Showing posts with label Alexander Hamilton. Show all posts
Showing posts with label Alexander Hamilton. Show all posts

Apr 16, 2019

April 15, 2019: Meaning of Happiness, “Emerging Oligarchy,” We've Already Arrived



The New York Times published an essay by Michael Tomasky concerning this litmus test introduced by MSNBC referred to in the previous post. It involves confronting each candidate with the question of whether they are capitalists or socialists. As stated earlier, it has become vogue in the media to begin the interrogatories with this question as if there were no other than a binary choice.

Tomasky, who is currently a columnist for The Daily Beast and editor of Democracy: A Journal of Ideas, as well as a contributing opinion writer contributed a piece in today's Times congratulating South Bend mayor Pete Buttigieg's handling of the question. (1)

Pete Buttigieg,” writes Tomasky, “who's shown an impressive knack for putting matters well in these early days of the 2020 presidential race, nailed it recently when Chuck Todd of NBC asked him about capitalism. Of course I'm a capitalist, he said; America 'is a capitalist society.'

But, he continued: 'It's got to be democratic capitalism.'

Mr. Buttigieg said that when capitalism becomes unrestrained by democratic checks and impulses, that's no longer the kind of capitalism that once produced broad prosperity in this country. 'And if you want to see what happens when you have capitalism without democracy, you can see it very clearly in Russia,' he said. 'It turns into crony capitalism, and that turns into an oligarchy.” (2)

Precisely, although the United States has never been a purely capitalist society. It began with a largely slaveholding economy and has morphed into a rather mixed economy. Even in the heyday, as noted in previous posts, governments, state and federal, heavily subsidized and protected through tariffs major industries. But the good mayor of South Bend might have added, as regards emerging Oligarchy, that we have already arrived.

Tomasky then takes us through a brief, though incomplete, history lesson. He invokes, quite rightly, the example of Thomas Jefferson who within months of penning the Declaration of Independence was busy writing legislation in the Virginia House of Delegates abolishing the Commonwealth's medieval laws concerning “entail” and “primogeniture”, which served to keep great estates in tact upon the death of the principle, ensuring a dominance of the few landed aristocrats spanning generations.

Was it mere coincidence Tomasky asks, “that he moved quickly from writing the founding document of democracy to writing a bill abolishing inheritance laws brought over from England?”

Hardly,” Tomasky answers. “He believed, as the founders did generally, that excess inherited wealth was fundamentally incompatible with democracy”.(3)

Tomasky then proceeds to cite John Adams: “All elements of society, he once wrote, must 'cooperate in this one democratical principle, that the end of all government is the happiness of the People; and in this other, that the greatest happiness of the greatest Number is the point to be obtained.' 'Happiness' to the founders meant economic well-being, and note that Adams called it 'democratical'”. (4)

Tomasky even evokes Adam Smith, the political economist who founded modern Capitalism and one “whom conservatives invoke constantly today but who would in fact be appalled by the propagandistic phrase 'death tax'--in their time, inherited wealth was the oppressive economic problem” (5)

He is quite right in his reporting, although incomplete. Smith would argue that large concentrations of wealth passed from generation to generation would stifle initiative, ossify markets and strangle innovation. This is precisely what is happening in the United States as large big-box operations drive out small town merchants, killing off the old main streets and nightly vacuuming the proceeds out of town, leaving communities with only the starvation wages paid to workers. Even that isn't enough for the likes of the Walton's who build their stores on the backs of their labor force and at taxpayer expense to the tune, on average, of a million dollars a year in tax breaks and social services. The question facing any budding entrepreneur is: would you risk your life savings on a hardware, grocery store, clothing or any of a number of retail opportunities on the chance that they drop a big box down next to you and take your business? Of course not. And the numbers show. Not only has main street suffered but fewer of the young are going into business or plan to go into business than at any time in the last century. The markets are being stifled as the likes of Walmart and Amazon take over retail. This bodes ill for the greater society.

But let's get back to the founding fathers. Like Smith they would and indeed did support taxation. And, as mentioned in an early post in these columns, Madison, Hamilton and Jay argued in The Federalist Papers for taxation to be based primarily on property rather than a poll or head tax precisely because it was, for the time, the most progressive form of taxation. That is, the wealthier you were in those days the more property you owned since wealth was largely tied to land.

These points are best understood by reading Arthur Schlesinger's The Age of Jackson. Not only Jefferson and, as Tomasky reports, Adams deeply concerned with concentrations of wealth but so were the Masons and Lees of Virginia along with Patrick Henry, Alexander Hamilton and John Jay.

This was no mere coincidence as any cursory reading of The Federalist Papers reveals. The founders were serious students of history and references to the ancient regimes of Athens and Rome as well as medieval experiments in republican government populate the pages. The closely studied how these republics were constituted and what they came to understand were the reasons for their failure.

And that brings us back to where Tomasky began, his reference—albeit brief—to Aristotle.

Tomasky mentions the Greek philosopher only in passing, a nod that Aristotle defined the Oligarchy implying disapproval. There was more to it than that. What he should have acknowledged is that Aristotle who was, in a manner of speaking 'present at creation,' was a democrat because he witnessed how oppressive were the concentration of wealth. What Tomasky failed to mention—because he didn't do his homework and it isn't taught in American schools—is that the Greeks invented democracy not simply to give the citizen power but to give the citizen power so as to bring to heel the Oligarchy. It was to achieve these ends—the happiness of the People—through wealth redistribution that democracy was created in the first place. This is why the rich are always, at base, anti-democratic, and this is why the lessons of history are not taught in the schools.

Please note that happiness here is not meant to be seen as the happiness of the individual. It was Adams who first laid down the dictum of “the greatest good for the greatest number” in explaining what was meant, a refrain echoed a century later back across the Atlantic by Jeremy Bentham as England struggled to rid itself of the old medieval order. It is the happiness of the “People” further underscored by the preamble to the Constitution in which the founders charged the new order with, among other things, providing for the “General Welfare”.

Tomasky is, however, quite right arguing as he does that the understanding of democracy as given to us by our schoolmarms must change. The “word has come to mean the existence and exercise of a few basic rights and principle. The people—the 'demos'--are imbued with no particular economic characteristic. This is wrong. Our definition of democracy needs to change.” (6)

Until then the Russian and American Oligarchies sleep well when they aren't up all night scheming of ways to give the screws another turn.

An Br'er Putin, he jus' laugh and laugh'

Impeach and Imprison

_________________

  1. Tomasy, Michael. “America's Coming Oligarchy” The New York Times. Monday, April 15, 2019. Page A23
  2. Ibid
  3. Ibid
  4. Ibid
  5. Ibid
  6. Ibid

Aug 2, 2018

August 1, 2018: Saxon Mother's Son, Crimes and Misdemeanors, Unfit to Serve



The All-American, bullet-headed, Saxon mother's son”

                     ----The Beatles "Bungalow Bill"

So one can describe one Gerald Rudolph Ford. Ford, who parlayed local celebrity as a jock into several terms in the United States House of Representatives, eventually rising to minority leadership, was moved to quip as Jonathan Turley, professor of public interest law at George Washington University, notes that “An impeachable offense is whatever a majority of the House of Representatives considers it to be at any given moment in history”. (1) Writing in The Washington Post in August of 2014 Turley added parenthetically, “This interpretation was, not surprisingly, part of a frivolous effort to impeach Supreme Court Justice William O. Douglas, whom Ford denounced for espousing “liberal opinions,” for defending the “filthy” Swedish film “I Am Curious (Yellow)” and for writing a magazine article that “praises the lusty, lurid, and risque along with the social protest of left-wing folk singers.” (2)

Giving as he did solace to those who were ardent to impeach Supreme Court Justices,  groups such as the John Birch Society, who campaigned to impeac Chief Justice Earl Warren for decisions ending school segregation, ruling that congressional districts had to be drawn so as to have as equal populations as possible (one- man-one-vote), and that police and prosecutors could not convict if they violate a defendant's rights of substantive and procedural due process (Miranda decision); the man, who in the words of Lyndon Johnson, couldn't walk and chew gum at the same time did, however, stumble upon a basic truth.

For it is a myth that the iniquities of power must reach the high bar of felonious assault upon the republic before the palliative of impeachment can be applied.

No, Virginia, there is no Santa Clause; and yes Virginia the president can be impeached “For Being Ye Publick Ass”.

Benjamin Franklin asserted that the power of impeachment and removal was necessary for those times when the Executive "rendered himself obnoxious," and the Constitution should provide for the "regular punishment of the Executive when his conduct should deserve it, and for his honorable acquittal when he should be unjustly accused." James Madison said, "...impeachment... was indispensable" to defend the community against "the incapacity, negligence or perfidy of the chief Magistrate." With a single executive, Madison argued, unlike a legislature whose collective nature provided security, "loss of capacity or corruption was more within the compass of probable events, and either of them might be fatal to the Republic.”' (2)

It was George Mason who offered up the term "high crimes and misdemeanors" as one of the criteria to remove public officials who abuse their office. Their original intentions can be gleaned by the phrases and words that were proposed before, such as "high misdemeanor", "maladministration", or "other crime". Edmund Randolf said impeachment should be reserved for those who "misbehave". Cotesworth Pinkney said, It should be reserved "...for those who behave amiss, or betray their public trust." As can be seen from all these references to "high crimes and misdemeanors", there is no concrete definition for the term, except to allow people to remove an official from office for subjective reasons entirely.

Alexander Hamilton said, "...those offences which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself."' (3)

Indeed the first federal official impeached and convicted was John Pickering, a federal Judge for “obnoxious behavior” arising from chronic intoxication.

"High" in the legal and common parlance of the seventeenth and eighteenth centuries of "high crimes" signifies activity by or against those who have special duties acquired by taking an oath of office that are not shared with common persons. A high crime is one that can only be done by someone in a unique position of authority, which is political in character, who does things to circumvent justice. The phrase "high crimes and misdemeanors" when used together was a common phrase at the time the U.S. Constitution was written and did not mean any stringent or difficult criteria for determining guilt. It meant the opposite. The phrase was historically used to cover a very broad range of crimes. The Judiciary Committee's 1974 report "The Historical Origins of Impeachment" stated: "'High Crimes and Misdemeanors' has traditionally been considered a 'term of art', like such other constitutional phrases as 'levying war' and 'due process.' The Supreme Court has held that such phrases must be construed, not according to modern usage, but according to what the framers meant when they adopted them... (4)

It was from the English legal tradition that we borrowed the phrase “high crimes and misdemeanors”, and here the example is telling:

Since 1386, the English parliament had used the term “high crimes and misdemeanors” to describe one of the grounds to impeach officials of the crown. Officials accused of “high crimes and misdemeanors” were accused of offenses as varied as misappropriating government funds, appointing unfit subordinates, not prosecuting cases, not spending money allocated by Parliament, promoting themselves ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to keep him from running for Parliament, losing a ship by neglecting to moor it, helping “suppress petitions to the King to call a Parliament,” granting warrants without cause, and bribery. Some of these charges were crimes. Others were not. The one common denominator in all these accusations was that the official had somehow abused the power of his office and was unfit to serve.”(5) Indeed, Nixon was impeached for, among other things, not spending money allocated by Congress. By these standards we can now add appointing unfit subordinates to the growing list of impeachable offenses.

No, Virginia, there is no Santa Clause; and yes Virginia the president can be impeached “For Being Ye Publick Ass”, among many more transgressions.

An Br'er Putin, he jus' laugh and laugh”

Impeach and Imprison.

____________________

(1). Turley, Jonathan. https://www.washingtonpost.com/opinions/five-myths-about-impeachment/2014/08/01/

  1. Ibid.
  2. Ibid
  3. Ibid.