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 Future of Democracy?

Fresno Bee, March 7, 2021

Democracy appears to be in decline around the world. Freedom House, a think tank founded by Eleanor Roosevelt, recently warned of an ongoing “recession” of democracy. China, Russia, and countries in the Middle East remain unfree. Major democracies such as India and the United States have stumbled. Freedom House claims that when exemplary democracies falter, anti-democratic forces are emboldened.

Authoritarianism was on the rise prior to COVID-19. Threats to freedom of the press predate the pandemic. Religious liberty and other human rights have never existed in some places. But the pandemic created new opportunities for disinformation and democratic dysfunction.

There was some good news. Across the world, protesters clamored for equality and human rights. Unfortunately, these protests were often met with governmental repression.

And, as we’ve seen in the U.S., there is growing distrust. Recent opinion polls paint a worrying picture. An Associated Press poll concluded that nearly half of Americans think our democracy is not working well. Such conclusions reflect our polarization. That poll concluded that 75% of Democrats think the country is on the right track, while almost 80% of Republicans think it is not. A related AP poll found that 65% of Republicans do not believe that Joe Biden’s election was legitimate.

These differences of opinion are troubling. Democracy depends upon trust and common ground.

But let’s not be surprised. History shows that democracy is rare, unstable, and imperfect.

The Roman republic lasted about 500 years. The Athenian democracy lasted about 200. And ancient “democracies” were not all that democratic. Slavery was allowed and women were subordinated. Athens and Rome were also aggressive colonizers. And we should not forget that the Athenian assembly voted to execute Socrates.

This is one of the reasons that Plato distrusted democracy. He thought it was foolish to put the uneducated masses in charge. Plato worried that liberty would be abused. He warned that the masses would fall for the seductive lies of a tyrant. He described democracy as a ship of fools, where the drunken passengers stage a mutiny and throw the expert navigators overboard.

Modern democracies have, of course, made improvements and learned from ancient failures. We have institutionalized human rights that protect freedom of religion, speech, and the press. Socrates would not be sentenced to death in the United States. We have also abolished slavery and advanced women’s suffrage.

Modern innovations may help to stabilize and preserve democracy. But challenges and opportunities remain.

An important question is who is included among “we, the people.” Should there be voting rights for people in prison or even non-citizens? Some states allow felons and ex-cons to vote. Others do not. In the U.S. we link voting to citizenship. But in New Zealand some permanent residents can vote.

We can also ask about the size, stability, and longevity of democratic nations. The United States did not always include 50 states. Could more be added or some allowed to secede? The Constitution is not written in stone. Should it be amended in ways that make it more responsive to the will of the people?

We should also consider the role of global institutions and international law. Should we seek a more global democracy that involves trans-national unions? Or does democracy require small, local, and decentralized communities?

In a polarized era, rational conversations about these things are difficult. It seems increasingly unlikely that we will be able to talk reasonably about all of this. This may be our undoing.

A significant question is how peaceful and reasonable we expect democracy to be. Some philosophers dream of “deliberative democracy” in which rational people engage in sincere and civil debate. But democracy is also a field of conflict and struggle, what scholars call “agonistic democracy.” In the United States, our democracy has become much more agonistic of late. This damages civic institutions. But “people power” may in fact be more like anarchy than law and order.

As we consider the future of democracy, we should remember that democracies have not always existed. Irrationality, self-interest, and conflict are part of the human condition. Authoritarians are waiting to exploit those weakness. And without rational consensus about shared values, democracies will continue to fail.

Susan B. Anthony and The Revolution

President Trump pardoned Susan B. Anthony for the crime of voting, commemorating the 100-year anniversary of the 19th Amendment, which gave women the right to vote. Historians have argued that Anthony would have rejected the pardon. She was more interested in voting rights, sex education, and social justice than in the pomp of a presidential pardon.

Anthony is closer in spirit to AOC than to the GOP. She demanded respect for women. She defended voting rights. She practiced civil disobedience. And she had unconventional views of religion.

Anthony was not simply the sweet little old lady we see posing politely in sepia-toned photos. She was a revolutionary and a radical.

Susan B. Anthony

The newspaper she published was called “The Revolution.” Its first issue, from 1868, stated that it would focus on equality for women as well as a revolution in society and in religion. With regard to religion, it advocated for “deeper thought.” It called for “science not superstition,” and “facts not fiction.”

Like Thoreau, she broke the law to make her case. When she was arrested for voting in 1872, Anthony claimed the law punishing her was unjust. She vowed to never pay the fine. She declared in court, “I shall earnestly and persistently continue to urge all women to the practical recognition of the old revolutionary maxim, that resistance to tyranny is obedience to God.”

The motto was a favorite of Benjamin Franklin and Thomas Jefferson. That revolutionary idea places God on the side of liberation. This theology motivated those who called for the abolition of slavery. In fact, Anthony began her career an abolitionist. Her calls for social justice and equality for women continued on the theological path of the anti-slavery movement.

Religious reform was central to the movement for women’s equality. As we reconsider flags and monuments today, it is worth recalling how early suffragettes symbolically rewrote the Declaration of Independence. At the Seneca Falls Convention of 1848, they proclaimed, “we hold these truths to be self-evident: that all men and women are created equal.” To support the idea that men and women were equal, a radical religious claim was introduced: “That woman is man’s equal, was intended to be so by the Creator.”

Anthony’s friend Elizabeth Cady Stanton went so far as to revise the Bible. The “Woman’s Bible” began by declaring that Christianity falsely teaches that “woman was made after man, of man, and for man, an inferior being, subject to man.”

As might be predicted, this effort at religious revolution provoked a backlash in the movement. And although Anthony did not participate in creating the Woman’s Bible, she defended Stanton’s effort. Anthony viewed the Bible merely as a historical document. She said “I think women have just as good a right to interpret and twist the Bible to their own advantage as men always have twisted and turned it to theirs.”

Anthony also connected the suffrage movement to broader movements for social justice. She advocated for labor rights, for fair pay, and for a living wage for women. She pointed out hypocrisy in the lofty moral language of the Founding Fathers, while the U.S. was “founded upon the blood and bones of half a million beings, bought and sold as chattels in the market.”

Despite her work as an abolitionist and her calls for social revolution, Anthony’s work has been criticized by those who think she was not radical enough. Anthony was not as progressive on racial issues as she might have been. She was friendly with Frederick Douglass — who publicly advocated for women’s suffrage. But Angela Davis complains that Anthony “pushed Douglass aside for the sake of recruiting Southern women into the movement for woman’s suffrage.”

This reminds us that no one is perfect. History will judge our failures. But we must do the best we can.

It helps to have the kind of courage, tenacity, and faith of someone like Susan B. Anthony. She understood that the world won’t change unless we demand that it change. She inspires us to think critically about the social and religious conventions of the day. And she reminds us to look beyond petty politics and consider whether God is on the side of oppression or liberation.

Voting is a leap of faith

Voting is a little like a leap of faith

Fresno Bee, November 5, 2016

 

Your vote does not count for much. In the U.S., there are about 150 million registered voters. You are only one among 18 million registered California voters. But there are good reasons to vote anyway. Voting allows you to express your values and participate in civic life.

Ron Hirschbein, a philosopher at Chico State, wrote a book in the 1990s, “Voting Rites,” that considers the metaphysics of voting. I spoke with him the other day. Hirschbein says, “The cruel mathematics of mass society destroys the narcissistic belief that your vote matters.”

The large numbers involved make it unlikely that your vote will change the world in your favor. If you view your vote as an instrument serving your self-interest, then voting is a waste of time.

But voting is not merely an instrumental activity. It is also a meaningful social ritual. Voting has symbolic and expressive value. It is a participatory social act. This year you can help elect the first female president or a billionaire outsider. You can also write in “none of the above.”

Your vote is meaningful to you, even if it does very little to change the aggregate vote count. It is an expression of your hopes and your values. And it matters to you, even if your vote is merely a drop in the bucket.

audienceConsider this analogy. After a concert, people applaud. Your claps only make a miniscule contribution. No one would miss your clapping if you chose not to applaud. But you would miss out on the opportunity to participate in the process. Applauding is a symbolic and expressive gesture, done in solidarity with the audience and in support of the musicians.

Voting is similar. We demonstrate solidarity with other citizens by voting. And we express a kind of faith in the political show.

Admittedly, there are good reasons to be skeptical of all of this. Citizen solidarity may seem absurd in a divided nation. Many people fear that the political show is a rigged carnival game. Monolithic parties, political dynasties, insider trading, gerrymandering and big money all serve to undermine our faith in democracy.

To vote is to say, “Despite all of this, I assert my constitutional right to participate in self-governance.” This is an expressive act and a leap of faith.

Faith – religious, civic or otherwise – is belief in the absence of evidence. In social contexts, faith performs an important conjuring act. Political societies only exist so long as citizens believe in them. Teams, social clubs, businesses, and nations fall apart when we lose faith.

Maybe we are heading in that direction. In 2012, just over half of eligible voters voted. U.S. voter turnout rates trail behind the rest of the world. Maybe Americans are simply giving up on the charade, refusing to applaud this tired old show.

Social life is an elaborate ritual that requires willingness to play along. Ghosts and witches are fantasy, but we carve our jack-o-lanterns anyway. It’s all phony. But when we play along, Halloween exists.

SOCIAL LIFE IS AN ELABORATE RITUAL THAT REQUIRES WILLINGNESS TO PLAY ALONG. 

Weddings, funerals and graduations are games and shows that require voluntary suspension of disbelief. The ceremonies are formulaic and often lack depth. But we play along, enjoying the process and the result.

It may seem disenchanting to admit all of this, but grown-ups know that social rituals involve make-believe. Acknowledging this creates deeper understanding of social life and a more realistic assessment of our place within the social universe.

No individual matters all that much to history or society. But we create the shared social world by our individual deeds and commitments. Understanding this gives us the freedom to invest our spiritual energy wisely and appropriately.

This is ultimately a question of existential philosophy. You truly are a grain of sand. But so what? The beach is beautiful, and we find meaning in participating in things that are larger than ourselves.

Democracy is created by the faith of individuals who vote and thereby participate in the life of the country. One vote does not matter in a country of hundreds of millions. But if that one vote is yours, it matters to you. And democracy only exists when we believe that despite evidence to the contrary, our votes really do matter.

Read more here: http://www.fresnobee.com/living/liv-columns-blogs/andrew-fiala/article112552757.html#storylink=cpy