August 2024

IT IS THE “ALL MEN” THAT THE rIGHT FINDS INTOLERABLE:

A Constitutional Republic, If You Can Keep It (Michael Liss, 8/13/24, 3Quarks)

The principles of Jefferson are the definition and axioms of free society…. All honor to Jefferson—to the man who, in the concrete pressure of a struggle for national independence by a single people, had the coolness, forecast, and capacity to introduce into a merely revolutionary document, an abstract truth, applicable to all men and all times, and so embalm it there, that to-day, and in all coming days, it shall be a rebuke and a stumbling-block to the very harbingers of re-appearing tyranny and oppression. —Abraham Lincoln, April 6, 1859 Letter to Henry L. Pierce and others. […]

Just exactly what is the “U.S. Democracy” that may not prevail? Before we go further, we ought to get some nomenclature misunderstandings out of the way. Let’s introduce Democracy’s cousin, the “Constitutional Republic.” Yes, we live in a Constitutional Republic and not a Democracy. No, that’s not a concluding and conclusive argument any time someone wants to make government more representative, more answerable to the voters, or less beholden to privilege. Opponents of change who invoke the phrase “mob rule” just highlight the fact that what’s at stake isn’t high principle, but rather a desire to “supplant[] the principles of free government, and restor[e] those of classification, caste and legitimacy.”

MAGA IS CONTINENTAL, NOT ANGLOSPHERIC:

Is the Far Right Channeling German Theorist Carl Schmitt’s Divisive Script?: The pro-Nazi political philosopher predicted the crisis of liberal democracy and would have enjoyed watching it struggle (Zack Beauchamp, Aug 13, 2024, The UnPopulist)

A government is “democratic,” Schmitt argues, if it bases its legitimacy on support from the people’s will. But this depends on how you define the “people” and choose to assess their “will.” Every democracy depends on excluding some people, most notably foreigners, from participating in the selection of its leaders; that means, by definition, no democracy rests on universal human equality before the law. Instead, the idea of “equality” in democracy really means equality amongst the people in a political community that shares a certain identity and core agreements.

“There has never been a democracy that did not recognize the concept ‘foreign’ and that could have realized the equality of all men,” he wrote in a 1926 preface to the second edition of Crisis. “Every actual democracy rests on the principle that not only are equals equal but unequals will not be treated equally. Democracy requires, therefore, first homogeneity and second—if the need arises—elimination or eradication of heterogeneity.”

The false notion of universal equality, Schmitt argues, is a liberal concept rather than a democratic one—and “modern mass democracy rests on the confused combination of both.” Politics, for Schmitt, is primarily and essentially about defining who is a “friend” (inside the political community) and who is an “enemy” (outside of it and, thus, a potential target for violence). Democracy is no exception to this general rule, meaning that in practice it will necessarily come into conflict with liberalism—which seeks to supplant conflict and exclusion, the true essences of politics, with impossible attempts at universality. This tension is the source of the “crisis” in his book’s title: though democracy was ideologically triumphant in the interwar period, its ascendancy is forcing its leaders and citizens to grapple with the ways in which actual political life is at odds with its liberal ideals.

People get awfully worked up when conservatives differentiate a republic from a democracy, but you can see here why we valorize the former and abhor the latter. Republican liberty requires equal treatment under law.

WON’T COP OUT:

Shaft: Power Moves (Amy Abugo Ongiri, Jun 21, 2022, Criterion)

Shaft would be a different and more confrontational kind of project than Parks’s earlier work. He had been hired by MGM to bring Ernest Tidyman’s 1970 detective novel of the same name to the screen. Tidyman, who was white, himself had been commissioned to write the novel by Ronald Hobbs, one of very few African American literary agents working at the time, and the book contains many of the elements of Parks’s film in its commitment to the urban milieu of New York City and to creating the character of John Shaft as a strong, independent African American man. The studio had originally wanted to revise Tidyman’s novel to make the characters white, but Parks insisted on not only casting the character of Shaft as African American but also emphasizing and enhancing the Black cultural aspects of the novel.

Parks famously wanted to create a film that would allow audiences “to see the Black guy winning.” As modest an ambition as this may seem by today’s standards, it was shockingly bold in 1971, when positive images of African Americans in visual culture were virtually nonexistent. Hollywood had gently stepped into the terrain of Black representation with stars like Sidney Poitier and Dorothy Dandridge, but the roles that they were offered were constrained at best and insulting at worst. With Shaft, Parks would deliver something unlike anything that Hollywood had seen before: a Black superhero.

BREAK THE ADMINISTRATIVE STATE:

How Many Laws Did You Break Today?: REVIEW: ‘Over Ruled: The Human Toll of Too Much Law’ by Neil Gorsuch and Janie Nitze (Ilya Shapiro, August 11, 2024, Free Beacon)

Over Ruled pithily describes true rule of law as requiring “laws that are publicly declared, knowable to ordinary people, and stable.” To flesh this out a bit, the rule of law is a principle of governance whereby all people and institutions—including the government—are accountable to laws, not personal authority. These laws have to be publicly passed by a representative body; enforced equally through robust legal processes by enforcement organs that themselves follow the law; and reviewed, interpreted, and applied by an independent judiciary.

In other words, the rule of law exists when people are secure in their persons and property; the state is itself bound by the law and doesn’t act arbitrarily; and everyone can rely on legal institutions and the content of the law to plan their personal and business affairs.

Three trends have threatened the rule of law in America: (1) the growth of government—the authors note that the Eisenhower Executive Office Building once housed the State, Navy, and War departments but now can’t even hold all the White House staff, and that three million civilians work for the federal government; (2) the growth of federal laws—such that lobbying the federal government has grown from $40 million to $4 billion in the last half-century; and (3) a bureaucratic explosion—such that in 2015, for example, Congress adopted 100 laws but federal agencies issued 3,242 final rules and 2,285 proposed rules. On the latter point, Gorsuch and Nitze describe a Pacific Legal Foundation report finding that “71 percent of the nearly 3,000 rules issued by the Department of Health and Human Services between 2001 and 2017 were issued by lower-level officials rather than Senate-confirmed agency leaders; at the Food and Drug Administration the figure was 98 percent.”

People’s lives have been turned upside down by a centralization and expansion of government that ultimately can’t keep track of what it’s doing across its range of regulatory machinery. Over Ruled presents detail upon detail of ordinary citizens ensnared in nonsensical regulatory webs that in practice are little different from capriciously applied secret laws, just without the late-night knock on the door leading to a basement torture chamber. Not because the regulators and their enforcement agents are sadistic or power-hungry—though public choice theory makes clear the incentives to increase authority and budgets—but because the governing apparatus has grown too unwieldy. The deep state doesn’t know what the deeper state is doing!

And that’s before we even get to criminal law. As civil libertarian lawyer Harvey Silverglate famously posited, the average American commits three felonies a day. Gorsuch and Nitze have a chapter on such overcriminalization.

THE PEOPLE OF HUME:

My Liberal Faith: The beginning of wisdom is neither the sum nor the end of it (Bret Stephens, August 12, 2024, Sapir)

What is a liberal faith? There are specifically political ways of addressing that question — that is, faith in a liberal order that puts the protection of individual liberty, conscience, and initiative at the center of its concerns. That’s a faith I share, even if I don’t subscribe to the more common understanding of “liberalism” as a program of big-government responses to economic and social problems.

But what I’m writing about here is something more personal: liberal without the “ism.” This is liberal as an attitude toward life; an openness to new ideas and different ways of being; a readiness to accept doubt, ambiguity, uncertainty, and contradiction; an ability to hold a conviction while occasionally allowing it to be shaken; a right to change your mind and reinvent yourself. It is the belief that, at its best, a liberal faith can be a more honest, interesting, and rewarding approach to life than alternatives based in tradition, dogma, or ideology.

THEY’RE STUCK ON REASON:

The Trust Trap: Greater public faith in elite institutions requires evidence of restraint, not just of competence (Yuval Levin, August 11, 2024, Sapir)

In 1970, in what may well have been the best of his many landmark essays, Irving Kristol took up this peculiar challenge of legitimacy. “The results of the political process and of the exercise of individual freedom — the distribution of power, privilege, and property — must also be seen as in some profound sense expressive of the values that govern the lives of individuals,” Kristol wrote. If elites hold power or privilege for reasons that most of their fellow citizens don’t consider adequate, the entire society will lose respect for the rules by which it says it lives.

Not many would enjoy living in such a society. It would feel not only unequal but also unfree. “People feel free when they subscribe to a prevailing social philosophy; they feel unfree when the prevailing social philosophy is unpersuasive; and the existence of constitutions or laws or judiciaries have precious little to do with these basic feelings,” Kristol concluded. The principles according to which our elites exercise power must somehow be, as he put it, persuasive.

So how do our own elites now justify their status and that of the institutions they lead? Implicitly, without ever quite articulating it, they tend to fall upon a mix of technocratic credentials and progressive high-mindedness. This broadly describes the self-image of the unusually cohesive elite class that now runs most of our major institutions. Its members (at least most of them) earned their places by demonstrating a peculiar sort of merit — through admission to a selective university, followed by various honors, certifications, rites of passage, jobs, and stamps of approval that signify competence.

This is a cold and almost clinical standard of worth, but the nagging guilty feeling that it may not be a sufficient rationale for status and authority is then allayed by a kind of secondhand atonement — a ritual acknowledgement of the sins of others that played a part in creating today’s conditions of inequality. This might entail, for instance, naming the privilege that results from the inegalitarianism of prior generations or naming the Native American tribes that once occupied the lands we now possess.

The bizarre intensity with which such rituals are enforced sometimes feels like the working out of an authoritarian instinct, but it is at least as much a function of the depth of the guilt they are meant to placate. And if, after all that proof of formal qualifications and moral purity, the public is still skeptical of elites, then their skepticism is presumed to result from the failure of ordinary people to value rational competence, or from their bigotry or small mindedness. What else could explain it?

Their failure to ever reckon with the dubious foundation of their belief system leaves them overconfident in an ideology most in the Anglosphere have long rejected.

IF THEY WERE THE MAJORITY THEY’D NOT NEED AUTHORITARIANISM:

Why Populism and Authoritarianism Go Hand in Hand: Populism is not anti-elitism, it is raw majoritarianism exercised via a strongman (Shikha Dalmia, Aug 08, 2024, The UnPopulist)

Populism is one of the few concepts that can help us make sense of the “current tectonic shifts in the political landscape and public opinion almost everywhere in the West and beyond,” notes Karen Horn, a classical liberal scholar at Germany’s University of Erfurt. To understand what populism is, it is useful to understand what it is not since the literature on it often lumps many disparate figures and phenomena, some good, some bad, obscuring the core concept. But if we lose clarity on the term, we will risk “defining away a pervasive phenomenon,” Horn notes, undercutting our ability to comprehend the danger it poses.

For starters, populist movements are not popular uprisings like the one Mahatma Gandhi led against British colonial rule in India and Nelson Mandela against white apartheid in South Africa. There are surface similarities, for example both are led by charismatic figures commanding a mass following. But that does not make these uprisings the same as Donald Trump’s MAGA movement or Indian Prime Minister Narendra Modi’s Hindutva (Hindu nationalism).

One big difference is that a popular uprising is a resistance movement against an illicit power that is ruling in explicit violation of the will of those it governs. Populist movements, on the other hand, are aimed at a domestic “establishment” which was formed with the consent of the people but over time has become corrupt—genuinely or allegedly.

Gandhi’s Quit India movement targeted a small—and alien—ruling power denying self-rule (and franchise) to an entire people. Some separatist movements, such as the one in Catalonia in Spain or the Kurds in Turkey and Iraq, are dubbed populist uprisings. Regardless of what one thinks of the justice of their demands, they are, however, more in the vein of anti-colonial struggles like Quit India given that they are directed against an “enemy without.”

Populist movements, by contrast, are a pathology specifically of established democracies where the people already have self-rule. However, the dominant majority feels that this rule no longer works for it because the establishment in control no longer cares for its wishes, or, worse, is actively hostile to it. So these movements are oriented against the “enemy within.” For example, Modi’s populist nationalism is directed against a secular elite that regards the majority Hindu population’s desire for a homogeneously Hindu India as anathema.

This last is a good example of why Populists turn to Authoritarianism: Indians generally do not support such homogeneity.

THE ROAD DID LEAD HIM SOMEWHERE:

Evil and Good in Cormac McCarthy: a review of The Achievement of Cormac McCarthy
By Vereen M. Bell (Reviewed by Michael Yost, University Bookman)

Another such asterisk—one that seems to counteract Bell’s thesis of McCarthy the nihilist, the ironic Diogenes of literature—is McCarthy’s novella/play The Stonemason. The play is set in the Louisville, Kentucky of the 1970s. Its action follows the Telfair family as they cope with the death and legacy of their patriarch, affectionately referred to as “Papaw,” a master stonemason. Papaw’s grandson, Ben Telfair, narrates. He is the only member of the family who has carried the fire. His own father abandoned the family trade, but Ben had a close relationship with his dying grandfather. As the play progresses, McCarthy allows Papaw to become an ideal figure, an image of a good man in a world that often lacks integrity. Papaw’s goodness and integrity come from his trade. Ben comments: “for true masonry is not held together by cement but by gravity. That is to say, by the warp of the world. By the stuff of creation itself. The keystone that locks the arch pressed in place by the thumb of God.” This relationship between the “truth” found in masonry and the cosmos alike is reiterated throughout the play. Indeed, masonry sets the moral standard of the play, and the various character’s proximity to or distance from the craft determines their fate. Ben’s nephew, Soldier, joins a gang and becomes a drug addict. His father commits suicide. Ben occupies the center of the story as leader of his sorrowing family and heir to his grandfather’s wisdom. That wisdom is particular, but also cosmic. Ben speaks of his grandfather:

I see him standing there over his plumb bob which never lies and never lies and the plumb bob is pointing motionless to the unimaginable center of the earth four thousand miles beneath his feet. Pointing to a blackness unknown and unknowable both in truth and in principle where God and matter are locked in a collaboration that is silent nowhere in the universe and it is this that guides him as he places his stone one over two and two over one as did his fathers before him and his sons to follow and let the rain carve them if it can.

McCarthy allows, in a rare moment, for the possibility of a connection between the principle of existence and the phenomena of existence. He sees it incarnate in knowledge of the world, in the logic of human craft. Even if the principal cause of the world is “unknown and unknowable,” it is still “silent nowhere in the universe.” From the creator of the demonic Judge Holden, this is an astonishing sentence. It echoes St. Bonaventure, who wrote that “the entire world is like a mirror full of lights presenting the divine wisdom . . . ” But of course, just as we cannot attribute the Judge’s words to McCarthy, neither can we do the same with Ben. However, this sentence is significant precisely because it runs so much against the grain of McCarthy’s broader work. It is as if, having presented his witness to the reality of evil and steeled himself against it. He felt compelled to quietly testify to the primary existence of goodness and its possibility for human beings. It is primarily because of The Stonemason that I believe McCarthy was not simply an ironist. Bell’s thesis may be true as far as it goes, but it still has to contend with the fact that McCarthy chose to represent both evil and good, both demonic vice and human goodness, both life and death in his work.

And ultimately chose light.

NEVERMIND (profanity alert):

Kinky Friedman, Charles Manson and Fruit of the Tune Records Are Dead (Chris King, July 1, 2024, Common Reader)

This is an obituary, not of Kinky Friedman, but of the record label that he and we shared with Charles Manson.

Fruit of the Tune Records is not robustly documented for posterity. I am assured I did not dream up the matter by two citations on the discography of Kinky Friedman and the Texas Jewboys: Old Testaments and New Revelations (Fruit of the Tune, 1992) and From One Good American to Another (Fruit of the Tune, 1995). Those release dates align with the release date of the Enormous Richard record that Fruit of the Tune distributed, Warm Milk on the Porch, which was 1992. Obituaries tend to begin with the ending, and the end of Fruit of the Tune goes some way toward explaining why the label has left few traces for music historians.

I got a call one day from Bello, one of the two men (the other was Mango) who ran Fruit of the Tune in Montclair, New Jersey. Bello was calling with bad news—perhaps the worst news you can get from your record label. We no longer had a record label. It had ceased to exist. Bello, of the charming smartass type ubiquitous in the indie rock business, explained how after Nirvana exploded with Nevermind in the last quarter of 1991, every label like Fruit of the Tune snapped up a bunch of sketchy bands like Enormous Richard, thinking there was now major money in what had been classified as indie music. The market had since spoken in the form of an historic flood of returns— returns are records returned, unsold, to distributors and labels that had optimistically accounted them as sold. The unprecedented volume of returned product was driving indie distributors and labels out of business, and Fruit of the Tune had sunk in that torrent.

Bello explained to me that our records would be auctioned off at some point along with all of the label’s inventory left from their bankruptcy proceedings. An outlaw for real, Bello had broken into their now former warehouse and stolen some of our CDs—he felt sorry for us—that he said he would mail to us. As for himself, he had chosen the route of tax exile. He named a certain island and said that if I ever wanted to see him, I should go to that island, ask around for the biggest waves, and find a fish taco stand on the beach near the best surf. If he was not riding a wave, he would sell me a fish taco. For Bello was a surfer—yes, a surfer in New Jersey like the young Bruce Springsteen, though the young Bello had surfed in southern California with Dick Dale, when Dale was more or less singlehandedly creating the genre of surf rock.

THE HOLLOW, THE HOLLOW:

Propriety without Principle: The Cautionary Tale of Robert E. Lee (John F. Doherty, 8/07/24, Public Discourse)

Many critics of Lee respond that these good qualities would magnify rather than forgive the evil of his decision to turn against the Union. But Guelzo’s critique is more subtle: Lee’s flaw was that his good qualities were only superficial, not real virtues. He called slavery “evil,” but he never said more, nor was he an abolitionist. Although he never owned slaves, he became executor of his father-in-law’s estate after his death, willingly taking charge of its enslaved population. These people were to be freed within five years, according to the dead man’s will. But when the difficulty of the task wore on Lee, and three slaves tried to escape, in frustration he ordered them to be whipped—with exceptional violence—then sold farther south, never to see their families again.

Lee strove to be responsible, but probably more out of shame for his irresponsible father than from devotion to the good. He aimed for “perfection,” as Guelzo says, and fell into perfectionism—achieving the appearance of virtue rather than its substance. This faux nobility of character was reflected in the unapproachable, statuesque coldness of his manner, unintentionally implied in the epithet “the marble man” that contemporary admirers gave him.

Lee was also not especially religious. He was not confirmed in the Episcopal Church until age forty-six, when his young daughters were. He sat on vestries of Episcopalian parishes, but he rarely spoke of God, except amid the exceptionally fearsome dangers of the war. When he became president of Washington (later Washington and Lee) College, he built a chapel for it, but did not appoint a chaplain; he also limited public religious activity to occasional, closely monitored prayer meetings.

All told, it is hard to pinpoint any moral principle that guided Lee’s life.