Welcome to Curmudgeon Corners, homeland of the eternally disgruntled, the perpetually disaffected, the terminally opinionated, the fatally flawed. As the author of 22 published novels (a complete list of my published works can be found on my website: stephensolomita.com), I was appointed town mayor by a committee of one. But all are welcome and dissenting opinions are encouraged. Safe is not the town pastime in Curmudgeon Corners. We do brawls instead.
Tuesday, August 29, 2017
RIDE EM COWBOY
I've been listening to C-Span's call in program, National Journal, for the past few days. The topic each day has been the disaster in Texas, as you'd expect, and a lot of Texans have called in. Funny thing, not a single one has advocated secession. In fact, the calls expose the great conservative hypocrisy. One consistent thing about conservatives, they're only self-reliant until they need help.
Friday, August 18, 2017
QUICK HIT #10
Don the Con is
planning to hold a campaign-style rally at the Phoenix Convention Center next
Tuesday. The Mayor’s asking him to
cancel, but Trump is so far unwilling to comply. So, will his racist-right
supporters also make an appearance, banners unfurled? And how large will the
anti-Trump demonstrations be? The stakes are high on all sides, the potential
for violence extreme.
Hitler’s
Brownshirts, formally called Sturmabteilung (Storm Detachment), originally
functioned to protect him at rallies and intimidate opponents in the years
prior to his political success. He made no public appearances without them. Although
he had its leaders murdered (the Night of the Long Knives) after he got control
of the German military, the Brownshirts were essential in the early days,
fighting off anti-Hitler demonstrators, intimidating opponents, engaging in
massive street fights with the usual collection of Communists, socialists and
anarchists. At its height, just after Hitler came to power, Sturmabteilung
claimed to have 3,000,000 men under arms, more than 30 times the size of the
German Army.
I believe the
racist-right organizations who carried those torches in Charlottesville are
waiting for Trump to call. I believe they’re convinced that he’s certain, at
some point, to order them into action. The Southern Policy Law Center keeps
directories listing America’s hate groups. One such directory, of groups who
fought in Charlottesville, contains photos of 18 flags, representing 18
organizations. Each of these hate groups believes in a violent revolution to
come, a race war they’ve already armed themselves to fight. The photos of armed
participants from the racist-right at Charlottesville are chilling, men in full
military regalia carrying assault rifles with extra magazines in pouches attached
to their bullet-resistant vests. Virginia’s governor, Terry McAuliffe, later
claimed that the State Police were outgunned and intimidated by dozens of armed
men. Leaving aside the pathetic element to that claim, what’s clear is that our
open carry laws have created tensions that cannot be defused until after the
first trigger is pulled.
Modern assault
rifles are generally fitted with 50-round magazines. They can be fired as fast
as you can pull the trigger.
Wednesday, August 16, 2017
QUICK HIT #9
QUICK HIT # 9
OK, so I’m
watching a gaggle of talking heads on MSNBC review a Vice News clip from an
interview with Christopher Cantwell, the white supremacist, conducted by the
fearless Elle Reeve, a woman with the face of an ingenue and the instincts of a
crocodile. Reeve at one point, asks Cantwell about the death of Heather Heyer.
“I think,” Cantwell
unhesitatingly replies, “a lot more people are gonna die before we’re done
here, frankly.”
The MSNBC
pundits were shocked by this news, as if anything else could have been meant by
the “blood” part of “blood and soil.”
The Brownshirts
are coming.
Monday, August 14, 2017
THE BROWN SHIRTS ARE COMING
Twice during last year's presidential campaign, Donald Trump threatened to call his supporters into the streets, just before the nominating convention, then again just before election day. There would be, he declared, a violent response on the part of his supporters if he was cheated in any way. I think it useful, therefore, to point out that armed militia types were on the streets of Charlottesville over the weekend. I can say this with absolute assurance because photographs of these armed men and women are easily uncovered by a Google-Image search.
Assault rifles, sniper rifles and shotguns. In this case, as in prior cases, the appearance of these militia types amounted to little more than posturing. Will that continue? If, perhaps, Trump's presidency is threatened? If, perhaps, he calls his supporters into the streets as he's already threatened to do?
Never forget, Don the Con's every instinct is totalitarian.
Saturday, August 12, 2017
OUT OF THE CLOSET AT LAST
Is there anyone out there who still denies that race is at the heart of the rise of the Republican Party in general, and Donald Trump in particular? Anyone?
In a previous post, I included a list of white supremacists supporting Trump. I think it useful to re-post that list. First, however, let me provide a two-part working definition of white supremacist. One, the belief that race is a valid concept, which, in fact, it is not. Two, that one or more races is inherently superior to another race or races.
A few days ago (during the campaign), I did a simple search for “white supremacists supporting Donald Trump.” I expected to uncover five or six fully-committed types, but found dozens instead. A short list follows, only enough to make the point, but it's important to remember that these individuals jumped onto the Trump bandwagon before he was nominated.
In a previous post, I included a list of white supremacists supporting Trump. I think it useful to re-post that list. First, however, let me provide a two-part working definition of white supremacist. One, the belief that race is a valid concept, which, in fact, it is not. Two, that one or more races is inherently superior to another race or races.
A few days ago (during the campaign), I did a simple search for “white supremacists supporting Donald Trump.” I expected to uncover five or six fully-committed types, but found dozens instead. A short list follows, only enough to make the point, but it's important to remember that these individuals jumped onto the Trump bandwagon before he was nominated.
Rocky J. Suhayda: head of American Nazi Party: We have a
wonderful OPPORTUNITY here, folks, that may never come again at the RIGHT
time.”
Andrew Anglin: Runs the Daily
Stormer: “The biggest story in the filthy kike media has been a few lines
from Melania’s speech which these Jews claim she stole from Monkey Michelle.”
David Duke: the only white supremacist Donald Trump formally
disavowed.
Alex Linder: National Alliance (Neo-Nazi group) “Only Trump
can turn back the brown tide and white folks know this.”
Don Black: former KKK Grand Dragon: “Trump resonates with
many of our people, of course….”
August Kreis III: former Aryan Nations Minister of
Information and Propaganda: “I will always hate the Jew. This government is run by an evil group of
people, and please vote for Trump.”
Rachel Prendergast: national organizer for the Rights Party
(KKK affiliated): “Trump is one example of the alternative-right candidate
Knights Party members and candidates are looking for.”
John Ritzheimer: Anti-Islam strategist who participated in
the Oregon Occupation: “We will level and demolish every mosque across this
country.” Showed up at Trump rally with a bullhorn.
Gerald DeLemus: Chief of Security for Cliven Bundy: Co-Chair
of Veterans for Trump in New Hampshire: “At least Donald Trump is offering a
solution. I know who gets my vote.”
Michele Fiore: formally endorsed Trump: “I am not OK with
terrorists. I am not OK with Syrian refugees. Just put a piece of brass in
their oracular cavity and end their miserable life.”
James Edwards: founder of white supremacist website
VDARE.com: “Our people just needed a viable candidate and they’ve identified
Trump as that man.”
Brad Griffin: founder of white nationalist website
Occidental Dissent: “The signal has gone out to join the Trump campaign and to
openly organize in the mainstream….”
Mathew Heimbach: leader of Traditionalist Workers Party:
“Hail, Emperor Trump. Hail, victory.”
Richard Spencer: head of the National Policy Institute: “Do
you think it’s a coincidence that everybody like me loves Trump and supports him?”
Tuesday, August 8, 2017
GROW UP RANT
So, maybe you
think it can’t get worse? Maybe Trump’s Obamacare-repeal failure has you giddy
and you’re looking forward to another victory over the Republican’s tax cut
(please don’t call it tax reform) plan? Well, you need to stop looking at the
trees, entrancing as they may be. Look at the forest, instead, specifically at the
grove tucked behind that hill. We call that particular grove the Senate
Judiciary Committee and it’s a busy, busy, busy place.
Thus far, Don
the Con has appointed 34 individuals – 27 men and 7 women – to positions on the
Court of Appeals or the District Court. With 100 to go, he will, before he
finishes his first term, have appointed 15% of the judges who sit on those
courts.
Let’s take a
look at three of these appointees.
Kevin Newsome,
nominee for the 11th Circuit. In 2000, Newsome’s law review article
likened Roe v. Wade to Dred Scott vs. Sandford. Decided in
1857, Judge Roger Taney’s opinion in Dred
Scott included his belief, which became law when the decision was
announced, that “a black man has no rights that a white man is bound to
respect.” Newsome served for a time as Alabama’s Solicitor General, where he
expressed his disappointment with a Supreme Court decision (Roper vs. Simpson) that made it
unconstitutional to execute juveniles like George Stinney, who was electrocuted
at age 14. Stinney deserved every volt, of course, because he murdered two
little white girls. That no corroborating physical evidence existed was a mere
technicality. Alabama, by the way, is one of only a few states that doesn’t
provide free lawyers to its death-row prisoners. You wanna appeal? Read a law
book.
John Bush, nominee
for the Court of Appeals: John Bush has an easily-accessed history. Under the
pseudonym, G. Morris, he maintained a blog entitled Elephants in the Bluegrass.
On October 7, 2008, G. Morris posted the following:
“The government
of Kenya is holding WND (World Net Daily) staff reporter Jerome Corsi in custody
at immigration headquarters after police picked him up at his hotel just prior
to a scheduled news conference in which he planned to announce the findings of
his investigation into Barack Obama’s connections to that country.”
Want more?
“The two
greatest tragedies in our country’s history – slavery and abortion – relied on
similar reasoning and activist judges on the Supreme Court.”
If this posting
was about slavery, I’d explain that the right to own slaves was protected in
our founding document, specifically by the three-fifths clause, the fugitive
slave clause and a clause that secured the continuation of the international
slave trade for a minimum of twenty years. But this posting is not about
slavery or the Constitution. I move on.
Amy Coney
Barrett, nominee for the U.S. Court of Appeals. Barrett clerked for Antonin
Scalia and worked for a time at the law firm of Miller, Cassidy, Larocca &
Lewin, which merged into Baker, Botts. From private practice, she migrated to Notre
Dame’s law school. She is now a full professor.
Barrett’s time
in private practice was short, but in the main she represented white collar
defendants on the hook for defrauding the government. She was also on the team
that represented George Bush in Bush vs.
Gore. Neither activity condemns her, of course. You’d hardly expect Donald
Trump to appoint the lead counsel for the American Civil Liberties Union. But
there is one element of her background that should give us pause.
As conservative
overall as Alito, Thomas and Gorsuch, Barrett has taken her jurisprudence to a
new extreme. Neither prior decisions (stare
decisis) or even the law itself, as written, should take precedence over a
judge’s religious beliefs. In an article entitled “Catholic Judges in Capital
Cases,” she condemned William Brennan (a fellow Catholic) for writing, “There
isn’t any obligation of our faith superior” to the judicial oath. “We do not,”
she added, “defend this position as the proper response for a Catholic judge to
take with respect to abortion or the death penalty.”
Handpicked by
the Federalist Society and Heritage Action, the rest of Trump’s nominees all
fit neatly into a circle of judges who view the post-Civil War period as the
golden age of American jurisprudence. The Federalist Society is packed with
similar thinkers. They will describe this era, if you should run into one at a
cocktail party, as a time when the court defended liberty as the framers
understood it. That may be true, but the liberty was only for the rich and
powerful – as the rich and powerful were the only Americans represented at the
Constitutional Convention in Philadelphia. Yes, the Field Court, named for Stephen
Johnson Field, voided nearly all attempts to regulate the workplace, but liberty
for individuals was hard to come by. Censorship of every kind prevailed, along
with laws against blaspheming the Sabbath, public indecency, interracial
marriage, sodomy, illegal assembly and the union shop. And then there’s vagrancy.
Throughout this period, which lasted from the end of the Civil War until, at
the earliest, the start of the New Deal, you could be imprisoned for not having
a job. What kind of liberty is that?
That, my
friends, is the kind of liberty the Supreme Court had in mind when they defended
the sacred right of corporations to back their speech with cold, hard cash. The
more, the better.
Friday, August 4, 2017
THEY NEVER STOPPED RANT
They’re not at it
again. They never stopped.
Many of us are
familiar with the illegal voter purge in Florida that put George Bush in
office, a criminal action on the part of his brother, Governor Jeb Bush, and Florida’s Secretary of State, Katherine Harris. Acting in concert, they purged 57,700
names from the voter rolls despite federal and state court orders to cease and
desist. Among other atrocities, they obtained a database of Texas felons, ostensibly
to identify felons who’d moved from Texas to Florida and remove them from voter
rolls. Convicted felons were not allowed to vote under Florida law, but the law,
in this case, was a mere fig leaf to cover the overall goal of eliminating
Democratic voters. Felons were allowed to vote in Texas and no state can
override the laws of another. The purge was illegal from day one.
Jeb Bush and Katherine Harris had to know
this because they were informed of the fact by a federal court. They forged
ahead, nonetheless, all scruples conveniently suppressed.
The State of
Florida, in an effort to keep its fingerprints off the theft, contracted the
actual work to a company named ChoicePoint, awarding the company a $2,317,700
no-bid contract. Later, dragged into a congressional hearing by Congresswoman
Cynthia McKinney, ChoicePoint admitted that when comparing names on the Texas
list with Floridians, it did not use Social Security numbers, did not verify
addresses, did not conduct a single interview and added a name to the purge if a
comparison of two surnames provided a 90% match.
Take a second to
absorb the implications. Florida removes 57,700 voters from its registration
files. George Bush wins Florida and the presidency by 537 votes. Bush appoints
John Roberts and Samuel Alito to the Supreme Court. Bush engineers a tax cut
that doubles the national debt. Bush lies us into a war in Iraq, fundamentally
upsetting the balance of power between Shia and Sunni in the Arab world.
Are we having
fun yet?
Voter ID laws have
drawn a lot of attention over the past few years, but the stakes, in the case
of voter ID requirements, are very small compared to what Republicans are
trying to accomplish through voter registration purges.
Kris Kobach is
Secretary of the State of Kansas and Chairman of the Republican State Party.
Like most Secretaries of State (like Katherine Harris), he supervises all
elections in Kansas, including federal elections. At the same time, as if he
didn’t have enough to do, Kobach is the co-chair of Trump’s Commission on
Election Integrity and the driving force behind a consortium of
Republican-dominated states, 27 in all, who participate in the Interstate
Crosscheck System.
Never heard of
the Interstate Crosscheck System? You’re not alone.
In North
Carolina, the chief of the Board of Elections, using numbers generate by ICS,
testified that 35,750 voters registered to vote in North Carolina were also
registered in another state. How many prosecutions resulted from this
revelation? None. But that didn’t stop the State of Virginia from purging
41,637 names from its voter rolls, using the same bogus identification
techniques that Bush used in Florida, with no middle name match, no Social Security match and no personal
interviews.
More than
850,000 individuals residing in America bear the surname Garcia. If your last
name is Washington, there an 89% likelihood that you’re African-American. This
is how the game is played. The targeting of minorities by the Republican Party,
acting in concert, is two-pronged: Voter ID laws that make it harder for
minorities to vote and voter purges that remove minorities from voter rolls,
often without notification. Trump’s Commission on Election Integrity, headed by
Kris Kobach, is currently demanding voter-registration data from every State in
the Union. Surely, its aim cannot be to prove that massive voter fraud exists.
If it did, the Interstate Crosscheck System would have already produced
thousands of arrests. No, Republicans mean to extend the sort of voter purges already
happening in Republican-dominated states, using techniques developed by Jeb
Bush in Florida, to the entire nation. I mean, why steal thirty or forty
thousand votes when you can steal millions?
Russia conducts
regular elections, as do China and Turkey, but it doesn’t make them democratic.
If Republicans have their way, the United States will soon join them. Welcome to the New World Order.
Monday, July 31, 2017
TAX REFORM MY ASS RANT
The Republican
effort to deprive 20 million Americans of health care having failed, the Grand
Old Party is turning to what they’ve decided to call Tax Reform. I use caps
here only to draw the reader’s attention to the basic fraud. Republicans are actually proposing enormous tax
cuts that will, inevitably, accrue to the richest and most powerful American
families.
So, what would
these tax cuts look like? At present, the various proposals are sketchy, but
they include some common elements.
The corporate
tax rate would be reduced from 35% to 20% (congressional plan) or 15% (Trump
plan).
The estate tax,
only applicable to individuals with estates above 5.45 million dollars, less
than 1% of all estates, would be eliminated.
The alternative
minimum tax, applicable only to those with so many deductions, through so many
loopholes, they would otherwise pay little or no taxes, would be repealed.
Taxes on
business conducted overseas by American companies would be reduced to zero.
The current
high-end tax on income, now 39.5%, would drop to 33%.
Rather than cite
estimates of who gets the dough, I invite readers to re-scan the above items while
asking themselves a simple question: Does this benefit me? If you answer in the negative, don’t fret.
There’s a bone for the doggy. Standard deductions for individuals and married
couples will double. That accounts for about 3% of the total. As for the rest?
Hey, Bill Gates hasn’t had a tax cut in years. Give the poor guy a break.
How to pay for
this, or at least pay for enough to cover the bill’s private parts with a fig
leaf? Well, the original plan called for the money saved by repealing the ACA -
a claimed 250 billion through tax cuts and reduced Medicaid spending over ten
years – to be applied to the Republican tax plan. That’s out the window now,
which reduces Republican options to exactly one. Slash spending. Thus, Trump’s
proposed budget includes savage cuts – ten-year cuts - to social spending
programs.
Medicaid and
children’s health programs: 616 billion.
Food stamps and
block grants designated for needy families: 272 billion.
Disability: 72
billion
Federal employee
retirement benefits: 63 billion
Financial
regulation (by changes to Dodd-Frank): 35 billion
Aid to education: 9.2 billion
Once again, I invite
readers to examine the above list. How many of these items are likely to affect
you or someone you know? How many on the first list? Who wins? Who loses?
One final note. Trump’s
tax cuts will add 7 trillion dollars to the deficit over the next decade, even
with the budget cuts, most of which he won’t get. That’s 700 billion per year, considerably more than 100% of our current deficit. But have no fear. According
to our leader, Don the Con, we can deduct 2 trillion from the bottom line
because an inspired growth fairy will show up to expand the economy. This is
the same growth fairy conjured up by Ronald Reagan, George H. Bush and George
W. Bush. All three invoked the growth fairy’s holy name again and again, but she
never responded and deficits ballooned, a fact that can be verified by a
one-minute search for “federal deficit spending in constant dollars”.
It’s sad, taken
all in all, but the saddest part is still to be named. The deficits produced by
the long-planned Republican tax cuts will, of course, add to the national debt,
providing Republicans with cover when they propose ever more savage cuts to
social spending. Before we go over that pesky fiscal
cliff.
Friday, July 28, 2017
QUICK HIT #8
The Mystery:
Russia’s desire
to repeal the Magnitsky Act and its sanctions has become pretty obvious, as
it’s becoming more and more apparent that repeal of those sanctions is Putin’s price
for helping Trump win the presidency. But if repeal is the aim, you’d think
Putin would be trying to appease the United States and its allies, not
antagonize them.
Make no mistake,
Putin and the Oligarchs are ripping their country off to the tune of hundreds
of billions of dollars and they want to stash the loot outside the country.
Why? Because they fear sharing the fate of Ukraine’s former, pro-Russian President,
Viktor Yanukovych. Yanukovych fled his country in the face of a popular
uprising, running, if not for his life, at least for his liberty. If there’s
anything crooked oligarchs hate, its imprisonment by their victims.
Yanukovych is currently residing in Russia.
Perhaps he and Puttin have met from time to time, reminiscing on the good old
days when they sucked the Ukrainian economy dry. But even if they haven’t, even
if Yanukovych has fallen too far to be accorded a royal audience, Putin can’t
help but think, “If it can happen next door, why not here?”
Right now, despite a high poverty rate
and falling wages, the Russian people continue to support Putin. That comes as
no surprise, what with the murders of journalists and political competitors,
the suppression of anti-Putin demonstrators, and state-control of almost all
elements of the media. But the future is cloudier. The Russian economy, after nine
quarters of recession is finally moving forward, but at an anemic rate, a mere
.5%. And with the United States expected to become among the world’s largest
exporters of oil by 2020, Russia’s economy isn’t likely to boom anytime in the
near future. You have to sell a lot of caviar and vodka to compensate for $50 per
barrel oil prices.
For dictators
the world over, moving a substantial portion of your loot into a safe harbor,
in case you have to make a run for it, is a priority. Losing power is one
thing, going broke another, serving years and years in an eastern-European jail
still a third.
Given the need to protect his ill-gotten gains, you'd think Putin would do everything he
could to maintain prosperity and stability in the West. But Putin’s effort to
destabilize the very countries he counts on to protect his money is virtually
undisputed. Now these countries are biting back and biting
hard. Russian oligarchs wake up these days to find their laundered money
frozen, themselves banned from travel to the West and their pet banks unwilling
to do business with Russian crooks.
To my beloved wife,
Putin’s actions are no mystery at all. Putin’s sense of his own greatness, in
her opinion, far exceeds any rational measure of his abilities, just like
Trump’s. We’re looking at grandiosity, pure and simple, and Vladimir Putin’s
just another deluded psychopath who thinks he’s too smart to get caught. Jails
around the world are full of people exactly like him.
I’m not crazy
about comparisons between Trump and Putin. That because I’m pretty sure that
Trump, if he wasn’t born rich, would be driving a truck. Putin, on the
other hand, made his way up the ladder, one claw-hold at a time. I have to
think, what with all the pundits who talk about him playing three-dimensional
chess to Trump’s checkers, that Putin’s too smart to destabilize the economies
of countries that hold and protect his money. Then why….
But that’s the
mystery part, and if I had an answer that passes the stink test, it would’ve
started this posting. As it is, I’m resisting the obvious, that Vladimir Putin, like Don the Con, is simply irrational. That one’s just a bit too frightening.
Monday, July 24, 2017
QUICK HIT #7
Jared Kushner
gave his much-awaited public statement earlier this afternoon. If true in all
its details, I’d have to say it looks pretty good for Jared. That’s one of those
really-big ifs, however, and only
time will tell. But one sentence did tickle at the edges of my bullshit-detector.
Not the part about not colluding with the Russians, or knowing of anyone who
colluded. Rather, following that disclaimer, Jared (or, more likely, his
lawyers) wrote: “I have not relied on Russian funds to finance my business
activities in the private sector.”
The word “relied”
is a weasel word if there ever was one. For example, even though the mortgage
on my house is entirely held by Citibank, I can always claim that I never
relied on Citibank because I submitted mortgage applications to Chase and Wells
Fargo. Kushner never denies taking money from Russia, whether through a bank or
an oligarch. He simply claims not to have relied on Russian largesse.
Not good enough,
folks, and just now, reading through his statement again, I’d eagerly take an
even-money bet that Russian money found its way into the Kushner business
empire. Anybody out there want the other side?
SECOND AMENDMENT REMEDIES MY ASS RANT
In January of 1787, just a few months
before the Constitutional Convention in Philadelphia, four thousand armed men,
led by several revolutionary war officers, including Daniel Shays, marched on
the federal armory in Springfield, Massachusetts. Their purpose, clearly
stated, was to overthrow the government in Boston and write a new constitution.
These same men had been active throughout the winter of 1786-1787, shutting
down courthouses in six, widely-separated counties.
Farmers all,
they had grievances aplenty, though whether an outright rebellion was justified
is a matter of debate among historians. But justification isn’t the point of
this posting. We don’t have to root for one side or the other to admit that
this was a Second Amendment remedy and every bit as purposeful (if not as effective) as the
Revolution that ousted King George. Most of the rebels – and each of their
leaders – were battle-tested Revolutionary War veterans and they knew how to
fight.
The State of
Massachusetts initially called out its various militias, only to discover that
many of them were already under arms. They were marching alongside Daniel
Shays. The State then petitioned the federal government, formed at that time under
the Articles of Confederation. Though sympathetic, the Congress took a pass. It
had neither an army, nor the taxing power to raise an army. So sorry.
The mercenary
force that eventually rode out to confront the rebels was hired by a small
group of Boston bankers, the same bankers who’d been preying on the farmers now
in revolt. General William Shepherd commanded this army as it headed off to
battle, forty-five hundred strong. No fool, Shepherd knew that if Shays took
the Springfield Armory, the rebels would be the best-armed force in the region,
more than a match for anything the state could throw at them. He had to get
there first and he did.
Shepherd found
what he needed inside, several cannons, one of which he filled with grapeshot
and fired waist-high into a rebel charge. And that was that, at least as far as
the revolt was concerned.
Shays and his
cohorts weren’t the first to rebel, even in Massachusetts, only the most famous.
In 1782, five years before, a preacher named Samuel Ely organized a Second
Amendment solution of his own. The muster form for his ragtag, and ultimately
unsuccessful, army included the following pledge: “We do Each of us acknowledge
our Selves to be Inlisted… for the Suppressing of the tyrannical government in
the Massachusetts State.”
Other states
experienced similar uprisings as courts were shut down by angry farmers in one
state after another. Shays’s Rebellion was special because it caught the attention
of a relatively small group of men who wanted a more powerful central
government, men like George Washington, James Madison Alexander Hamilton,
Elbridge Gerry of Massachusetts, James Wilson of Pennsylvania and Charles
Pinkney of South Carolina. One and all, they were outspoken nationalists who
wished to transform what amounted to an alliance of nation-states into a single
nation.
Writing as an
observer of Shays’s Rebellion, General Henry Knox, Washington’s Artillery
Commander during the Revolution, described the rebels as “levelers”, equivalent
in that era to the 20th Century charge of Communist. “Their creed is
that the property of the United States has been protected from the confiscation
of Britain by the joint exercise of all, and therefore ought to be the common
property of all….”
Writing back, Washington told Knox that he
expected the nation to be “much tumbled and tossed, and possibly wrecked
altogether.” Later, he explained, “I could not resist the call to a convention
of the States which is to determine whether we are to have a Government of
respectability… or are to submit to one which may be the result of chance or
the moment, springing perhaps from anarchy and Confusion….”
Others chimed
in. According to James Madison, “The insurrection in Massachusetts admonished
all the States of the danger to which they were exposed.” James Wilson, later a
Justice of the Supreme Court, echoed Madison’s and Washington’s opinions. “The
flames of insurrection,” he declared, “were ready to burst out in every
quarter….” Wilson wasn’t describing the situation in Massachusetts, but
conditions in western Pennsylvania.
Charles
Coatesworth Pinckney of South Carolina committed the obvious remedy to paper.
“There must be a real military force,” he wrote. “The United States has been
making an Experiment without it, and we see the consequences in their rapid
approach to anarchy.”
On May 25, 1787,
representatives from every State except Rhode Island met to form a new, far
more powerful, truly national government. These men (all, of course, were male)
were among the richest and most powerful in the country. They represented many
interests, including men with large agricultural holdings, like the Livingstons
who owned 160,000 acres spread out along the Hudson, and George Washington who
owned 317 slaves. One agricultural interest, however, went virtually unrepresented,
the interest of small farmers like Daniel Shays, who comprised 70% of the
population. No, the delegates in Philadelphia were determined to put this class
of Americans in its place. And they did.
Five Examples,
all found in Article 1:
Article 1,
section 10, clause one: No state shall “impair the obligation of contracts.”
One form of relief certain states allowed hard-pressed farmers was a postponement
of the due date for payments on mortgages and loans. These were called “stay
laws” and states would no longer have the power to write them.
Article 1,
section 8, clause 5: “No state shall… make Anything but gold and silver Coin a
Tender in payment of debts.” Some states had issued paper money because gold
was so scarce. In rural areas, where these small farmers raised their families,
gold was literally not to be found, which made it impossible to pay taxes and
debt obligations. Paper money, under these circumstances, was a blessing when
it was handled properly, but it would be a blessing no more. Once the
Constitution was ratified, the federal government would control the supply of
money.
Article 1,
section 8, clause one: “The Congress shall have the Power to lay and collect
Taxes….”
Article 1,
section 8, clause 12: “The Congress shall have the power to… raise and support armies.”
Article 1,
section 8, clause fifteen: Congress is given the power, “To provide for calling
forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.”
Article 1,
section 9, clause 2: The privilege of the writ of habeus corpus shall not be suspended, unless when in cases of rebellion or invasion the
public safety may require it.”
OK, so I stuck
in my own italics. The obvious nevertheless remains the obvious. The framers of
our founding legal document (the
Declaration of Independence is not a legal document) provided the delegates
with the means to confront and contain a problem, not in the distant past or
the far future, but a problem at hand, an ongoing problem as events would
prove.
Beginning in
1791, two years after George Washington became our first President, farmers in
western Pennsylvania, incensed by an excise tax on whiskey, started what has
come to be called the Whiskey Rebellion. Again leaving aside the merits of
their grievances, they initially enjoyed enough success for them to be
declared, by Supreme Court Justice James Wilson, to be in a state of rebellion. That allowed
Washington to call up the militia which he promptly did, eventually assembling
an army of 13,000 men from New Jersey, Pennsylvania, Virginia and Maryland.
With Washington in the lead (the only time in American History when a President
rode into war at the head of an army), they proudly marched off. True, the
rebellion was pretty much over by then, but a point had to be made. Never again
would the United States of America tolerate a Second Amendment solution for any
grievance, no matter how just.
Second Amendment
solution advocates commonly turn to Thomas Jefferson and the Declaration of
Independence for justification. So, I’m going to close with a passage Jefferson
included in a letter to C. W. F. Dumas shortly after the Constitution was
signed.
“Happy for us,
that when we find our constitution defective and insufficient to secure the
happiness of our people, we can assemble with all the coolness of philosophies
and set it to rights, while every other nation on earth must have recourse to
arms to amend or to restore their constitutions.”
Sorry, but I
can’t resist on more jibe. In 2014, Clivon Bundy, assisted by a few hundred
Second Amendment remedy types, stood off the Bureau of Land Management for a
couple of months. I’m sure they were very proud of themselves, what with the
cammo gear, the cartridge belts, the side arms, the AR-15’s, the K-Bar knives,
the MRE’s. But I particularly recall video of perhaps fifty of them stretched
out along a highway overpass. Though I’ve never been to war, even I had the
good sense to pose an obvious question.
“What exactly do
they plan to do when the helicopter gunships come over the hill?”
Credit where
credit is due. I drew the facts in this piece from a number of sources, but I
owe a special debt to a book by Leonard L. Richards: Shays’s Rebellion. It’s impossible to come away from reading the
book and still believe the founding fathers supported Second Amendment
remedies.
Friday, July 21, 2017
QUICK HIT #6
I’ve just
finished watching OJ’s parole hearing, the hearing and the small army of
talking heads chosen by MSNBC to comment. Curiously, all agreed on one item.
The State of Nevada chose to punish O.J. Simpson for the California murders
when it sentenced him to 33 years for an armed robbery, first offense.
Supporters of the Goldman and Brown families pronounced the state’s actions righteous.
Experienced defense lawyers, by contrast, cited the dangers of allowing the
government to punish a defendant after an acquittal. But each acknowledged the excessive
nature of the sentence.
For some reason,
as I followed the very predictable chatter, I found myself thinking of James
Comey. Despite the FBI Agents and Assistant AG’s from the Justice Department
agreeing unanimously that no case against Hillary Clinton existed, Comey
decided to punish her anyway. His press conference was bogus from the
beginning. I invite readers to do a Google-Image search for “classified
documents”. You will find hundreds of examples, each with a header on the first
page identifying the document as classified, secret, top secret, etc. Comey, in
examining roughly 60,000 emails, did not find a single email containing a
document so-marked. Instead, he told us, the investigation had turned up 20
(out of 60,000) emails that discussed a classified matter somewhere in the body
of the document. In his opinion.
Was Comey’s
opinion shared by each of the FBI Agents assigned to the case? How about the
Assistant AG’s who examined the FBI’s findings? And then there’s Hillary’s
staffers and Hillary, herself. Did she or any of her staffers challenge Comey’s
determinations?
This is why we
have trials, folks. This is why we place the facts before neutral bodies called
juries. This is why we allow defendants to challenge the evidence. This is why we don’t
allow cops to punish. And make no mistake, James Comey, as Director of the FBI,
was a cop. Highly-placed, true, but still a cop. He was not, for instance, a prosecutor, a juror, or a
judge – he just played all those parts on TV. For the benefit of Donald Trump.
There are
countries (including Russia) all over the world that allow cops to punish. Cops
are freely able to detain individuals without charge, to inflict physical
abuse, including torture, to finally release or murder their victims. No messy
prosecutors, no judge, no jury. And this isn’t about a left-right,
progressive-reactionary divide. This is about tyrannical regimes where
dictators guard their power with brute force. Mess with me and I’ll kill you.
Sabotage the
Democrat? Help elect a man whose every instinct is totalitarian? Thanks, James.
Wednesday, July 19, 2017
READ IT AND WEEP
The following is
from Foreign Policy: http://foreignpolicy.com/2017/07/12/doj-settled-massive-russian-fraud-case-involving-lawyer-who-met-with-trump-jr/
"Democratic
congressmen on the House Judiciary Committee want to know why Attorney General Jeff Sessions
abruptly settled a money laundering case in May involving the same Russian
attorney who met with Donald Trump Jr. during the presidential election to
offer “dirt” on Democratic candidate Hillary Clinton.
"The civil forfeiture case was filed in 2013 by Preet
Bharara, the former U.S. Attorney for the Southern District of New York — who
was fired by Trump in March. The case alleged that 11 companies were involved in a tax fraud
in Russia and then laundered a portion of the $230 million they got into
Manhattan real estate.
"The forfeiture case was heralded at the time as “a
significant step towards uncovering and unwinding a complex money laundering
scheme arising from a notorious foreign fraud,” Bharara said. “As alleged, a
Russian criminal enterprise sought to launder some of its billions in ill-gotten
rubles through the purchase of pricey Manhattan real estate.”
But Instead of proceeding with the trial as scheduled, the
Trump Justice Department settled the case two days before it was due to begin.
By then, Bharara had already been axed by the president. Bharara’s assistant
did not immediately respond to request for comment.
"In May, the Justice Department settled the case for $6
million instead of $230 million and did not demand any admission of wrongdoing.
According to the lawmakers’ letter to Sessions, Veslnitskaya was surprised by
how generous the settlement was, telling one Russian news outlet the penalty
appeared like `an apology from the government.'”
Quoniam res ipsa loquitor. The thing
speaks for itself
Tuesday, July 18, 2017
QUICK HIT #5
Today the Republicans
finally gave up the ghost on the repeal-and-replace of Obamacare, an especially
craven capitulation, even by political standards. After all, they did vote a
straight repeal many times before they had the power to carry through. I guess
the thought of 20,000,000 people losing health insurance had them more concerned
with their political health than with revealing their punk-ass propensities.
Although my wife
(I’m insured by Medicare) is one of those people who’s seen their premiums rise
by 50% over the past two years, I’m happy for all those Americans who got
access to health care for the first time through the Affordable Care Act. Now
they get to keep it… unless, of course, the Republicans settle for quietly
sabotaging Obamacare. But that won’t happen, right? The Republicans can’t be
that spiteful, that mean-spirited? Right? Right?
Funny, but I
fail to hear an echoing chorus here.
Anyway, I’m
going to close with a really depressing thought, but one that won’t stop
running through whatever neurons still survive in my forebrain. The United States
isn’t the only country struggling with the ever-increasing cost of providing
health care to its citizens. Every industrialized nation on the planet
struggles with the same problem, despite almost all spending less, as a
percentage of their GDP, than we do. This reality leads - inexorably, in my
opinion - to a question that must be asked. Is it possible that modern medicine
is reaching the point where it can provide more healthcare than human beings
can afford?
Tuesday, July 11, 2017
QUICK HIT #4
OK, so I’m doing
it again, banging my head into that oh-so-painful wall. This morning I watched
C-SPAN’s call-in show, National Journal. Callers were asked to comment on the
latest scandal surrounding Paul Manafort, Donald II, and Jared Kushner. As
usual, conservatives dominated the Republican and Independent lines, offering
various excuses for the trio’s meeting with a Russian lawyer, despite being
told in advance that she was acting as an agent of the Russian government.
Collusion, several insisted, is no crime. Others fell back on the fake-news saw.
I’ve heard both excuses a million times over the past months, even (and maybe
especially,) from Fox News. But one caller did catch my attention,
significantly darkening my already-depressed state.
How come they don’t investigate Obama? he wanted
to know. Obama won 100% of the vote in 51 Philadelphia districts. That’s
impossible, except if it was fixed. The same thing happened in Woods County,
Ohio. Obama got 100% of the vote. So, why don’t they investigate Obama?
What did I do?
What any red-blooded American would do. I reverted to the Google, that supreme
arbiter of truth and falsehood. Twenty seconds later, I was reading FactCheck’s
thorough debunking of what began as an anonymous email dispatched to names listed
in some conservative’s databank. FactCheck’s debunking was followed by Snopes,
followed by the New York Times, followed by….
Barack Obama did
not receive 100% of the vote in Woods County. He received 51%. The lie didn’t
upset me. No, what irked me was the caller’s apparent unwillingness to spend
twenty seconds uncovering the truth. I don’t know what universe he lived in,
but his tone, as he presented his case, was sure and certain. He had us lousy
liberals. He would obliterate us with the truth.
People (sincere,
people, and well-meaning, too) who believes the Trumpians will come home if we
just promise to walk away from a few trade deals are kidding themselves. His supporters are far more likely, when the time comes, to pick up a gun. Give me delusion or
give me death.
Monday, July 10, 2017
FRAMING RANT
Here’s the
issue: free tuition for post-high school education at public universities. I
think most Democrats favor taxpayers footing the bill, but how do we sell it to
reluctant Dems and enough Republicans to see it enacted into law? Two
possibilities follow.
FIRST FRAMING:
Raised by her
mom, a single parent who struggled every month to pay the bills, Rose Wentworth,
from her earliest days in school, was told that education was the gateway to
opportunity, the only gateway. Study hard, keep your grades up, stay out of
trouble, don’t get pregnant… the list continued on, but the goal line never
moved. Good grades, a decent SAT score, admission to one of Ohio State
University’s many campuses and eventual graduation. That was the price of the
only ticket to a middle-class lifestyle.
The odds were
stacked against Rose. She moved six times during her twelve years in the
Cleveland School System, changing schools on four occasions. Worse, she passed
one seven-month period in the foster care system, always a crap shoot played
with loaded dice. Yet Rose persevered, at times faltering, but always rallying,
until finally, with the help of a few sympathetic teachers, Rose applied to
Ohio State toward the end of her junior year. She was initially overjoyed when
she received an acceptance letter, but her mood darkened after she met with an
admissions councilor at the University who ticked off the costs. Tuition and
fees: $10,037. Room and board: $11,666. Books and supplies: $1,234. Other expenses,
some as simple as toothpaste, $2,602.
Add it up:
$25,539, none of which her mother could afford to pay.
Financial aid?
Rose certainly qualified, but due to federal cutbacks, along with cutbacks in
support from the government of Ohio under John Kasich… well, there just wasn’t
that much help available. No, if Rose was to graduate, she’d have to fall back
on student loans. Loan money, the interviewer assured her, was easily secured,
enough to leave her approximately $50,000 in debt when she graduated. With no
guarantee of a job at the end.
After long and
careful consideration, Rose settled for a one-year nursing program. She is now
a Licensed Practical Nurse making $16.00 an hour at a Cleveland nursing home.
Is this right? We
told this girl, born into poverty, that a pathway existed, a pathway that would
lead to a middle-class life. Rose followed that path, maintaining good faith, passing
twelve years in mostly-failing public schools, only to discover a gap, a chasm
too deep to cross, yet close enough for her to see her goal on the other side.
Any chart of U.
S. GDP in constant dealers, from any source, reveals that America is richer
than it’s ever been. Our GDP, again in constant dollars, is three times what it
was in 1968, at the height of the War on Poverty. Yet the nation cannot keep
its promises to kids like Rose. And make no mistake, the individuals who
defined the sacred pathway were mostly teachers, employees of government.
Bottom line, the moral debt we owe to students like Rose compels us to make
sure that she can afford the college education we insist that she acquire. Thus,
tuition should be eliminated at public universities for low-income students who
qualify for admission. Justice demands it.
SECOND FRAMING:
For a long time, America, with a few
exceptions, rejected taxpayer-financed education at any level. Most Americans,
after all, were simple farmers living out in the boondocks. Following a plow,
pulling stumps, milking cows… did they really need an education? Wasn’t a strong
back, a stronger work ethic and a deep commitment to family, church and country
enough to get you through life? But then the steam engine came along and
suddenly farmers were confronted with plows and threshers and harvesters that made
hand-farming unprofitable. Call them advances if you like, but these advances required
money and financing and a host of new skills that, in turn, required education.
At the same time, the country began to industrialize, again requiring workers
to master new skills.
Initially,
public education was limited to the primary grades. Reading, writing and
arithmetic. That was enough for the time. If parents wanted more for their
children, they had to foot the bill. Only later, as the new technology (and the
businesses they gave rise to) grew more complex did it become necessary to add
high school to the mix. Today, most employers demand a high school diploma as a
condition of employment. There may be some jobs available to dropouts, but they
won’t put a roof over your head and clothes on your back and food in your
belly.
Technological
advances have always required new skills. Steam engines worked well, but not
perfectly, and not indefinitely. Maintaining them required skills that could
not be acquired on the farm. The same might be said for electricity, the
internal combustion engine and a host of advances. In fact, right now, as I
write this, 3,000,000 jobs in the United States remain unfilled because
employers cannot find workers with the necessary skills. These are the good
jobs, the high-wage jobs so many working people long for. They are also jobs
that require more knowledge than a high school education can deliver.
The monthly jobs
report will be released in an hour or so. The Trump administration is hoping
for a number above 200,000, though most forecasters expect a lower number,
around 170,000. But even if the administration is right, it will take this
nation 15 months to produce 3,000,000 jobs. And yet, according to Forbes, 62% of high school students
admitted to colleges around the country decided not to attend their
first-choice school because they could not afford the costs. In another poll,
reported on ThinkAdvisor, 83% of
Americans declared that their children cannot not afford to go to college.
While 3,000,000 jobs go unfilled? While
the tax dollars those 3,000,000 jobs would generate go uncollected? While the
goods and services that would have been purchased with the salaries from those
jobs go unsold?
Simply stated,
it’s time to bite the bullet, because this situation will not improve on its
own. First: the technology continues to develop at a pace that’s almost
disconcerting and we are fast approaching the point where poorly educated
children will inevitably become dependent – or worse, delinquent.
Second: the cost of a college education continues to rise. Third: under these
conditions, 3,000,000 jobs must inevitably become four and five and six
million.
This is a challenge our competitors in
Europe and Asia have already met. Post-high school education is guaranteed to
qualified students as a matter of course. Even in France, the tuition charged
at a public university comes to $400 per school year, a far cry from, for
example, from Ohio State’s $10,000. And while many negative stories have been
written about the competitive nature of the admission process at Chinese universities,
once students are finally admitted, they don’t reject the opportunity because
they can’t afford the costs.
Again, it’s
time we take our heads out of the sand. The challenges America will face over
the next fifty years require that we educate our children beyond high school. We
cannot have millions of well-qualified students turning away from college
because they can’t afford the costs. Keep in mind, a college graduate earns, on
average, $830,000 (also according to Forbes)
more than a high school graduate during his/her working life. Merely in terms
of economic stimulus and taxes paid, the nation will get its money back and
show a handsome profit. So, let’s not be fools. Let’s not be afraid to invest
tax dollars in the future. Let’s not put ourselves in a position where jobs are
routinely outsourced because there are no qualified Americans to fill them.
Personally, I
like the first framing better. That’s because I’m a progressive Democrat and
sympathetic to the trials and tribulations or other human beings, unlike most
Republicans who view poverty as resulting from a character flaw. But I’m already a Democrat who has never voted
Republican and never will. I’m the choir.
The second
framing offer more promise as a lure to Republican voters. Not the Trumpians,
of course. At present, they’re unreachable, as poll after poll has
demonstrated. These working-class, white voters won’t come home until they’re
driven home by some Republican atrocity. There are, however, other Republicans
who are very uncomfortable with a President whose misogyny, racism and xenophobia
are perpetually on display. I’m talking about well-educated professionals and
small business owners who don’t care to explain Trump to their daughters. The
second framing, an appeal to American pragmatism, to our “can do” spirit, to the
attitude that made American great, might well attract them, essentially giving
them an excuse to switch parties.
Will this
approach, extended to a wide range of issues, attract country-club Republicans?
Not being a prophet, I won’t speculate, but I can’t come up with another approach
that passes the smell test. Affluent Republicans hate taxes. Locked away in
their isolated (if not actually gated) communities, they also view poverty as
resulting from a character flaw. It may well prove that their obsession with
lower taxes will offset their distaste and they’ll work with any group that promises to save them a few dollars at the end of the year. Nevertheless, we can be certain
of one thing. Neither framing will attract the Trumpians. It’s moderate
Republicans or continuing to lose elections, local, state and federal.
Sunday, July 2, 2017
THE SIMPLE SOLUTION RANT #2
Your name is
Karen Harper and you live in Granville, Ohio. You’re thirty-six years old,
married with two children, and you’ve been working at the Kingstown Widget
factory for a total of eight years. Although you twice left the factory
(without pay) for a year following the births of your children, you always came
back. The factory accepted your return because the evaluations done every six
months by your various supervisors were uniformly good. You showed up on time, week
after week, ready willing and able to give a day’s work for a day’s pay.
And there’s the
rub.
Kingstown Widget’s pay scale was significantly
below the standard for assembly line workers in Ohio. What’s more, the firm
offered no sick leave, no pension plan and no health insurance. Conditions inside
the factory were poor, as demonstrated by the many fines imposed by government
agencies, state and federal. Yet conditions never seemed to improve. The overhead
lighting was dim enough to make accidents more likely; fumes from the paint
room leaked onto the factory floor; the break rooms were haphazardly cleaned
and the bathrooms so filthy employees used them only when desperate.
Enough being
enough, you decided, along with the Doyle twins, Bob and Jimmy, to seek advice
from the Widget Workers of America (WWA). When the union offered to sponsor an
organizing drive, you eagerly accepted. At first, you
and the Doyle brothers contacted only your most trusted co-workers, urging them
to sign cards indicating their desire to form a union affiliated with the WWA.
The process was slow because you wanted to gather momentum before management
discovered what you were doing.
Despite your caution, someone alerted the
company about six months into the drive and you had to go public. By that time,
you’d convinced 30% of the workers to sign union cards, enough to force the
company to hold an election supervised by the National Labor Relations Board
(NLRB). But the experienced organizers at WWA advised against this strategy. If
you hold the election now, they explained, workers who didn’t sign cards will
feel left out and coerced.
So, you persevered, promoting the union in
the only places you were, by law, allowed, the break rooms and the parking lots.
Management countered by posting supervisors in both places. They stood against
the wall or leaned against company trucks, occasionally writing names on the
small pads they carried in their back pockets. You weren’t surprised.
Intimidation was a technical violation of the labor laws, but the only remedy was
an appeal to the NLRB where your complaint would sit for eighteen months on
average. In addition, Kingstown Widget hired Haverman, Brown and Sherman, a
well-established consulting firm, to advise them on union-busting tactics. HBS
charged, rumor had it, a thousand dollars an hour for its advice.
You (and by now
a dozen activists) countered these moves by shifting your activities outside
the plant, contacting your fellow workers in bars, churches, PTA meetings and high
school football games, until you registered 65% of the plant’s workers. At that
point, you requested union recognition. This formula worked for many decades
after the Wagner Act was signed into law, but Kingstown Widget, urged on by
HBS, demanded an election by secret ballot, a standard ploy for businesses
committed to an anti-union strategy.
A week later,
you and the Doyle brothers, in full view of other workers at the plant, were summarily
fired. Supervisors approached you while you worked – this was an object lesson,
after all – and escorted you to your locker, then out of the building, then
into your cars. They watched you drive away, watched the factory gates close
behind you.
You knew this
might be coming because the tactic, though another gross violation of labor
law, was commonplace. Kingstown Widget, your advisers at WWA had explained
early on, suffered no risk by firing you. Your only recourse was a complaint to the NLRB, which you made. But even if the agency eventually ruled in your
favor, Kingstown Widget, with plants in four states, would at most pay a fine
in the thousands of dollars. As for you, Karen Harper, you would receive back
pay, but only if you didn’t work somewhere else in the meantime.
The news didn’t get any better when your WWA
advisors told you that an appeal to the NLRB doesn’t end with their ruling,
which will almost certainly be in your favor. Any decision on the part of the
agency can be appealed to the federal court system, first to a district court,
then to a circuit court and finally to the Supreme Court. Depending on how much
money Kingstown Widget is prepared to spend, it could be many years before your
case is resolved.
Things were no better at the plant.
Management called mass meeting on the factory floor, attendance compulsory,
where the perils of unionization were enumerated by carefully chosen
executives. Who knows what might happen, they told workers, if the drive
succeeded? Profit margins at the plant were small and the competition, much of
it located in China, was relentless. Decisions would have to be made. Moving
overseas? Expanding Kingstown’s Wisconsin plant? Massive layoffs? No remedy was
off the table.
That wasn’t the
worst of it, though. Throughout the workday, employees were called into
one-on-one meetings with their immediate supervisors. Identical threats were
made, along with demands to know if the workers planned to vote for the union.
These supervisors were the same men and women who evaluated the workers every
six months. They could – and sometimes did – recommend termination. But the
supervisors were more interested in who opposed unionization than who supported
it. Some anti-union employees were turned into company spies who attended
meetings held outside the factory and reported back. Others were groomed to
disrupt the meetings by raising the possibility that all would lose their jobs.
And there would be no immediate replacements in the community. The county was
shedding jobs, not adding them.
The months dragged
by, the battle going on for more than a year, but in the end a majority of Kingstown
Widget’s employees voted to affiliate with the Widget Workers of America. A
great victory… except for one detail. Yes, the company was forced to recognize
the union as the bargaining agent for its employees. But that didn’t mean
Kingstown Widget had to bargain in good faith. The company managed to postpone
the first bargaining session for almost three months, then demanded a wage
rollback, that a third of current employees have their hours reduced, that
break times in the morning and afternoon be eliminated, that employees pay for
a parking space during work hours, that cell phones be left in employee lockers
during the workday, that no allowance be made for parents leaving early to pick
up their children….
The list went
on, but that didn’t matter, since it was designed to be unacceptable. And yet
it remained unchanged over time, all pretense at “bargaining” out the window. A
WWA complaint to the NLRB, now chaired by Trump appointee Philip Miscimarra, went unaddressed. Weeks turned into months, then
the months to a year, whereupon Kingstown Widget demanded that the union be
decertified and a second election held. Collective bargaining was suspended at
that point, pending a ruling by the NLRB. The ruling never came. Discouraged
workers lost all faith in the WWA’s ability to effect change and dropped their
support. Union rallies went virtually unattended. Game over.
And as for you,
Karen Harper? You now work at Chipotle for $9.00 an hour. Without benefits.
Every element of
the scenario described above is a commonplace occurrence in union organizing
drives. The right of the company to force employees into mass meetings and/or
one-on-one conferences with supervisors has been blessed by the Supreme Court,
as has the right of the company to force an election even if every worker has signed
a card indicating her/his desire for a union. Meanwhile, an underfunded NLRB –
which, now that Trump has been elected will have three of its five members
chosen from anti-union Republican ranks – takes eighteen months to generate rulings that
can be stayed pending appeals to the various federal courts. Finally, the
penalties issued by the NLRB are so small as to be laughable.
The deck is
stacked against unionization, that much is obvious. The rules of game leave
workers with no effective way to determine their own fate. At the same time,
poll after poll demonstrates that an absolute majority of Americans approve of
unions.
The Employee Free
Choice Act discussed in a prior post addresses every one of the abuses described
here. Businesses are effectively unionized when the union gathers more than
fifty percent of workers’ signatures. And any attempt on the part of the
company to stall contract negotiations first results in compulsory mediation,
then arbitration should mediation fail. The real questions are why Democrats
haven’t pushed for the legislation, and why the party allowed a few Senators,
led by the execrable Ben Nelson, doom the effort in 2009 without paying a
price?
And maybe there’s
one more question to be answered. The Republican attack on trade unions over
the past forty years has been relentless. But can Dems claim that their defense
of unions has been equally relentless? I think not.
Monday, June 26, 2017
THE SIMPLE SOLUTION RANT #1
In 2010, an
amateur politician named Jimmy McMillan ran for Governor of New York as an
Independent. His platform was marvelously simple: “The rent is too damn high.”
He was wrong.
The real key to Mr. McMillan’s inability,
and the inability of so many others, to afford decent housing is that wages are
too damn low. In many cases, they’re below subsistence, so that individuals who
work full-time are forced to turn to the government for subsidies like food
stamps and housing vouchers. Think about it. Wages for millions of jobs in the
richest country in the world don’t provide the minimum necessary – food,
clothing and shelter – to insure basic survival. If Walmart workers had to live
on their wages, Walmart employees would be sleeping in the streets.
So, let’s
simplify. Let’s start with the obvious. Wages are too damn low.
Given Trump’s,
Hillary’s and Bernie’s various appeals to low-wage workers in the past election,
the issue, even for Republicans, is what to do about low wages. Curiously, both
Sanders and Trump proposed similar solutions. The various trade agreements concluded
over the past 25 years, they claimed, have sucked high-wage jobs out of the
country. Therefore, the United States should either renegotiate or abrogate these
pacts, or add an import tax to return those high-paying jobs to the United
States. Hilary’s solution was much, much simpler. It followed a
long-established approach to problem solving called Occam’s razor. Always begin
with the simplest solution to any challenge, from the purchase of a new
refrigerator to the search for dark matter. Move to more complex analyses only
if the simplest fails.
The simplest
solution to the problem of low wages is higher wages.
Increasing the
minimum wage, Hilary’s solution (and Bernie’s, too, at least in part), is by
far the simplest answer. It’s nevertheless flawed, for what the Government giveth,
the Government can taketh back. It already has. An historical chart of the
minimum wage, reckoned in constant dollars, reveals the minimum wage’s high
point to have been reached almost fifty years ago, in 1968. And while it’s
risen somewhat over the Obama years, the hourly wage paid to minimum-wage
workers is now approximately a third lower than it was in the late 60’s.
Still using
Occam’s razor, I propose an overhaul of the nation’s labor laws (the basic
legislation governing the right to organize dates to the Wagner Act, passed in 1935)
designed to give workers a chance to help themselves through unionization. I’m
late to this party, however, because the Employee Free Choice Act has been waiting
in the wings since 2007 when it was first introduced. The Dems in the House
passed the overhaul while George Bush was President, but it did not survive a
Republican filibuster in the Senate. No big deal because Bush, rather than sign
the bill, would have sold his first-born daughter at a Taliban slave auction.
Revived in 2009 with Barack Obama’s
strong support, the Employee Free Choice Act again passed in the House, only to
be sabotaged in the Senate by a small number of Democratic Senators. Led by Ben
Nelson, the man who betrayed Obama on the public option, the list also included
Arlen Specter, Blanche Lincoln, Tom Harper, Claire McCaskill and Diane
Feinstein. (Yes, that Dianne Feinstein, the great liberal.) Given the
defections, the bill could not overcome the inevitable Republican filibuster.
It never came up for a vote.
More to come.
Friday, June 23, 2017
LEGALIZE BRIBERY, ANYONE?
This morning,
MSNBC displayed a list of the thirteen Republican Senators who drafted
Trumpcare and the contributions they’ve received from the insurance and pharmaceutical
industries from 2010 thru 2016, a single election cycle for Senators. The
numbers were assembled by MapLight.org.
Orrin Hatch: $471,560; Mitch McConnell: $433,400; Rob
Portman: $382,400; Pat Toomey: $354,616; Lamar Alexander: $228,100; John Cornyn:
$180,050; Cory Gardner: $151,850; John Barasso: $149,750; Mike Enzi: $$146,600;
John Thune: $123,400; Mike Lee: $66,750; Ted Cruz: $58,895; Tom Cotton: $28,941.
Grand Total:
$2,776,012.
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