is no way to run a country.

The philosophical take-away is that there is no perfect social or political system. That’s because human beings are fundamentally flawed — we lack wisdom and virtue. A few people are evil and corrupt, while many others are lazy, ignorant and self-interested. On occasion, a few rare souls rise above the muck. But there are always more sinners than saints.

This recognition of our flawed humanity is what led the Founding Fathers to set up a Constitution with checks and balances and a separation of powers. But this system is frustratingly imperfect, and we should not forget that Americans fought a bloody civil war as we struggled to form “a more perfect union.”

Approximately 2,500 years ago, Plato argued that democracy was among the worst forms of government, as it empowered the moronic mob. His solution was a government ruled by wise and virtuous philosopher-kings. But we know now that monarchic power is as dangerous as mob rule. Which leaves us, frankly, without a perfect solution. As they say, democracy is the worst form of government, except for all the others.

But democracy can be improved. We do that by educating citizens in virtue and wisdom.

In the ideal world, citizens would vote out of a sense of duty. Voters would use the cool light of reason to assess the merits of each candidate, guided overall by a common sense of truth and value. They would put the common good above their own self-interest, and honor and respect the sincerity and rationality of other voters — even those with whom they disagree. And when the election was over, they would accept the results and remain committed to the fairness of the system and the rule of law.

Alas, we don’t live in an ideal world. A fortunate few may imagine leaving the country as our democracy founders. But in reality, there is no better place to go. Human nature follows us wherever we are. And there is no perfect political system.

The task at hand is to learn from our present crisis, to work incrementally to rebuild a broken society and to remain committed to wisdom, virtue and truth, no matter who wins in November.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article294485719.html#storylink=cpy

The Decency Drain, the Doom Loop, and the Taint of Corruption

Fresno Bee, June 2, 2024

I recently asked a group of young people whether they trust “the system.” Most said no. Youthful alienation reflects the generally cynical spirit of the times. Trust is at an all-time low. The Pew Center reported that in 2023 only 16% of Americans trust the government to do what is right always or most of the time. Republicans are less trusting than Democrats. But the atmosphere of alienation is bi-partisan.

The Trump trials are a microcosm of the problem. The former president routinely lambasts judges and prosecutors as corrupt. Recently, he falsely claimed that the FBI, under Joe Biden’s direction, was seeking to kill him when they searched his compound in Florida.

If Trump is right, this is a “badly failing nation,” as he has put it. If he is wrong, we are still in the midst of a political disaster given that Trump’s party believes that the justice system is wicked and the electoral system is corrupt.

It is a wonder, then, that any young person would want any part of such a decadent system. The taint of corruption justifiably turns off decent people. Would any decent young person want to run for office, become a cop, a lawyer, or a judge in such a tainted system? Why would anyone want to serve on a jury, or even bother to vote in a badly failing nation?

This leads to the risk of what we might call a decency drain. Who will remain to run the system, if everyone thinks it is broken? As decent people get fed up and leave, those who stay behind get weirder and more extreme. This drives out the remaining normal people, making it easier for even worse oddballs to gain power.

Correlated with the decency drain is a cynicism doom loop. Cynicism ultimately empowers cynics, who are not ashamed to take advantage. When smart and decent people abdicate positions of authority, the resulting power vacuum will suck in crooks and con men. This can happen in community groups and entire civilizations. When good people abandon ship, the cynics will pounce and eliminate the last shreds of decency from the organization.

The solution is obvious. Decent people need to remain engaged. They must continue to fight the good fight. This is not easy, or pleasant. But it is necessary for organizations, and civilizations, to survive.

These problems are ancient. When Plato proposed that virtuous philosopher-kings should rule, he understood this was unlikely. Good people tend to view the ugly tumult of political life with disdain. Plato’s solution depended on the wise man’s sense of duty, which would compel him to engage in politics despite the ugliness.

In ancient reality, this did not work out well. Socrates was executed. Plato was imprisoned by a tyrant and sold into slavery. Aristotle was more prudent. But he fled Athens to escape political persecution.

Wise and decent people have often been the victims of corrupt regimes. This is another version of the decency drain. When the good guys are all either dead, in prison, or in exile, who will be left to fix things?

At that point it is too late. Which is why we must respond before the doom loop cuts too deeply. We must call out the nihilism of the cynics while reaffirming our commitment to basic decency. Young people, especially, need to be encouraged to seek justice, wisdom, and virtue in service to the common good. The future of “we, the people” depends upon the hope of the citizens of the future.

The coming months will likely be difficult for our democracy. There will be even more cynical words thrown around about a corrupt and broken system. It may become tempting at some point to succumb to cynicism, or to opt out entirely. But the system is not as corrupt as the cynics make it out to be. There are decent and honorable people working to do the right thing. And the system won’t improve unless good people remain committed to fixing it. We the people must believe that the system is worth fighting for, and that it is in our power to fix it.

Read more at: https://www.fresnobee.com/opinion/article288915860.html#storylink=cpy

Donald Trump and the Cult of the Rebel

Fresno Bee, Oct. 1, 2023

It’s worth asking why Donald Trump remains popular. He’s been indicted for crimes including a scheme to subvert the 2020 election. A court ruled that he committed sexual assault. He paid off a porn star. His language and demeanor are divisive. If you want a soft and sympathetic character, don’t look to Trump. But if you like rebels, Trump is your man.

You would think that all of these accusations would disqualify Trump from the political stage. But the former president is so popular among Republicans that he didn’t bother to show up to the Republican debate this past week. As the underdogs searched for the limelight in Simi Valley, Trump’s shadow eclipsed the headlines.

This past week, a court ruled that Trump’s business was liable for massive fraud. Other headlines reported that Trump suggested that the outgoing chairman of the Joint Chiefs of Staff, Gen. Mark Miley, should be executed. The Wall Street Journal editorial board used words like “lunacy” and “unhinged” to describe Trump’s rants.

But people still love Trump. Republican voters appear to think that the indictments are unjustified political persecution. They see Trump as a martyr who is being attacked by a corrupt federal bureaucracy. From this standpoint, it is the cops, the courts, and the generals who are the bad guys.

If we push a bit deeper, we stumble upon a strange theme in American culture: the cult of the rebel. Americans idolize rebels and vigilantes, bad guys and martyrs. We tend to view those in authority as self-righteous hypocrites who abuse their power. And we cheer on those who throw mud at the stiffs in uniform.

We might trace the cult of the rebel all the way back to Jesus and Socrates, rebel martyrs who questioned authority. But this is also uniquely American. The founding of the country was revolutionary. The founders heroically pledged their “sacred honor” to the rebellion of 1776. In 1787, Thomas Jefferson said, “a little rebellion now and then is a good thing.” He described rebellion as “a medicine necessary for the sound health of government.”

Rebels and outlaws are icons of American culture. Criminals like Billy the Kid and Al Capone are favorite fixtures of Americana. Pop culture often portrays bad guys and gangsters as heroic figures who have no choice but to use violence to defend their sacred honor. There is a whole genre of heroic vigilantes, including Batman and Spiderman.

The cult of the rebel implies that for good to be done, good guys have to go rogue and break the law. Instead of obedience and conformity, rebel culture values honor, pride and self-assertion. This is a bipartisan tendency. Leftists wear Che Guevara T-shirts, and right-wingers view the Jan. 6 rebels as patriotic heroes. Rebels on the left and the right think the establishment, the system, or “the swamp,” is made up of biased bureaucrats who are venal and corrupt.

This cult of the rebel is part of the dysfunctional attitude of what I have called elsewhere the moronic mob. The unthinking mob wants heroes and villains, spectacles and melodrama. It is fun to cheer on the rebels in “Star Wars” as they battle the empire. We rally with Neo as he fights the Matrix. And we sing along with the hippies, punk rockers, gangster rappers, and outlaw country stars who celebrate sticking it to the man.

This is all, of course, childish and dangerous. Rebellion is rarely justified and often unpredictable. Vigilantes end up in jail. Modern societies cannot function without widespread commitment to the rule of law. And most cops, lawyers, judges, and bureaucrats are decent folks trying to do their jobs.

But the story of decent people operating within the rule of law is boring. Reform is slow, incremental, and tedious. Rebels spice things up. And the mob is always hungry for what is spicy and spectacular. But ordinary social and political life is rarely spectacular or spicy.

Even if he outrages you, Trump isn’t boring. I personally think that boring would be nice for a change. But we are unlikely to be bored as the next presidential election unfolds. The cult of the rebel runs too deep. And we, the people, seem too fascinated by the spectacle to look away.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article279879484.html#storylink=cpy

Faith, Freedom, and the First Amendment: Trump’s Proposed Ban on Socialists is Un-American

First Amendment

Fresno Bee, July 2, 2023

This past week, Donald Trump announced that if elected he will prevent “foreign Christian-hating communists, socialists and Marxists” from coming to the U.S. He also suggested he would do something about the un-Christian socialists who already live here. He asked, “What are we going to do with the ones that are already here, that grew up here? I think we have to pass a new law for them.”

The audience at the Faith and Freedom Coalition Conference cheered Trump’s speech. Which makes you wonder about the relationship between faith and freedom in America. Will Americans round up and expel communists, atheists, and others?

Or maybe we will divide the union by ideology. Florida Sen. Rick Scott posted a video warning socialists and communists to avoid “the free state of Florida.” He said, “If you’re thinking about coming to Florida and you’re a socialist or a communist, think twice. We like freedom, liberty, capitalism, things like that.”

This almost seems like a parody. And for those who study the history of ideas, it is absurd. Socialism is not anti-Christian or un-American.

There are important Christian socialists in the American tradition, including Francis Bellamy, a Baptist preacher who authored the Pledge of Allegiance. Bellamy’s original pledge did not, by the way, include the phrase “under God.” That phrase was added in the 1950s during another anti-communist era.

Christian socialists claim that Jesus was critical of the accumulation of wealth and the exploitation of the poor. They cite passages in the Bible’s book of Acts, where early Christians sold their private property, lived communally, and distributed “to each as had any need.”

Of course, Christians disagree among themselves about this. Some Christians embrace socialism. Others preach the gospel of wealth. Some advocate for Christian nationalism. Others claim Christ was an anarchist.

Centuries ago, such disagreements would result in violence, as reformers were burned at the stake. We don’t do that anymore. Our secular system guarantees freedom of religion and freedom of thought.

An argument for secular tolerance can be traced to British philosopher John Locke. Locke thought that compulsion in religion was useless. Faith is internal and not subject to external authority. He said every man “has the supreme and absolute authority of judging for himself.”

Locke’s theory was limited in application. He did not extend toleration to atheists or Roman Catholics. A century after Locke, Americans like James Madison improved the idea and put it into the First Amendment to the Constitution, which prevents the political establishment of religion and guarantees the free exercise of faith.

This idea evolved to include toleration for Catholics, and non-Christians. Thomas Jefferson said that the state has no right over “conscience.” He explained, “It does me no injury for my neighbor to say there are 20 gods, or no god. It neither picks my pocket nor breaks my leg.”

Freedom of religion is linked to freedom of thought. The First Amendment also protects freedom of speech, and freedom of the press. Which takes us back to the question of banning socialists.

Would Trump’s proposed ban on socialists also ban their ideas? How would you prevent socialist ideas from being disseminated? Maybe we’d also need book bans as they do in “the free state of Florida.” Perhaps the Bible would be among those books.

Now Trump and Scott may suggest that socialists are somehow anti-American. But there is nothing more American than the First Amendment. Our Constitution allows us to argue, and think. Laws that target ideologies are un-American.

The assumption of our secular system is that the “free marketplace of ideas” is fundamental. That capitalist metaphor for freedom of thought means that if you disagree with an idea, you make an argument and let people decide for themselves. In this economy of thought, it is we, the people who sift and winnow ideas.

Sometimes bad arguments prevail in the short-term. But democracy rests upon the faith that good arguments ultimately defeat bad ones. The democratic faith believes that citizens are smart enough to discern right from wrong. It rests on the hope that citizens are wise enough to understand the difference between democratic freedom and dangerous demagoguery.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article276873328.html#storylink=cpy