Pakistan’s survival, as the shock waves from the Afghan political earthquake spread, depends on the ability of its deeply fractured government, to rise above itself, putting aside its standard civilian-military feuding for short-term advantage, to consider the interests of the long-ignored Pakistani people.
Neither Forgive Nor Forget
Senate testimony by law enforcement officials regarding the Capitol Insurrection demonstrates vividly why Americans must neither forgive nor forget but rather must demand that those guilty of provoking, planning, encouraging, or excusing this crime be held accountable.
italicsSen. Amy Klobuchar (D-Minn.), who chairs the Senate Rules Committee, asked pointed questions to the witnesses about the security failures that contributed to the deadly breach of the Capitol. “There is a clear agreement that this was a planned insurrection and that there was an intelligence breakdown,” Klobuchar said in her closing statements, noting it’s “very disturbing on both ends.” Elsewhere during the hearing, Sen. Ron Johnson (R-Wisc.), who was one of Donald Trump’s most ardent backers in pushing dangerous election fraud conspiracy theories, used the hearing as an opportunity to continue to push conspiracy theories, reading excerpts from a column that suggests many of the rioters were actually antifa provocateurs who staged the insurrection. (Klobuchar later told reporters that Johnson “seems to be in denial and somehow wants to blame everyone but President Trump for inciting this.”) [Mother Jones.]
Even as Cheney calls on her complicit party to avoid standing as the party of white nationalism, GOP Senator Johnson makes clear that is exactly the gutter the GOP is standing in today.
Democracy rests on a foundation of multiple parties sharing core values while competing over priorities, tactics, and personalities. Even if the Democratic Party suddenly achieved perfection, it could never maintain its balance on such a slippery pedestal; balance in a democracy comes by having multiple feet on the ground, with each party having but a single foot. To maintain democracy, multiple parties are required so dissent always has a safe place in which to thrive, but this opposition must be loyal. That stable political/cultural foundation no longer exists in the U.S.
Time for the FBI to Investigate Trump
Whatever the Senate decides about impeachment, given the revealed discussions between Trump and various members of Congress, a prima facie case of incitement has now been established: time for the FBI to step in. Like anyone, Trump deserves a real trial, “governed, for the most part, by hard rules. Not norms, but rules. Rules of evidence, of procedure, of professional ethics.” [Bharara, Doing Justice, 253.] More importantly, America deserves closure.
Impeach & Convict: Precedents Matter
Punishing the perp may be both satisfying and deserved, but the real issue for society is precedent. Unpunished, an act becomes a precedent that encourages and protects future abuse. Punished, the precedent becomes a legal weapon to defend the rule of law.
Both denying the accused the right to clear his name by trial and evasion by authorities of their responsibility to bring the accused to justice when a prima facie case exists undermine the rule of law. When the charge is the betrayal via an effort to overthrow an election…and by the President, no less–precisely the one who should be held to the very highest standards of personal behavior…then to allow the accused to escape judgment simply on the specious grounds that it is no longer possible to implement the maximum legal punishment (removal from office) would make a mockery of the rule of law. That the criminal may be so lucky as to escape punishment in no way justifies failure to make the judgment.
For history, for the protection of our form of government, the all-important purpose of convicting Trump is to make the formal declaration that fomenting insurrection, provoking violence, undermining the electoral system are unacceptable forms of behavior in a democracy.
Balance
President Biden is offering an inspiring message of not just professionalism but renewal of Washington’s moral foundations. For this ambitious agenda to succeed, Biden needs to balance domestic and foreign policy reform. For Biden’s new coinage to be accepted, the two sides of the policy coin will need to be minted from the same metal.
President Biden’s long-overdue call for national unity will need balance to succeed. Biden will need to balance in addressing the needs and aspirations of a wide range of social groups with legitimately distinct perspectives. Biden will also need to balance firmness with sympathy; the desire for truth with the willingness to listen to dissent.
All that may be obvious; what is often less obvious is that all the above applies equally to foreign policy: democracy, conciliation, and mutual sympathy at home do not sit well with a foreign policy of coddling dictators, exploiting the weak, and treating war as the answer. Sooner or later, the chickens of foreign policy abuses of power for short-term convenience come home to roost, subverting the decency of domestic governance. A regime that relies on war internationally will be likely to rely on the suppression of dissent at home. Wars for profit will corrupt domestic politics.
Restoring the balance in domestic affairs will be much easier, much more logical in the context of the simultaneous restoration of balance in foreign affairs. Biden has already taken a great first step by leading the U.S. back into cooperation with global efforts to protect the environment of a planet threatened by climate change. Many more controversial steps will be needed, and they should stand on a foundation incorporating two principles:
1. unilaterally restoring to other states that which the U.S. unilaterally took;
2. holding responsible for their abuses regimes whose behavior has crossed the line.
At the core, a government must decide whether it wishes to be perceived as a trustworthy partner or just a self-serving adversary; it has always been obvious that the former is more effective than the latter, but it has never been more obvious than now, after four years of Washington burning its international bridges. A Biden Administration theme of unity based on respect for others offers a clear contrast with the Trump years but will be much easier to live up to and taken much more seriously by the rest of the world if balanced by a similar reform of U.S. foreign policy.
Biden’s Sad New Challenge
Questions regarding the Capitol Insurrection are multiplying with a speed that threatens to overwhelm investigation of the underlying dynamics that must be understood to protect U.S. national security. To wit,
- How much internal support did the Trump mob have from Capitol police?
- What is the relationship between Trump and the silent, so very carefully armed, military-style group mixed in with the sundry clowns: advance coordination, continuing coordination, chain-of-command, tacit cooperation?
- Could this operation seriously have occurred without any advance warning being picked up by the Department of Justice, the Pentagon, or the Intelligence Community?
- How widespread is the national network of like-minded people that spawned the enormous crowd of rioters?
- How might foreign adversaries exploit the degree of animosity within the U.S. for its Government and way of life now displayed for all the world to see?
- How can the incoming Biden Administration be protected, given the obvious disarray and incompetence, if not betrayal, within the law enforcement services?
- How can we correct the disgraceful predicament in which the mayor of Washington D.C. can only protect our national capital from attack by depending on the good will of the governor of a neighboring state?
- Which key appointed positions in the Pentagon need to be protected against a unilateral Presidential effort to slip incompetent people into power without Congressional oversight before they take office, and especially to do so to retain covert power after losing office?
- Exactly what is the Trump family doing now?
- How should Amendment 25 be upgraded better to protect the nation from a President who may not clearly be physically unable to make decisions but who goes rogue, turning against the country?
- How can law enforcement at all levels (from the Capitol police to the FBI and the Attorney General [not the President’s lawyer]) be both monitored more carefully and better insulated from Presidential pressure?
- Which members of Congress are, at a minimum, trying to cover up all this (and, especially, their prior support) with a veil of loudly expressed “shock, just shock”?
With almost everyone in power condemning at least one or two of the most superficial aspects of the party/insurrection/terrorist attack/coup attempt, identifying those most deeply complicit may sadly become the most important activity of the Biden Administration. Such an investigation is critically needed but entails grave risk. As the infamous McCarthy era informs us, weeding out the enemy within to protect liberty can all too easily itself become liberty’s greatest threat. One thing is certain: this is not over.
Betrayal
Two points about the “insurrection” (Senator Romney‘s word] at the Capitol require acceptance in order for the U.S. to learn from this pathetic national failure and move forward to repair the cracks in the foundation of our rotted democracy:
1. those who planned, incited, and implemented this clearly organized attack on America are traitors;
2. the whole Republican Party elite is complicit.
The process of building an authoritarian movement to destroy our democracy–going from Charlottesville (some of them are “good people”) through the abuse of power against State Department officials testifying before Congress and playing the pandemic for political gain to the Capitol Insurrection is clear. The core of that criminal process has been Republican Party complicity. We, the American people and its representatives, may discuss the nature of the punishment due for the complicit individuals, but the essential points must be clearly stated and accepted: we must recognize their guilt.
Repairing American Democracy: No Turning Back
Viewed from the perspective of complexity theory, the ongoing battle over the fundamental structure of democracy in the U.S. is a clear case of the social co-evolution of two complex-adaptive systems–the political system and the biological system composed of the battle between the COVID-19 virus and the U.S. population. All components of these two systems–virus, human population; political parties, voters–are simultaneously and unpredictably adapting in response to the adaptations of the other components. Come what may, there’s no going back.
Trump’s four-year-long war to destroy our belief in “American values” and to destabilize or politicize the core governing institutions responsible for defending those values—far from being defeated by Biden’s electoral victory—has laid the foundation for a bifurcated society and a bifurcated polity. In place of a united social super-majority governed by two centrist political parties that marginalized progressive and regressive minorities by silencing, sneering at, and ignoring them, U.S. society now consists of two starkly hostile but openly hostile, articulate, organized social constructs incorporating an array of armed militias (including some not just prepared for revolt but openly articulating ideals that constitute a betrayal of the traditional “American values” of discord resolution by discussion in a sociopolitical environment based on the rule of law, respect for adversaries, one-citizen-one-vote). Simultaneously, U.S. governance now consists of two parties seeking mutually incompatible futures, with one of those parties apparently committed to voter fraud (gerrymandering, one-dollar-one-vote, blatantly false allegations, politicization of governing institutions Constitutionally mandated to be independent) as the foundation of its hold on power.
A traditional Jeffersonian, strict Constitutionalist conservative would have a very hard time finding a comfortable resting place in this house divided against itself. The sins of the two old, self-satisfied, elitist parties caused the idealistic American faith in its values—which were being put into practice far too slowly—to be rejected by nearly half the population, thus opening the cultural door to an array of extremists lurking in the shadows of our less perfect union.
The public rhetoric of contempt coupled to the private formation of armed militias looking for excuses to wage open warfare against their opponents is ironically transforming the city on the hill into post-Saddam Iraq. That dark assessment is no more than half the story, however, just as a forecast that COVID-19 will infect everyone and destroy our modern civilization would be only half the story. Although we may not be able to see the future, a wide array of powerful, competing dynamics are now readily apparent. Within the pandemic system, both virus and human immune system co-evolution is already apparent; more broadly, cultural shifts are occurring in response to the disease threat, and society is beginning to face up to the need to improve a wide array of institutions from rural health clinics to the CDC, from meat packing plants to food supply chains. Within the political system, white power militias covertly protected by biased police are provoking the rise of minority power militias; extremist right-wing political rhetoric and efforts to subvert the rule of law are energizing progressive forces and bringing them greater public support.
The extremist political contagion and the pandemic are both complex systems of semi-independent, co-evolving clusters of actors propelling, respectively, the sociopolitical and biological systems along some unpredictable path through a maze of winding, interconnected routes that emerge as possible options for a time and die out without warning as the various underlying dynamics propel the systems along. Today, a mutating virus may be asserting control; tomorrow, the human immune system may reassert its own dominance. Today, the dominant dynamic may appear to be threatening, heavily armed extremists marching down main street; tomorrow, a more politicized younger generation may evoke a resurgence of democratic virtues.
This war of two dynamics (“disaster” vs. “revival”) has played out repeatedly during the tumultuous course of human history. First, things get worse and disaster appears imminent, then hidden dynamics working against the rising tide of disaster gain strength and visibility until the system reaches a tipping point allowing a shifting of the dominant dynamic and a revival: the rising contagion rate declines or the popular mood shifts from confrontational to cooperative. This is a story of competition but should not be thought of as a simple race: the two sides do not necessarily start together, move at the same time, or reach any preordained finish line.
Indeed, the two “sides” may not even both end up in the same place or with their original identities intact…and there is not necessarily any finish line at all. The GOP is transforming from elitist into populist; the Democratic Party from neo-liberal to progressive. Either or both could shatter. At a more profound level, the underlying culture of the whole U.S. population is destabilizing, being torn in opposite directions – part overtly racist and authoritarian, part multi-cultural and egalitarian.
These strains open endless possibilities, and history is littered with failed national experiments – societies that fractured from the strain into multiple new and hostile states. Democracy is a challenging goal at best; democratic theory works only when the society is dedicated to putting effort into its realization.
Complex-adaptive systems are complicated by definition (semi-independent and adaptive parts) and dangerous because the creativity that makes complexity powerful emerges at the limit, when the system is functioning at full throttle (when the freedom of individuals to innovate is maximized but not overdone). What this analogy really means for a complex system is quite different than what it means for a simple system like a motor. Complexity at full throttle may offer the highest returns of creativity but at the cost of pushing the system ever closer to the edge of the unseen cliff. Individual freedom to be creative may be pushed to such an extreme that individuals demand the right to steal from the weak or behave in ways that infect their neighbors. System collapse (think Easter Island, the vanishing of the Mayan Civilization) can be sudden. The challenge of maintaining democracy is hard enough without trying to do it in a time of pandemic. More precisely, the three-year-long Trump Administration effort to undermine the rule of law and the independence of core national institutions had already greatly weakened American democracy even before COVID-19 emerged. It remains to be seen if sabotaging the system and institutions of government will prove to have gone far enough to prevent our coping with the pandemic, i.e., if we end up having to choose between the type of government (democratic or authoritarian) and the outcome of the pandemic (control over the pandemic or social devastation because of its uncontrolled rampage). The voluntary effort of millions to brave the pandemic in order to stand in long lines to vote suggests that a tipping point can be attained sufficient to enable the revitalization of government in time to defeat the pandemic and profound enough to save democracy.
What happens when a national crisis requires Federal leadership for solution but the White House is exploiting the crisis as a political weapon against the American people, transforming the only political institution capable of resolving the crisis into the main enemy? That which constitutes the greatest threat also stimulates the greatest reaction, albeit it with an unpredictable and perhaps fatal delay. Outcome may be unpredictable but rapid change in a highly complex system is a safe bet, much less in a case of two complex systems that are in a head-on collision (e.g, a government simultaneously juggling demands for more justice and stronger efforts to combat a pandemic). Moreover, permanent change is a certainty. When dealing with a complex-adaptive system, the one point you can depend on is that you will not be able to put things back the way they were.
The mutually adapting populations of humans and viruses will adapt as they interact: viruses will mutate, human immune systems will create new defensive capabilities. An analogical evolution will generate a stream of adaptations constantly updating attitudes and behaviors both at the individual and group levels in the political system. Regardless of the rhetoric, the reality is that the pre-Trump GOP will not exist post-Trump nor will the pre-Trump Democratic Party. Racists have learned that they can openly seek to repress minorities; minorities have learned that they will be treated with justice only to the degree that they insist upon it. Police will henceforth have to justify their behavior and see budgets for security balanced against the budgets for social support. Voters have learned that they cannot assume that major American political parties automatically represent the interests of the majority or are led by patriots who believe in American values. Indeed, it is no longer even clear that “American values” remains a term with a clear, broadly accepted definition.
If all this is unsettling, even shocking, streaks of silver lining nonetheless run through these dark clouds. In order to protect Constitutional mandates about the rule of law, we must understand that the rule of law is under attack. In order to insure that elections are both free and effective, we must perceive the efforts of politicians to corrupt the democratic process. In order to enhance social justice, we must recognize the mistreatment of family farmers, industrial workers driven into unemployment by globalization, and poor rural people lacking decent health care. Great progress has been made over the past four years on all these counts simply by the advances in transparency as political efforts to undermine our democracy exposed one flaw after another. The strength of a castle’s ramparts becomes clear only after the castle is attacked. The pandemic is exposing the threat to human health by corrupt politicians who either cover up or exploit disease threats for personal political gain, and now appears likely to provoke the strengthening of the public health system. Similarly, support for authoritarianism, now exposed and intensified, has ironically also intensified support for democracy, equality of opportunity, and rule of law.
U.S. society will not simply “recover” from COVID-19 or from the Trump era. Biologically, culturally, politically, we will need to cope with a new world by behaving differently. We will need new laws to protect the independence of scientific institutions, to hold corrupt politicians responsible for their behavior, to insure the rule of law, to give local officials more resources to cope with crises when central authority falls short, to protect the weak. COVID-19 and authoritarianism both still threaten to flood the house we all live in, yet it is precisely the high visibility of these black storm clouds that may persuade us finally to fix the cracks in the basement wall.
Complexity theory suggests that such a balancing act successfully guiding the interaction of two vast complex-adaptive social systems would constitute an historic achievement. Complex systems at the edge of chaos tend to collapse suddenly: the more intense the crisis, the more complicated the process of restoring the smooth functioning of a system that by definition is complicated since it relies on the self-organized actions of a countless number of semi-independent actors. Complexity theory also underscores that the key, far from being any aspiration to return to “the good old days”–which were not quite as good as the lucky among us thought and are in any case gone forever, is to create a new and better way forward.
The Meaning of Life
We have, as we sit trembling this morning of November 4, 2020 with no electoral decision yet in sight, reached an historic national tipping point. For the US, the clearest, most fateful electoral choice in 150 years: liberty, rule of law, science, multicultural equality of opportunity, truth, majority rule plus minority rights, decisions by free and open debate, “city on a hill” leading by example vs autocracy, might makes right, ignorance, racism, fake news, winner take all, decisions by top-down command, “war is the answer” in a world of competing dictators. As for the world, both dictators and societies are holding their breath, waiting to see which way the wind blows.
In 2015, we all were luxuriating in the evident certainty that life had meaning. “We”– that broad, vague collection comfortably encompassing not just the ruling elite but also the middle and upper layers of the ever-so-esteemed middle class—inferred the meaning of life most immediately from the comfort of our enviable lifestyle packed with its junk Chinese consumer goods and endless adventure vacations. Somewhat less superficially, we inferred the meaning of life from our idealistic belief that A) our much worshipped middle class was still expanding and B) that middle class folk in our ever-more-multicultural society would inevitably evolve steadily into better and better citizens–compassionate, educated, fair-minded, devoted to protecting the commons. A bit deeper–two decades after winning the Cold War (demolishing the Communist monster), three-quarters of a century after winning WWII (demolishing the Fascist monster)—we inferred the meaning of life from the smart pace with which we were marching forward together toward that long-awaited future when America (i.e., the USA, obviously) would indeed invent the democracy that we had, back in 1776, promised ourselves.
And why not? Had we not dismissed our colonial masters, the superpower of the day, to create our “more perfect union?” And had we not, three generations on, finally operated on ourselves to cut out our one fatal flaw, that cancer called “slavery?” Did we not even go so far as to allow, after yet another several generations, our wives and daughters and mothers to vote? Did we not even condescend, in the good-buddy atmosphere of post-WWII emergence as the leader of the free world, to allow the millions descended from those ex-slaves actually to begin enjoying the reality of liberty promised to them by the speeches of Lincoln and the 14th Amendment? Did we not end the brutality of global colonialism? And were we not even tip-toeing toward such revolutionary social concepts as defining health care to be a “right,” guaranteeing the freedom to vote, and offering inclusion in the political process to our new “multicultural” neighbors pouring into the lily-white suburbs? Viewed from the historical perspective of the march of humanity toward civilization over the preceding three millennia of rise, decline, fall, repeat, was the overall rate of progress achieved by the new Republic not something to be admired?
Then, in four shocking, ugly years, the meaning was drained from life. One-third of our population turned its back on the rest, rejected all the progress achieved in two centuries, spat on our values by resurrecting the racism and addiction to violence of our defeated enemies. Worse, before we could adjust to the shock of that betrayal (or was it payback for the self-centeredness of our self-perceived progress?), that which lingered yet from our inferred “meaning of life” was crushed by an insidiously contagious pandemic that left us afraid even to hug our loved ones, much less go to work without fear, take a vacation, or even walk out the front door without covering our faces to avoid sickening our neighbors.
At every level, personal, societal, political, economic, historical, the meaning we had imputed to life and on which we erected the gleaming tower of our personal, social, historical progress toward a better future—all was exposed as what at this moment feels like nothing so much as profoundly embarrassing self-deception. We have been betrayed by our society (which is, after all, nothing if not “us”); we were betrayed by our ruling elite, which since Reagan has been waging winner-take-all financial war against the 99%, but most of all, we betrayed ourselves. We were too glib, too comfortable, too willing to look away from the harm we were doing to others in order to gild unnecessarily our own little cages. The last three generations must now be judged to have been just a bit too easy to be believed. We did not look into our souls, we did not weigh our pluses against the minuses of other groups at home, other societies around the world. We did not do nearly enough to instruct our children of the deep meaning of those marvelous phrases enshrining our political-cultural foundations…”more perfect union,” “life, liberty, pursuit of happiness,” “justice for all.”
And so, we ended up with our house divided, our kids having beach parties during a pandemic, our billionaires competing to see which could steal the most of the nation’s…the people’s…wealth, our brains so addled that we could not persuade ourselves of the desperate need to defend those freedoms we claim to cherish. Those of us lucky enough to be enjoying the “good” life forgot life’s deeper meaning.
The Solution
This is, of course, so superficial as to be faintly ridiculous: it is never about one person, nor should it be; no individual should ever be allowed to destroy the meaning of life for a whole society. The now-evident ease with which a leader can warp the morals of the nation points to a core weakness in our democratic system. Anyone who did not recognize before the danger of the Imperial Presidency, the shadow of which has been casting an ever darker pall in the skies of our nation’s future in recent decades, must surely see it now. One obscenely crude self-promoter should never be allowed to rip apart a whole society, threaten its values, and allow an epidemic to rampage for months unnecessarily killing tens of thousands simply to feed his own ego.
The prolonged process of repairing American culture–impaired by neo-liberal hypocrisy, the increasing reliance of Washington on war as the answer to all international problems, decades of the domestic financial war of the super-rich against the 99% (affirmed by the failure to hold financial criminals responsible after the 2007 recession and the profoundly anti-democratic Citizens United decision), and increasing reliance of the right on gerrymandering to retain political power—of course greased the skids for the political abuses of the Trump Administration. Decades of attention to the full panoply of cultural components from treatment of children at home to our educational system will be required to cure America’s underlying social disease.
At the political level, policy reforms at all levels of government will be required in order to provide a level playing field for all citizens. Overturning the despicable Citizens United “one dollar, one vote” effort to legalize corruption of the voting process is key; reforming laws to set the stage for less discriminatory access to education, housing, and medical care will be fundamental.
Restoring the American condition (or, if one prefers, “reinvigorating” the tedious crawl of American socio-economic and political realities to reflect American values) requires not just policy changes but a fundamental redesign of the legal construct of our governing institutions to clarify and strengthen the authority of and independence (within defined boundaries) of the three branches of government and of core institutions within those branches.
Obvious examples include the ability of Congress to compel Executive Branch testimony and the ability of such core institutions as the FBI to conduct investigations without Executive Branch interference and of the CDC to provide medical guidance. Government institutions responsible for investigating wrongdoing or providing scientific guidance by definition require independence from interference by policymakers. Investigations and guidance by their very nature are of value only to the degree that they are provided without bias; the political judgment concerning official policy is a second step. To wit, the appointment and removal of FBI and CDC directors should be carefully protected from political pressures (an admittedly impossible goal to achieve but one that the U.S. hardly makes any effort at all to move toward, thereby opening wide the door to the abuse of power). Presidents should not be able to fire key officials such as the FBI or CDC directors without a clear public review by both houses of Congress plus some sort of formal Congressional approval prior to taking action. All Cabinet heads should be subject to clear, regular Congressional review including access to all official documents, mandatory testimony, and a requirement for Congressional action to approve the continuation in office of top appointed officials. Crystal clear rules should be defined to prevent Presidential abuse of any powers unilaterally to name “acting” or “temporary” officials.
Decisions about which criminal investigations to launch or what medical reports to publish should be taken by the permanent bureaucracy, not appointees or contractors. No politician should ever have the power to ban or rewrite a report; minority and majority heads of the appropriate committees of both houses of Congress should have the right to see all reports. Except in very clear cases of national security rigorously defined, all reports (e.g., all reports on environmental changes, food safety, corporate abuses, abuse of power by high officials, health of the population) should not only be published upon completion but coordinated during research and writing with experts outside of government and interested members of the broader public to minimize bias and maximize transparency.
Justice for All. “Justice for all” in no sense means looking the other way at minority violence or serious criminal behavior, but absolutely does mean that elite financial fraud or police brutality should incur far more severe punishment than “stealing a loaf of bread to feed a starving family.” Moreover, context is everything: burning a neighborhood store to protest state repression of peaceful dissent is unforgiveable but violence to defend oneself against illegal violence by the state is legitimate self-defense. Most important, harm to society [polluting drinking water, downplaying an epidemic for political benefit, launching a war for profit] is a far more serious crime than mugging an individual. The underlying principle is that the greater the power conferred on a public official, the more severe should be the punishment for abuse of that power.
Equality. Equality does not mean handing everyone First Prize just for breathing; it means offering everyone the opportunity to start at the starting gate under the same rules; “starting at the gate” (rather than somewhere back in the woods to play catch-up) means ascriptive traits (race, gender) shall be ignored; it also means not prejudicing individuals because of their economic condition at birth. These fundamental conditions in turn imply equal public education and equal public health care for all.
These fundamental conditions also imply that a number of common but antidemocratic actions are unacceptable: allowing former members of Profession X (e.g., bankers) to write tax law or implementation rules governing Profession X.
America is not supposed to be the land of the lowest common denominator but the land of equal opportunity.
Presidential Bill of Wrongs. The U.S. Constitution reserves for lower levels all powers not specifically delegated to the Federal Government. This critical defense against authoritarian rule needs to be strengthened by a “Presidential Bill of Wrongs” enumerating specific abuses of power denied to the President, with rules specifying punishments for misbehavior (to be judged by Congress or the courts). A Presidential Bill of Wrongs would define the limits of Presidential authority, replacing the current creeping Imperial Presidency with a metric for judging when a President is abusing authority. It is hard to criticize a person for crossing the line when there is no line. This line needs to be drawn. To wit, should specifically be prohibited from:
- pardoning himself;
- declaring himself the winner of his election;
- making foreign agreements behind the backs of all other elected officials;
- taking official actions by informal means without formal documentation;
- making appointments without confirmation by Congress;
- moving funds to purposes not defined by Congress;
- taking military actions without Congressional approval;
- setting up domestic military or police units or using militarized units for domestic purposes without Congressional approval;
- manipulate Federal action to combat a public health crisis for political purposes;
- employing the Department of Justice to defend his personal interests.
Now is the time for the nation to engage in a public debate on how to fix our broken system of government.