The Right to Be Let Alone

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It is the best of times for government snooping and surveillance.

It is the worst of times for privacy and the Fourth Amendment.

The surveillance state should be dismantled, and the right to be let alone should be restored as the glory of the Republic.

This paper explains why and how.

Why Privacy Matters

The right to be let alone from government snooping or surveillance is the most cherished right among civilized peoples.

Privacy encourages creativity and spontaneity. It facilitates growth, learning, and maturation through a process of trial and error without risk of embarrassment.

Supreme Court Justice Louis D. Brandeis elaborated in Olmstead v. United States, 277 U.S. 438 (1928) (dissenting opinion):

The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings, and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the Government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.

Privacy is a cornerstone of a Republic where the people censure government; government does not censure the people. Consider the following.

No person on paper is clean.

Citizens will refrain from exposing and criticizing government fraud, waste, abuse, or lawlessness if they fear the government will retaliate by disclosing or sharing negative or embarrassing information from dossiers assembled through indiscriminate surveillance. They will become docile — a great menace to freedom according to Justice Brandeis in Whitney v. California, 274 U.S. 357 (1927) (concurring opinion). Edward R. Murrow, the scourge of Senator Joseph McCarthy (R-WI) similarly observed: “A nation of sheep will beget a government of wolves.”

Privacy was the spark of the American Revolution.

The urgency of citizen scrutiny of government has heightened as the size of government has grown from a small acorn in 1790 with a budget of less than $10 million and a few employees to a giant oak in 2017 with a budget exceeding $4 trillion and millions of employees. Further, Congress has virtually ceased to exercise oversight because of institutional sloth and incompetence coupled with a craving to escape responsibility. The Pentagon alone cannot account for a staggering $3 trillion in expenditures. Congress has become an invertebrate branch, which has created a corresponding need for fearless citizen criticism of government.

Privacy was the spark of the American Revolution. In 1761, James Otis denounced British Writs of Assistance. They empowered every petty official to rummage through homes and businesses in search of contraband or smuggled goods. He amplified: “It is a power that places the liberty of every man in the hands of every petty officer.” John Adams chronicled: “Then and there the child of independence was born . . .”

In 1763, William Pitt the Elder spoke against an excise tax on cider to the British Parliament in words that thundered throughout the American colonies: “The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail, its roof may shake; the wind may blow through it; the storms may enter, the rain may enter, — but the King of England cannot enter; all his forces dare not cross the threshold of the ruined tenement.”

The Constitution’s framers knew from thousands of years of recorded history that the greatest dangers to liberty emanate from government.

The Fourth Amendment was ratified to enshrine the right to be let alone as a constitutional imperative. Its protections do not depend on the outcome of any election or the spasms of public opinion frightened by terrorist attacks. As World War II raged, Supreme Court Justice Robert Jackson sermonized in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943):

The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.

The Fourth Amendment intentionally creates barriers to law enforcement and a risk-free existence by delimiting the power of government to conduct searches and seizures that disturb privacy. It provides:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Accordingly, the government must ordinarily obtain a warrant from a neutral magistrate based on probable cause and particularized suspicion of crime before individual privacy may be upset. In circumstances in which a warrant is not constitutionally mandated, searches and seizures must nevertheless satisfy a “reasonableness” standard.

The Constitution was intended to endure for the ages. Its authors knew that unforeseen changes in technology or otherwise would require atextual interpretations to honor the Constitution’s purposes. They understood, like St. Paul in 2 Corinthians 3:6, that “the letter killeth, but the spirit giveth life.” Thus, Chief Justice John Marshall observed in McCulloch v. Maryland, 17 U.S. 316 (1819) that the Constitution “was intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.”

The Fourth Amendment was ratified to prevent governmental evil — even at the expense of handicapping law enforcement.

The Supreme Court has instructed that the Fourth Amendment should be interpreted to safeguard privacy expectations despite vast changes in government surveillance technologies and capabilities that are no less robust than the privacy expectations of the citizenry in 1791 when the Amendment was ratified.

In Kyllo v. United States, 533 U.S. 27 (2001), the Court held that the warrantless use of a thermal-imaging device aimed at a private home violated the Fourth Amendment. Writing for the majority, Justice Antonin Scalia amplified:

While it may be difficult to refine the Katz [reasonable expectation of privacy test] when the search of areas such as telephone booths, automobiles, or even the curtilage and uncovered portions of residences are at issue, in the case of the search of the interior of homes — the prototypical and hence most commonly litigated area of protected privacy — there is a ready criterion, with roots deep in the common law, of the minimal expectation of privacy that exists, and that is acknowledged to be reasonable. To withdraw protection of this minimum expectation would be to permit police technology to erode the privacy guaranteed by the Fourth Amendment. We think that obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical “intrusion into a constitutionally protected area,” constitutes a search — at least where (as here) the technology in question is not in general public use. This assures preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.

Emails or text messages in the Age of the Internet are the functional equivalent of letters in 1791, and should thus command the same protection under the Fourth Amendment. And as to the latter, Justice Stephen J. Field declared in Ex Parte Jackson, 96 U.S. 727 (1877):

The right to designate what shall be carried necessarily involves the right to determine what shall be excluded. The difficulty attending the subject arises, not from the want of power in Congress to prescribe regulations as to what shall constitute mail matter, but from the necessity of enforcing them consistently with rights reserved to the people, of far greater importance than the transportation of the mail. In their enforcement, a distinction is to be made between different kinds of mail matter,— between what is intended to be kept free from inspection, such as letters, and sealed packages subject to letter postage; and what is open to inspection, such as newspapers, magazines, pamphlet , and other printed matter, purposely left in a condition to be examined. Letters and sealed packages of this kind in the mail are as fully guarded from examination and inspection, except as to their outward form and weight, as if they were retained by the parties forwarding them in their own domiciles. The constitutional guaranty of the right of the people to be secure in their papers against unreasonable searches and seizures extends to their papers, thus closed against inspection, wherever they may be. Whilst in the mail, they can only be opened and examined under like warrant, issued upon similar oath or affirmation, particularly describing the thing to be seized, as is required when papers are subjected to search in one's own household.

Premium protection of privacy according to constitutional mandates does not mean weak government. Justice Jackson explained in West Virginia State Board of Education, supra:

Government of limited power need not be anemic government. Assurance that rights are secure tends to diminish fear and jealousy of strong government, and, by making us feel safe to live under it, makes for its better support. Without promise of a limiting Bill of Rights, it is doubtful if our Constitution could have mustered enough strength to enable its ratification. To enforce those rights today is not to choose weak government over strong government.

The Constitution’s framers knew from thousands of years of recorded history that the greatest dangers to liberty emanate from government, not private miscreants, criminal organizations, or non-state actors like al Qaeda. The industrial scale slaughters of the Canaanites and Amalekites chronicled in the Old Testament are emblematic. In more recent times, the Third Reich, the Soviet Union, and Communist China have been complicit in genocide or crimes against humanity that have killed up to 200 million. Unlike private parties or non-state actors, government enjoys a monopoly of legalized violence and the power to tax and to conscript, which facilitates repression on a vast scale. The Fourth Amendment was ratified to prevent this government evil — even at the expense of handicapping law enforcement.

The Constitution — including the Fourth Amendment — is premised on the belief that accepting the risk of being the victim of injustice is morally superior to risking complicity in it. Thus, the due process clause requires proof beyond a reasonable doubt and jury unanimity for a criminal conviction. That standard means some guilty persons will escape punishment and be released with a risk of recidivism. But it also means a diminished risk of convicting the innocent and implicating the entire society in injustice. Justice John Marshall Harlan explained in In re Winship, 397 U.S. 358 (1970) (concurring opinion): “I view the requirement of proof beyond a reasonable doubt in a criminal case as bottomed on a fundamental value determination of our society that it is far worse to convict an innocent man than to let a guilty man go free.”

Even with the reasonable doubt standard, an alarming number of innocent defendants are convicted. According to the Innocence Project, there have been 333 post-conviction DNA exonerations alone since 1989. Of that number, 20 had served time on death row. On average, each innocent defendant had served 14 years in prison.

It is probable that the vast majority of criminal investigations that materially encroach on privacy target innocent persons.

The Fourth Amendment’s reasonableness standard circumscribes government searches and seizures despite the impairment to effective law enforcement. The reasonableness standard is first cousin to the reasonable doubt standard in criminal prosecutions. It is founded on the philosophical principle that it is better to protect the right to be let alone when there is no government showing of a compelling need than to apprehend and punish all criminals. The Fourth Amendment knowingly accepts the risk that some criminals will escape detection that unfree peoples do not because it prefers liberty to a futile quest for a risk-free existence.

Investigations of crime through searches or seizures encroach on liberty irrespective of whether a criminal charge is forthcoming.

The target must retain an attorney at substantial expense to protect against false suspicions or accusations. The investigation, simpliciter, makes the target socially or professionally radioactive — leading to ostracism, the loss of income, family strife, or worse. In the Age of the Internet, the target’s reputation may be irreparably blemished. False and defamatory statements emerging from an investigation are impossible to scrub from the electronic grid. There are countless Richard Jewells of the world of less notoriety.

The percentage of investigations that lead nowhere and thus gratuitously invade privacy is unknown. But clues are available from the Federal Bureau of Investigation’s assessment data. From 2009–2011, the Bureau opened 42,888 assessments of persons or organizations seeking signs of terrorism or espionage. A database search In May 2011 showed that 41,056 of the assessments had been closed without result, and that 1,986 had progressed to preliminary or full investigations — a false positive rate of over 95%. During that period, 39,437 assessments were initiated seeking signs of ordinary criminal activity, and 36,044 had been closed without result, while 1,329 had progressed to preliminary or full investigations — a false positive rate approaching 97%.

The Supreme Court’s crabbed interpretations of the Fourth Amendment have made privacy subservient to highly speculative claims of law enforcement and national security.

It is thus probable that the vast majority of criminal investigations that materially encroach on privacy target innocent persons. No law awards them compensation for the government’s invasion of their privacy and probable permanent loss of a livelihood.

In light of these considerations, the Fourth Amendment or complementary federal or state statutes should prohibit any government search or seizure that materially encroaches on the right to be let alone unless the encroachment furthers a compelling government interest and does so with techniques least disturbing to privacy. Search warrants that satisfy the Fourth Amendment should ordinarily not be utilized unless there is probable cause to believe that very serious criminal activity is afoot, not trivial crimes like marijuana possession or use.

The Withering Away of Privacy

The right to privacy has withered since 1791.

Federal criminal prohibitions have proliferated from a handful in 1790 to thousands today. Each prohibition provides a new government justification for invading privacy in the name of law enforcement. A study by the Federalist Society found that by 2007 the United States Code contained more than 4,450 criminal offenses.

Further, a growing number of federal crimes impose strict liability with no mens rea. They justify investigations with no suspicion that the target acted with a guilty mind.

Additionally, the government began the dragnet collection of foreign intelligence as the United States changed from a republic to a global empire. Foreign intelligence is virtually limitless in scope and generally shielded from legal accountability through the Executive Branch’s invocation of state secrets.

Technology has advanced by leaps and bounds that enable ever-greater government encroachments on privacy, for instance, the interception, retention, and search of every phone or email communication at relatively modest cost.

Finally, the Supreme Court’s crabbed interpretations of the Fourth Amendment — including the third party doctrine — have made privacy subservient to highly speculative claims of law enforcement or national security.

The Proliferation of Federal Criminal Prohibitions. Under the Constitution, there are no federal common law crimes, as the Supreme Court declared in United States v. Hudson, 11 U.S. 32 (1812). Federal crimes are creatures of statutes. The first was the Crimes Act of 1790. It created but a handful of offenses, for instance, misprision of treason, piracy, or counterfeiting.

No Department of Justice or Federal Bureau of Investigation was then created for law enforcement, which was largely ad hoc in response to private complaints.

At present, the number of federal criminal prohibitions are too numerous and scattered to count accurately.

In 1791, privacy was tightly safeguarded against federal intrusions. Yet public safety was not compromised. The federal government scrupulously respected privacy for nearly a century after its beginning. The Supreme Court initially confronted Fourth Amendment claims in Ex Parte Jackson, supra, and Boyd v. United States, 116 U.S. 616 (1886). During the previous decades, crime was not a political issue in a single federal election campaign for the House, Senate, or presidency.

The presidency of Theodore Roosevelt inaugurated the federal regulatory state with the Pure Food and Drug Act of 1906 and Hepburn Act of 1906. Then came the Harrison Narcotics Act of 1914, the Prohibition Era, and the New Deal. By 1940, then Attorney General Robert Jackson was warning:

What every prosecutor is practically required to do is to select the cases for prosecution and to select those in which the offense is the most flagrant, the public harm the greatest, and the proof the most certain.

If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants. Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than pick cases that need to be prosecuted. With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him. It is in this realm — in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes being unpopular with the predominant governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself. (“The Federal Prosecutor,” address delivered by Robert H. Jackson, April 1, 1940)

During the 75 years that have elapsed since the Attorney General’s address, the problem of investigative or prosecutorial abuses which cripple privacy has intensified. At present, the number of federal criminal prohibitions are too numerous and scattered to count accurately. Renowned attorney Harvey Silverglate authored Three Felonies A Day in 2009. It chronicles the octopus-like expansion of the federal criminal law and corresponding law enforcement abuses portended by Jackson.

At present, the Department of Justice budget approximates $30 billion annually, a sum which supports more than 100,000 law enforcement personnel.

Federal Strict Liability Offenses. The federal regulatory state features a growing number of strict liability or public welfare offenses in which an innocent mind is no defense. Violations of the federal wire fraud statute or the Marine Mammal Protection Act are illustrative. Wade Martin was convicted under the latter act for selling sea otters to a person whom he mistakenly believed was a native Alaskan.

These types of crimes were unknown when the Fourth Amendment was ratified. Justice Robert Jackson explained the strong common law presumption of an evil intent combined with an evil act to satisfy the threshold for criminality in Morissette v. United States, 342 U.S. 246 (1952):

The contention that an injury can amount to a crime only when inflicted by intention is no provincial or transient notion. It is as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil . . . Unqualified acceptance of this doctrine by English common law in the Eighteenth Century was indicated by Blackstone's sweeping statement that to constitute any crime there must first be a “vicious will."

The growth of strict liability offenses in the regulatory state further lowers the barriers to the initiation of government investigations that encroach upon privacy.

Foreign Intelligence. With the post-World War II transformation of the United States into a global power and the Cold War, the President commenced the collection of foreign intelligence without warrants or congressional oversight based upon an unbounded interpretation of Article II. At present, pursuant to Executive Order 12333, the government gathers foreign intelligence on the President’s say-so alone both domestically and abroad. The definition of foreign intelligence is sweeping, i.e., “information relating to the capabilities, intentions and activities of foreign powers, organizations or persons, but not including counterintelligence except for information on international terrorist activities.”

Foreign intelligence is also collected by the President within the United States under the Foreign Intelligence Surveillance Act, as amended.

The volume of foreign intelligence collected by the government against United States persons is probably beyond ordinary human comprehension.

Internet communications are intercepted, retained, and searched without probable cause to believe crime or international terrorism is afoot. The magnitude of citizen privacy invaded under the Executive Order is unknown because its implementation is cloaked in secrecy, and the government cannot be trusted to volunteer the truth. The Director of National Intelligence, James Clapper, for instance, lied to the Senate Intelligence Committee under oath in denying that the National Security Agency was collecting data against millions of Americans.

Making reasonable inferences from the disclosures of Edward Snowden, the volume of foreign intelligence collected by the government against United States persons is probably beyond ordinary human comprehension.

Technology. The development of technology since the ratification of the Bill of Rights has armed the government with unprecedented tools or instruments for invading privacy. They include wiretapping, surveillance drones, electronic surveillance, DNA collection, facial recognition equipment, thermal-imaging instruments, and instantaneous, inexpensive retrieval of information from vast databases. Supreme Court Justice Sonia Sotomayor amplified in United States v. Jones, 565 U.S. __ (2012) (concurring opinion):

GPS monitoring generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations. See, e.g., People v. Weaver, 12 N. Y. 3d 433, 441–442, 909 N. E. 2d 1195, 1199 (2009) (“Disclosed in [GPS] data . . . will be trips the indisputably private nature of which takes little imagination to conjure: trips to the psychiatrist, the plastic surgeon, the abortion clinic, the AIDS treatment center, the strip club, the criminal defense attorney, the by-the-hour motel, the union meeting, the mosque, synagogue or church, the gay bar and on and on”). The Government can store such records and efficiently mine them for information years into the future. Pineda-Moreno, 617 F. 3d, at 1124 (opinion of Kozinski, C.J.). And because GPS monitoring is cheap in comparison to conventional surveillance techniques and, by design, proceeds surreptitiously, it evades the ordinary checks that constrain abusive law enforcement practices: “limited police resources and community hostility,” Illinois v. Lidster, 540 U.S. 419, 426 (2004).

Supreme Court Decisions. The law is generally backward-looking and tardy in responding to new technology. Nearly forty years elapsed before the Supreme Court in Katz v. United States, 389 U.S. 347 (1967) corrected its erroneous holding in Olmstead v. United States, supra, that conversations were outside the protection of the Fourth Amendment.

Katz established a reasonable expectation of privacy standard to inform Fourth Amendment interpretations. But the Court soon rendered the standard toothless in a pair of decisions divorced from reality.

In United States v. Miller, 425 U.S. 435 (1976), the Court held that the Fourth Amendment is inapplicable to a customer’s bank records that are subpoenaed by the government for the purposes of criminal prosecution. Writing for the Court, Justice Lewis Powell explained:

The depositor takes the risk, in revealing his affairs to another, that the information will be conveyed by that person to the Government. United States v. White, 401 U.S. 745, 751–752 (1971). This Court has held repeatedly that the Fourth Amendment does not prohibit the obtaining of information revealed to a third party and conveyed by him to Government authorities, even if the information is revealed on the assumption that it will be used only for a limited purpose and the confidence placed in the third party will not be betrayed.

In Smith v. Maryland, 442 U.S. 735 (1979), the Court similarly held that a phone subscriber had no reasonable expectation of privacy in his dialed phone numbers because they were knowingly shared with the phone company. Thus, the Fourth Amendment did not apply to the government’s suspicion-less use of pen registers in the investigation of crime. Justice Harry Blackmun amplified:

When he used his phone, [the subscriber] voluntarily conveyed numerical information to the telephone company and ‘exposed’ that information to its equipment in the ordinary course of business. In so doing, petitioner assumed the risk that the company would reveal to police the numbers he dialed.

Both Miller and Smith are wildly misconceived. Everyone possesses a reasonable expectation that sensitive or confidential information shared with intimates or businesses for benign, professional, or narrow purposes will not be provided to the government. It has the motive and ability to imprison or otherwise harm you. Internet users share email content with internet service providers without any expectation that the National Security Agency will be privy to the communication. The same can be said, for text messages known to phone companies in the ordinary course of business. But under Miller and Smith, the Fourth Amendment leaves unprotected the contents of every email or text message communication in the United States. The NSA is defending the constitutionality of its bulk collection, retention, and search of telephony metadata regarding every phone call in the United States by relying on Miller and Smith.

Restoring the Right to Be Let Alone

Congress should not tarry in the enactment of legislation that rolls back the staggering encroachments on the right to be let alone that have transpired since the ratification of the Fourth Amendment in 1791.

Atop the agenda should be a Privacy Protection Restoration Act (PPRA), to provide as follows:

A person may assert as a defense in any proceeding alleging noncompliance with a search warrant, subpoena, national security letter, or other government order that compliance would materially encroach on the privacy of that person or a third party unless the government proves by a preponderance of the evidence that compliance is necessary to advance a compelling government interest in law enforcement, and, that the technique for collecting the information minimally encroaches on privacy.

In determining whether compliance with a search warrant, subpoena, national security letter, or other government order would advance a compelling government interest, the court shall consider, among other things, the seriousness of the crime under investigation and documented proof that the investigatory technique to be used in obtaining the information has been substantially effective historically in preventing, deterring, or punishing crime or international terrorism.

The principles behind the PPRA should inform deliberations on pending legislation to update the obsolete Electronic Communications Privacy Act of 1986 (ECPA).

The Email Privacy Act would require the government to obtain a warrant based on probable cause to access the content of any email from an internet service provider irrespective of the email’s age. At present, ECPA restricts protection of email content to communications that have been stored for 180 days or less. That limit was held unconstitutional in United States v. Warshak, 631 F. 3d 266 (6th Cir. 2010). Under any sensible interpretation of the Fourth Amendment, all email content of whatever age should be protected absent a warrant based on probable cause.

Globalization was in its infancy when ECPA was enacted. Most Internet communications and storage took place within the United States. The probability of interjurisdictional conflicts over stored emails outside the United States was more hypothetical than real. Congress predictably remained enigmatic on ECPA’s application to electronic records stored in foreign lands.

Under any sensible interpretation of the Fourth Amendment, all email content of whatever age should be protected absent a warrant based on probable cause.

Three decades later, that opaqueness is unsatisfactory. Law enforcement officials in one country commonly seek access to records in another country. Whose privacy laws apply? The issue has jumped to the forefront because of United States v. Microsoft. In that case, the Department of Justice sought to compel Microsoft to produce emails located on servers in Dublin, Ireland. But the United States Court of Appeals denied that the Storage Communications Act granted that authority. The case might reach the United States Supreme Court.

During the last Congress, a bill known as LEADS would have addressed the issue in the following way.

The government would be authorized to use a warrant to compel production of electronic communications stored abroad if it concerned a United States citizen. There is nothing irregular about extraterritorial application of United States laws to the activities of its citizens. Congress, for instance, has criminalized foreign travel to engage in illicit sex (18 U.S.C. 2423).

The LEADS authorization, nevertheless, would have been worrisome. Reciprocity is the norm on the international stage. If the United States can gain access to information about United States persons stored in China or Russia, we would be required as a matter of comity to permit those countries to obtain access to electronic information about their citizens stored in the United States. Since both China and Russia are lawless nations, their governments can be expected to employ this power to persecute dissidents or otherwise violate human rights. In other words, LEADS’ authorization to use search warrants to retrieve information about United States citizens stored abroad may be a cure worse than the disease.

How important are such search warrants to law enforcement?

At present, we are clueless. Such warrants may be vital or marginal to the investigation of serious crimes. A legislative precedent should not be created that would assist persecution of Chinese or Russian dissidents unless it satisfies a very high threshold of urgency.

We cannot take the government’s law enforcement claims at face value. The government insisted that three counterterrorism laws that have slumbered from birth were imperative: the Alien Terrorist Removal Procedures, Section 412 of the Patriot Act, and the lone-wolf amendment to the Foreign Intelligence Surveillance Act. They have never been used.

Authoritarian governments can be expected to employ reciprocal power to persecute dissidents or otherwise violate human rights.

Congress should thus prohibit the use of search warrants extraterritorially unless the Executive provides hard, nonspeculative evidence that the authority is necessary in a significant number of cases to prosecute significant crimes. The privacy of United States citizens should not be compromised absent demonstration of a compelling government need.

LEADS would have authorized an internet service provider to resist a search warrant’s use extraterritorially by proving that compliance would violate the laws of a foreign country to the issuing tribunal. But United States courts are amateurs in the interpretation of foreign laws. They would be prone to error absent expert testimony. And years could be consumed in litigating appeals of trial court decisions, which frequently would prove fatal to the investigation. The LEADS game for extraterritorial use of search warrants is probably not worth the candle.

Unless much more convincing evidence of law enforcement need is forthcoming, legislation should prohibit the use of search warrants extraterritorially to obtain electronic communications about United States citizens. That would avoid setting a precedent that would assist China, Russia, or other lawless nations in persecuting their dissidents without material offsetting benefits to United States law enforcement.

The United States would not go dark abroad without the use of search warrants extraterritorially. We have more than 50 Mutual Legal Assistance Treaties with other countries that facilitate the voluntary sharing of evidence and information in criminal cases or other government investigations. The MLAT process can be employed whether or not the information sought concerns a citizen or foreigner. It satisfies customary standards of international comity and avoids interjurisdictional conflicts. But new legislation can make the MLAT process more efficient and transparent.

Conclusion

Privacy is the cornerstone of a flourishing democratic dispensation that celebrates a liberty-centered universe. It has withered over the years succumbing to inflated claims of law enforcement or national security.

Congress should restore privacy as the crown jewel of the nation by enacting a Privacy Protection Restoration Act to impose a heavy burden on the government to justify every material encroachment on privacy. If Congress does nothing, privacy is destined to crucifixion on a national security cross.




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Notes on the Extinctions at the Top of the World

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Between bouts of ducking and covering under my second-grade desk in case the Russians dropped an atom bomb on our classroom, I spent a lot of time studying geography. Not because my teacher emphasized matters geographical, but because she had a thing about homework. And not in a good way.

On the first day of class she handed out the first assignment and I did the obvious thing. I forgot about it. She didn’t forget, though, and the next morning, while the other kids were enjoying recess, I got invited to sit at my desk and complete the work. I passed the time staring at islands on the big world map next to the blackboard. On the third day I owed two homeworks, both of which would have to be turned in before I could head out to recess. Come April, I owed a hundred-and-some homeworks and all possibility of recess had forever receded below the horizon. If my family hadn’t moved to another city, I’d still be in second grade, puzzling over the Rorschach shapes of faraway islands.

Svalbard has the most polar bears of anywhere in the world — more even than Churchill, Manitoba, where bears sashay down Main Street eating people’s dogs.

There are a lot of islands in the world, and I came out of that experience with a geographical bucket list of almost bottomless capacity. It was, looking back, a list based on shape and remoteness instead of anything particular my seven-year-old self knew about any of the islands. Which is how my seven-year-old self wound up sending me to Svalbard more than half a century later, still thinking the place should be called Spitzbergen, the way it used to be.

The two things that I knew about Svalbard were that it is very far north, farther north, even, than Siberia, as far north as the northernmost reaches of Greenland; and that Svalbard had the most polar bears of anywhere in the world — more even than Churchill, Manitoba, where bears sashay down Main Street eating people’s dogs. Also, my seven-year-old self wanted to be there in the winter for the true Svalbard experience, and to see the Northern lights.

Longyearbyen, the capital of Svalbard, is the former silver medalist for the title of northernmost civilian place on the planet. In the ’90s it got defaulted up to northernmost when the model Soviet city 50 miles west and a dozen or so closer to the pole was disqualified on account of going out of business. My wife and I lodged in a room in Longyearbyen, in barracks that housed coal miners before the miners rioted over their poor living conditions. Longyearbyen seemed an apt enough name for somewhere to be stuck on a yearlong contract digging coal. No wonder the miners rioted. It took a while for me to find out that the town was named after John Munro Longyear, the Michigan timber baron who began the mining operations in 1906.

It looked like a rundown middle-school gym, if middle-school gyms came plastered with posters of heroic Red Army soldiers from the Great Patriotic War, tarted up with gold CCCP’s on red backgrounds.

People who didn’t riot were the inhabitants of the Soviet model city. According to the young Russian who showed us around, it had been a very desirable place to be, Soviet-Unionwise. It’s called Pyramiden and people waited years to be assigned there. Like Longyearbyen, Pyramiden was a coal-mining town. We boated over one day to check it out.

There was a big, brass, snow-blown bust of Lenin welcoming us to the Sports Palace. The Palace had a basketball court and a tawdry little music room and an even tawdrier niche fitted out with shelves that some wag had designated as a library. It looked like a rundown middle-school gym in a community that had experienced a property-tax revolt, if middle-school gyms came plastered with posters of heroic Red Army soldiers from the Great Patriotic War, tarted up with gold CCCP’s on red backgrounds. There was also a sinister sounding building called the Tulip Hotel, which, since we weren’t Soviet royalty off on a junket, we weren’t allowed inside of. “Everything here was free,” beamed the Russian who showed us around. He was too young to know better.

Free included a bleak apartment in the men’s building, if you were a guy. In the ladies’, if you weren’t. There were rumors of a secret tunnel connecting the two which were hard to credit since both buildings were constructed several feet off the ground because of permafrost. Still, if you could manage to hook up with a coal miner of the opposite sex you hit the jackpot because married people got upgraded to a couple’s apartment. There must have been a limited number of those apartments, though, or people would have been allowed to meet out in the open rather than having to sneak around in tunnels.

Free also, of course, included all the labor those miners put in. And the food, the food was free, too. Evidence about what kind of food you can get for free lurks in the abandoned institutional kitchen. Mostly it seemed to have been canned peas stirred in huge electric-powered tubs that reminded me of the first-generation washing machines you see in photographs from the Depression. Free industrial peas at the end of working all day in the mines — no wonder the vodka was free, too. The vodka is still there. You can purchase a shot at the northernmost bar in the world. One taste, and you realize why it hasn’t migrated to a more competitive locale. And why it had to be free.

“Everything here was free,” beamed the Russian who showed us around. He was too young to know better.

High class people. Doctors. Lawyers. Folks with political pull pulled strings to get sent to a place farther north than Siberia so they could work in mines all day and eat cafeteria peas at night and hook up in tunnels like horny junior-high kids and shoot down vodka that would have etched the chrome off the fancy ZiL limousines the nomenklatura were chauffeured around in back home. A few miles away, Norwegian miners were rioting because they didn’t like the rooms they were given, but these poor schnooks thought they were living in paradise. There may have been Northern lights somewhere, but I wouldn’t know. It turns out the Northern lights are easier to see when it isn’t snowing all the time.

Also, I should have given a bit more thought to that business about seeing polar bears. Even my seven-year-old brain could have put it together. Bears. Winter. Hibernation. But I wasn’t any more analytical when I planned the trip than I’d been about not turning in my homework.

Or the bear thing may have had something to do with the fact that polar bears are dying out. All the right people say so. The pack ice is melting and bears all over the Arctic are falling into the water and starving to death, so if you live in Churchill, keep a close eye on your pets. There are a lot of hungry bears wading ashore. But people in Svalbard didn’t seem to be worried about polar bears dying out. They were worried about being eaten by bears. On Svalbard, you’re required by law to carry a high-powered rifle when you step outside of town.

Longyearbyen has a university, the Harvard of the Arctic, according to the Toronto Star, where you can study oceanography, but I wouldn’t. Studying oceanography involves SCUBA diving, and there are plenty of fine programs at places more equatorial than the Barents Sea. They have a nice museum at the university, though, a museum that focuses on geology and, this being Svalbard, the glaciers that sit on top of the geology. It was while I was reading about those glaciers that I came across this:

For the past four to five thousand years the Earth has been subject to a marked cooling, which gradually has created better conditions for the growth of glaciers and permafrost. Five thousand years ago the average temperature in Svalbard was around 4 degrees warmer than today. Then, one would probably have had to climb 200-400m up in the mountains in order to find permafrost, and many of today’s glaciers would not then have existed. The largest glaciers would have existed in a much reduced size. Many of Svalbard’s glaciers, therefore, are less than three to four thousand years old.

They were worried about being eaten by bears. On Svalbard, you’re required by law to carry a high-powered rifle when you step outside of town.

Svalbard has gotten a lot of attention over the past few months for being the ground zero of global warming. Maybe, even, a bit above zero, sometimes. Degrees on Svalbard have shot up quicker than degrees anywhere else on earth, which got me to wondering about those polar bears. Polar bears have been floating around in the Arctic for something like 200,000 years. Even if Svalbard is warming up today, what were they floating on 5,000 years ago? The sign didn’t say, so I had to look it up on my own. And discovered that there are two schools of thought on the bear situation.

The first is the one you’ve already heard. The other is that the bear population has exploded in recent years, mainly because of an international ban on polar bear hunting. When I tried to look up the exact numbers, I found some in the articles that thought there were more bears than ever. Twenty-five thousand, and climbing. Thirty-thousand, with populations of bears well established in dozens of locations throughout the polar region. The articles that thought the bears were dying out talked about pack ice. Less pack ice than ever. You can drive to the North Pole in your bass boat, if you want to.

Now I’m not a polar bear scientist and I’m not qualified to judge the quality of those articles, but it did seem to me that one side was willing to commit to real numbers and the other, well, the other weaseled out of addressing the question.




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Ich Bin Ein Latino

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Who is a Latino? According to the Oxford English Dictionary, the word “Latino,” as used in North America, means, “a person of Latin American origin or descent.” That seems pretty straightforward. So, if you’re looking for a simple answer to a seemingly simple question, there it is. If, on the other hand, it strikes you as too neat and you’d like to know why that is, read on.

* * *

In order to use the OED definition to determine who is a Latino, one must first take out an atlas and determine exactly where Latin America is. While this may seem like hair-splitting, it’s not. The boundaries of Latin America and the parameters of the definition are inextricably intertwined. For example, if my grandfather was born in, say, Cuba, am I a Latino? Yes? How about Haiti? OK. Jamaica?

The first line that can be drawn is along the southern border of the US. While some suggest that it should be drawn considerably farther north to include the territory the US took from Mexico, for the moment, there is general agreement that Latin America is composed only of lands south of what may one day be called Trump’s Wall.

There is also some disagreement about which of the lands south of the US should be considered part of Latin America. While the United Nations takes the broad view, considering all of the nations and territories in the Western Hemisphere south of the US to be part of “Latin America and the Caribbean,” intentionally overlooking all historical and linguistic differences, the people who actually live in the Americas are more selective. While they generally agree that nations whose primary language is Spanish are part of Latin America and that those whose primary language is either English or Dutch are not, there is a difference of opinion regarding the inclusion of those whose primary language is either Portuguese or French.

Just because a person is of Latin American origin or descent does not mean that he speaks a language directly descended from Latin.

A circumnavigation of the blogosphere gives a fairly clear picture of the dispute. The majority opinion seems to be that because Portuguese and French are, like Spanish, directly descended from Latin, nations that speak one of these languages should be considered part of Latin America. Support for the inclusion of Portuguese was stronger than for French, perhaps because Portuguese and Spanish are more alike. That there are about 400 million Spanish, 200 million Portuguese, and around 11 million French speakers in the region may have had something to do with it as well. (Interestingly, the OED joined the minority in this case and chose to exclude francophone countries in its definition of Latin America.)

In any case, this is the map of Latin America, with all the Romance speaking countries in and all the Germanic speaking countries out, as confirmed by the collective wisdom of Wikipedia. In South America, by this reckoning, only Surinam (once Dutch Guyana) and Guyana (once British Guyana) are not part of Latin America, while in Central America the only country that is excluded is Belize (once British Honduras). In the Caribbean, all the English and Dutch speaking islands are excluded, including Jamaica, Barbados, Aruba, Curaçao, and all the others. The rule is simple, really: English and Dutch need not apply. (The island that in English is called Saint Martin has been divided since 1648 between France and the Netherlands. The French side is in Latin America, the Dutch side is not.)

* * *

Does it follow that because a nation must speak a Romance language to be part of Latin America, a person must speak a Romance language to be considered a Latino? It does not. Just because a person is of Latin American origin or descent does not mean that he speaks a language directly descended from Latin.

For instance, consider a child born in Peru of Peruvian parents who is raised to speak only Quechua, the language of the Incas. That the child does not speak Spanish, or any other Romance language, does not alter the fact that he is of Latin American origin and is, therefore, a Latino.

This is not a hypothetical case. There are millions of people in Latin America who speak Quechua, Guarani, Kekchi, and Nahua, to name the most widely spoken of the hundreds of indigenous languages still in use. In 2007, Richard Baldauf, in Language Planning and Policy in Latin America, estimated that 17% of the 40 million or so indigenous language speakers in Latin America were monolingual, which means that there are something like seven million people in the region who not only don’t speak a Romance language but don’t speak any Indo-European language at all, who are, nonetheless, Latinos.

Whatever their numbers are, the millions of people of Latin American origin or descent in the US who speak only English are also Latinos.

Neither is it hypothetical that monolingual speakers of indigenous languages from Latin American countries migrate to the US. In 2014, the New York Times reported on a Mixtec speaker from Mexico who arrived in East Harlem without Spanish or English. An estimated 25 to 30 thousand Mixtec speakers live in New York City alone, and there are about 500,000 Latin Americans in the US who speak indigenous languages. They are all Latinos.

To be clear, monolingual speakers of indigenous languages born in countries south of the US border where the primary language spoken is Germanic, meaning English or Dutch, would, of course, not be considered Latinos. This restriction would apply, for example, to Guyana (the former British Guyana), and to Surinam (the former Dutch Guiana), but not to French Guiana, which is, curiously, part of the European Union.

Next, consider the case of Mexican migrants living in the United States with a child who has been raised to speak only English. Is he a Latino? The answer has already been given. As he is of Latin American descent, he is a Latino.

Although neither the US Census Bureau nor the Pew Research Center seems to know how many English-only Latinos there are in the US, their stories abound on the internet and polling by the Pew Research Center shows that with each successive generation, the descendants of Latin American migrants are less likely to rely on the primary language of their antecedents. A 1999 Stanford report on the linguistic isolation of Hispanics of age 60 and older showed that more than 10% of the 125,000 polled spoke only English. Whatever their numbers are, the millions of people of Latin American origin or descent in the US who speak only English are also Latinos.

(As an aside, according to 2015 American Community Survey of the US Census Bureau, 3.4 million Spanish speakers in the US who were asked how well they spoke English responded “Not at all.” The question, presumably, was asked and answered in Spanish. They, too, are Latinos.)

* * *

Is it possible for a person who is not of Latin American descent and who was born outside of Latin America to be considered a Latino? Well, no, at least not according to the OED.

Before us is a Spanish child, born in Spain, of Spanish parents, raised and educated in a Spanish speaking home, then brought to the US at ten. Listen carefully. Just because a person is of Romance language country origin and descent does not mean he is a Latino. This child is not, and can never be, a Latino. It is simple, really. He is not of Latin American origin or descent.

But then there is Enrique Iglesias. His father, the singer Julio Iglesias, is from Spain, and his mother, the journalist Isabel Preysler, is from the Philippines. Enrique was born in Madrid, raised speaking Spanish, and currently lives in Miami. In 2010 he was named the King of Latino Pop by Latin Gossip magazine.

Just because a person is of Romance language country origin and descent does not mean he is a Latino.

While I will grant that the editors of this journal know far more about the scuttlebutt in the Vatican cafeteria than I could ever hope to, bestowing that title on Enrique makes as much sense as awarding the Nobel Prize for Literature to Bob Dylan. Unless, of course, the folks at Latin Gossip know more about the word “Latino” than the contributors to the Oxford English Dictionary.

Or consider Carmen Miranda. She was born in Portugal of Portuguese parents. She was taken to Brazil as a child, became a great singer, and then took America by storm, singing such hits as “Chica Chica Boom Chica,” and starring in such films as “Copacabana” before dying tragically in 1955. She is viewed as a latina icon by Literanista, a wonderfully eclectic blog that covers such matters. A quick review of feminist, Latino, and multicultural blogs confirms that Ms. Miranda has been universally designated and welcomed as a latina icon.

But hold on. Latin American origin? Well, no. Latin American descent? Again, no, not really. Far be it from me to second-guess the creator of Literanista, who undoubtedly knows far more about the life of Ste. Bernadette of Lourdes than is absolutely necessary, but to beatify she-of-the-fruit-hat as a “latina icon” makes no more sense than the coronation of Enrique. To be fair, it could be that the editor of Literanista hadn’t consulted her copy of the OED while researching the piece.

The case of New Mexico is trickier. About half of the people of the State of New Mexico are Spanish speaking, to one degree or another. Many of them have their roots in Mexico, but most of them, particularly those in the northern part of the state, are the direct descendants of the original Spanish settlers. (Santa Fe, the current capital, was founded in 1610, ten years before the Mayflower dropped anchor in Plymouth Harbor.) Often called Hispanos, many of them speak a sort of Old World Spanish. That the New Mexicans who are of Mexican descent are Latinos is clear, but are the Hispanos, who are direct descendants of Spanish settlers, Latinos?

To beatify she-of-the-fruit-hat as a “latina icon” makes no more sense than the coronation of Enrique.

Let’s say that the family tree of a Hispano man named Juan is populated exclusively by Spaniards who came directly from Spain to settle in New Mexico. As in the case of the “King of Latino Pop,” Juan was not born in Latin America and his ancestors were not Latin American. Is Juan a Latino? Well, no.

Let’s try this: New Mexico itself was once part of Mexico. If Juan’s ancestors were born in New Mexico at that time, they could be said to be of Latin American origin, which would mean that all of their descendants, including Juan, could be said to be Latinos.

Then there are the genizaros. During colonial times, the Spanish colonists of New Mexico snatched Native American children away from their tribes and forced them to work as domestic servants and, tragically, slaves. By 1776, a third of the people in what would become New Mexico were genizaros. According to some sources, the practice continued into the early 20th century. Today, there are about 300,000 direct descendants of genizaros in New Mexico, most of them Spanish-speaking.

(The word “genizaros” comes from the Turkish word “yeniceri” that translates into English as “janissary.” The Janissaries were Christian children captured by the Ottomans and then trained and compelled to serve in their military as shock troops.)

Are the genizaros Latinos? The same reasoning that could make it possible for Juan to be considered to be a Latino could also apply to the genizaros. If their ancestors were born in New Mexico when it was a part of Mexico, then those ancestors could be said to be Latinos. As direct descendants of those ancestors, the genizaros could be said to be Latinos, too.

If that line of reasoning is accepted, however, then the descendants of the children of American settlers in Texas who were born in Texas when it was a part of Mexico would have to be considered Latinos, too.

For example, the older children of Samuel May Williams, a close associate of Stephen F. Austin, were born in Texas when it was part of Mexico. Under the broad interpretation of “origin” used with the genizaros, any descendants of these children would have to be considered Latinos as well. It sounds rather Talmudic, but it could be viewed as heartless to deny the genizaros a place at the Latino table. If the only price that would have to be paid would be to make a little room at the table for a few Anglos whose patriarch acquired the 125-ton schooner Invincible, credited with depriving Santa Anna of much-needed supplies and reinforcements, thereby (arguably) ensuring Sam Houston’s victory at San Jacinto and the independence of Texas, it might be a good deal. After all, seven Tejanos died defending the Alamo.

That’s right, even the Inuit of Baffin Island would have to be considered Latinos. The same would probably have to apply to New France.

One more Talmudic twist: genetic tests have proven that many of the Hispanos of New Mexico were Jews from Spain who had either converted to Catholicism or feigned conversion to avoid the Inquisition. Their descendants, sometimes called conversos or marranos, could be considered Latinos, in the same way that Juan could. In fact, Juan may be a converso. (In Judaic scholarship, they are called the “anusim,” or “the forced ones.”)

There may be a problem. If the boundaries of Mexico prior to the creation of the Republic of Texas and the Treaty of Guadalupe Hidalgo are allowed to define Latin America, then the window of opportunity for a birth to convey latinidad to subsequent generations is small. While Mexico gained its independence from Spain in 1821, in 1836 Texas won its independence, and in 1848 the rest of the American Southwest became part of the US, so New Mexico was only part of Mexico for 27 years. Unless an ancestor of Juan gave birth to another of his ancestors during that interval, Juan might have no ancestor who was of Latin American origin, which would mean that Juan could not be a considered a Latino.

A possible solution hinges on the fact that, prior to becoming part of Mexico, New Mexico was part of the Spanish Empire. It would be tempting simply to stipulate that anyone who has an ancestor within the borders of Spanish America is, under the OED definition, a Latino. The sticking point is that Mexico is a Latin American country and Spain is not. If this exception were allowed, there would be people calling themselves Latinos who were not of Latin American origin or descent. This “Hispano exception” will be considered further, if only to see where the twisted path leads.

In 1494, Spain and Portugal signed the Treaty of Tordesillas, which divided the Americas with a single line, drawn north to south. Spain got everything to the west of the line; Portugal got everything to the east. The Pope gave the treaty his blessing, with the proviso that only non-Christian lands were fair game for conversion and conquest.

Is it correct to infer, from the fact that the OED definition of “Latino” makes no mention of the construct of race, that a person of any racial identity can be a Latino? Yes, it is.

An inescapable consequence of using the boundaries of Spanish America to determine “Latin American origin or descent” is that every Native American from Tierra del Fuego to Point Barrow would have to be considered a Latino. That’s right, even the Inuit of Baffin Island would have to be considered Latinos. (The same would probably have to apply to New France. Everyone with an ancestor who lived within its boundaries would also be a Latino.)

All of which illustrates the difficulties that can crop up when the OED guidelines are ignored. The line has to be drawn somewhere, and adherence to the OED parameters ensures consistency and clarity. “Hispano,” after all, means “Spanish,” not “Latin American,” and the Inuit probably have no wish to be Latinos, anyway.

* * *

Is it correct to infer, from the fact that the OED definition of “Latino” makes no mention of the construct of race, that a person of any racial identity can be a Latino? Yes, it is. Over the past 500-plus years, millions of migrants traveled from Europe, Africa, and Asia to join the millions of Native Americans already in Latin America. They are all Latinos.

A few examples will help underscore the point.

There are at least 17 million Latinos of German descent living in Latin America, of whom at least a million speak German. A handful of them are descendants of Nazis who fled Allied justice after Word War II.

Because of differing methods of determining race, estimates range from 19 to 67 million Latinos of African descent in South America alone, a fraction of whom are descendants of the thousands of runaway slaves, or maroons (from the Spanish cimarrónes), who created their own free communities, called palenques by the Spanish andmocambosorquilombos by the Portuguese.

if you’re riding on the city bus in Des Moines and a stranger sits next to you, you cannot know from his appearance or his language whether he is a Latino or not.

There are at least 2 million Latinos of Japanese descent living in Latin America, a few of whom who may be descended from the samurai recruited by the Spanish crown and brought from Manila harbor to protect the mule trains filled with Asian treasure being carried from Acapulco to Veracruz.

There are also thousands of Latinos who are descendants of the “Confederados” who fled Yankee occupation at the end of the Civil War and settled in southern Brazil.

All these people are Latinos.

In addition, there are many millions of people living in Latin America whose genes reflect the endless combinations that such diverse ancestors make possible. In colonial times, there was a peculiar and intricate system of classification called “las castas” that assigned names, some of them quite exotic sounding, to a multitude of the combinations. Some of the names are still in use today. The bearers of these names, too, are all Latinos.

In the US, there are Latinos of many racial identities as well. In the 2010 US Census, the more than 50 million who marked the box for “Hispanic, Latino, or Spanish,” went on to identify their “Race,” by indicating one of the following categories: “White, Black or African American, American Indian and Alaska Native, Asian, Native Hawaiian or Other Pacific Islander, Some Other Race, or Two or More Races.” In excess of 26 million, or 53% of the respondents, identified themselves as “White.” Latinos, all.

Further proof is unnecessary: Latino is not a race.

* * *

To summarize:

  1. Latin America comprises all the Romance language speaking countries in the Western Hemisphere south of the United States.
  2. A person born in Latin America is a Latino.
  3. A person born outside of Latin America who has Latin American antecedents is a Latino.
  4. A Latino does not have to speak any particular language.
  5. A Latino does not have to have any particular racial identity.

In other words, if you’re riding on the city bus in Des Moines and a stranger sits next to you, you cannot know from his appearance or his language whether he is a Latino or not. Two examples will make this point.

A dark-skinned man with the distinctive profile of a Mayan aristocrat takes his seat and starts to talk with the man in front of him in Spanish. Is he a Latino? No. He is from Belize.

A blonde-haired, blue-eyed man sits next to you and starts talking to his friend across the aisle in German, but with a soft accent that you can’t quite place. Intrigued, you gather up your courage and say, “Excuse me, I hope you don’t mind my asking, but, are you by any chance Swiss?”

He quickly purses his lips in suppressed amusement before answering, “Nein, ich bin ein Latino.”




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Talk Tough but Temporize

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During the 2016 presidential campaign Donald Trump criticized President Obama’s Cuba policy and promised to reverse it. However, after Trump’s win, during the transition, “he and Secretary of State Rex Tillerson privately expressed support for Obama’s Cuba policy,” according to a June 2 ABC News report.

In typical Trump fashion, the candidate talked tough but the president is keeping his options open as he educates himself on the issues. And in typical government fashion, a “policy review” under the auspices of the National Security Council was set up to study the issues. It was supposed to report its recommendations on May 20, the 115th anniversary of Cuban independence, but the issues turned out to be more complex than originally envisioned, and Saudi Arabia — President Trump’s location on that hallowed day — didn’t seem like an appropriate venue to berate Cuba on its human rights record.

Yes, that’s right: in a Wilsonian-Carterian flourish, Trump’s Cuba policy “will have important differences with respect to that of Barack Obama, especially with a ‘major emphasis’ on human rights,” according to Francisco Palmieri, Acting Assistant Secretary of State for Latin America.

Saudi Arabia — President Trump’s location on the appointed day — didn’t seem like an appropriate venue to berate Cuba on its human rights record.

It seems — to a cynic who might ignore the president’s ostensible, stated reason — that Trump’s thrust is based on two objectives. One is the aim, originating in a gut reaction, to reverse anything Obama did; the other is more nakedly political: according to the Associated Press, the Trump administration wants to maintain good relations with Marco Rubio, who sits on the Senate committee investigating Trump’s relations with Russia, and Mario Diaz-Balart, a member of the powerful House Appropriations Committee — both Cuban-Americans, and the latter a not-too-distant relative of the Castros.

Meanwhile, in a Trumpian flourish just before leaving office, Obama restricted Cuban immigration by rescinding the so-called “Wet foot, Dry foot” policy whereby a Cuban caught on the waters between Cuba and the United States ("wet feet") would summarily be sent home or to a third country. One who makes it to shore ("dry feet") can remain in the United States, and would later qualify for expedited legal permanent resident status in accordance with the 1966 Cuban Adjustment Act, and eventually US citizenship.

The Trump administration’s ambivalence toward Obama’s Cuba policy proceeds from the fact that its favorable aspects conflict with its unfavorable consequences. While the reduced restrictions on Americans traveling to Cuba that President Obama signed as an executive order in 2014 have tripled leisure travel to nearly 300,000 last year, much of the tourist money is spent at all-inclusive resorts run by Cuban military conglomerates that fuel the state security (repressive) apparatus. Organized tours, especially in the “people-to-people” and “educational” categories are little better, spending all their time under direct government control, visiting such exciting venues as printing workshops, organic farmers’ cooperative markets, and other government-organized venues, while traveling in government tour buses with government guides.

Those dollars strengthen the security organs. According to ABC News, arrests and detentions climbed from 8,899 in 2014 to 9,940 in 2016.

Much of the tourist money is spent at all-inclusive resorts run by Cuban military conglomerates that fuel the repressive state security apparatus.

On the other hand, continues the ABC report, a significant proportion of travelers eschewed organized tours, opting instead to explore Cuba on their own and thereby “injecting hundreds of millions in US spending into privately owned businesses on the island,” businesses made possible by the 201 private enterprises (especially B&Bs and restaurants) legalized by the regime since 2010, and “supercharging the growth of an entrepreneurial middle-class.”

Still, the hype has blinded what ought to be sober players into overreach. President Obama did not change the requirements for US travelers to Cuba; he only put compliance with them on the honor system, a system that still requires registering with the US Treasury Dept. The same ABC News report I quote here incorrectly states that “Obama eliminated that requirement.”

And it’s not just ABC News. Airlines such as JetBlue, American, Silver Airways, and Frontier, anticipating tens of thousands of travelers to book their own, independent trips to Cuba, have had to cut back considerably. Silver and Frontier have both canceled all their flights, citing "costs in Havana to turn an aircraft significantly exceeded our initial assumptions." In other words, the costs involved with unloading bags, cleaning the aircraft, customs procedures, etc. were higher than expected, doubtless because of the Cuban government milking the airlines. Earlier this year, JetBlue announced it would use smaller planes for its Cuba flights, and American Airlines cut its daily flights to Cuba by 25%.

The Obama changes did increase US travel to Cuba, just not as much as some expected. NBC News reports that “according to the state-run site CubaDebate, the number of Americans traveling to Cuba spiked in January of this year at 43,200. CubaDebate said that's a 125% increase from January of last year.” In addition, it reported 31,000 Cuban-Americans traveled to the island in January.

The costs involved with unloading bags, cleaning the aircraft, customs procedures, etc. were higher than expected, doubtless because of the Cuban government milking the airlines.

Those Cuban-Americans recently became a political football for cruise lines, which also dove into the liberalized US-Cuba travel market. The Cuban government does not recognize naturalized US citizenship by any Cuban-born individual: in their eyes such people are still Cuban citizens. Many of these expatriates, although allowed to visit relatives in Cuba under one of the allowed US categories of travelers, refused to set foot on the island for any prolonged length of time, declining to give even one dollar to the regime. But the promise of a cruise with all the amenities provided by a US ship and onshore visits a matter of only hours on terra firma suddenly attracted many.

But it was not to be.

The Cuban government declared that Cuban-born Cuban-Americans would not be allowed on shore from any visiting US cruise ship, referring to an earlier Cuban law that prohibited any Cuban-born person returning from to the island by sea. This was probably meant to place a fig leaf over the prosecution of any foreign-based infiltrators.

So, initially, Carnival Corporation refused to sell tickets to Cuban-born Americans. Two lawsuits put paid to that. They were filed in federal court in Miami: a class-action suit and a civil suit, by Cuban-born Americans who attempted to book and were denied tickets on Fathom Cruise Lines, a subsidiary of Carnival. According to the Miami Herald, “the lawsuits alleged that the cruise line was violating the Civil Rights Act of 1964 by following a policy that discriminates against a class of Americans on a place of public accommodation for transient guests — a cruise ship.”

Carnival then decided to sell tickets to Cuban-Americans but delayed its cruises until Cuba changed its policy — which it did, effective April 26, 2016. The first cruise sailed on May 1, 2016.

Cuba has not adapted well to the increase in visits. Forget booking a hotel room in Havana during the peak season of November-April on your own; rely instead on a package tour. And good luck finding a B&B, called in Cuba a casa particular. Under the Obama initiatives, both governments have struck agreements to cooperate on issues ranging from human trafficking to oil spills, and even increased internet access — a pledge extracted out of Raul Castro by President Obama. The Cuban government has “opened nearly 400 public Wi-Fi access points across the country,” according to the AP. But that reality is much less than meets expectations. The outlets are mostly in parks and plazas and only provide email connections. Full internet access, while more available than before, is beyond most Cubans’ budgets and remains frustratingly slow.

Cuba owes about $8 billion for confiscations and expropriations to US citizens. At that rate, repayment would take about 400 years.

The challenge for the Trump administration’s policy reset is to keep the good bits — full diplomatic relations, some relative freedom of travel, the benefits to Cuba’s private sector, etc. — while limiting Americans from doing business with the Cuban security organs, “according to a Trump administration official and a person involved in the ongoing policy review” (ABC report). Additionally, what with President Trump’s emphasis on jobs, Engage Cuba, a pro-détente group, released a study this May asserting “that a complete rollback of Obama’s Cuba policy would cost airlines and cruise lines $3.5 billion over the next four years and lead to the loss of 10,154 travel jobs.” (Wow, really? Such incredible specificity!)

One novel proposal that might be included in the Cuba policy reset — to ensure the support of the Cuban-Americans — is to impose a 2% export tax on US agricultural products sent to the island. “It is a politically creative, financially plausible measure and may possibly be a first step toward a comprehensive settlement of compensation to those who hold certified claims,” said Richard Feinberg, a former assistant to President Clinton and author of a Brookings Institution study on Cuban claims published in 2015. Of course, whether that 2%, factored into the price of the exports, would come out of the exporters’ profits or out of the Cuban government’s pockets is up for negotiation — if the proposal is implemented. Cuba owes about $8 billion for confiscations and expropriations to US citizens. At that rate, repayment would take about 400 years, though the majority of small claims could be settled with dispatch.

* * *

Oh, yes . . . and what about those extra 1,041 arrests and detentions in 2016? ABC News reports, “Cuban officials say many of those arrests are deliberately provoked by dissidents who are funded and backed by anti-Castro groups with the deliberate objective of driving up detention statistics.”

No doubt those officials saw the May issue of the Cuban American National Foundation’s Boletín Informativo, displaying a photograph of a protester racing in front of Havana’s May Day parade waving an American flag in the air and wearing a Cuban flag on his chest. Daniel Llorente Miranda’s action took the security organs by surprise. After a few seconds’ chase, they threw him to the tarmac and brutally beat him.




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Volo, Veni, Velo, Vidi

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Cosa ni pensi di Trump? (What do you think of Trump?)

It was a question my wife Tina and I were asked our very first day in Sicily and nearly every other day on our 30-day bicycle circumnavigation of the island this February. The question was usually prefaced by apologies, either verbal or physical, as if it were a too-personal intrusion (unusual for Europeans, who generally disdain small talk — unless it’s banter — in favor of meatier fare). It was always asked in earnest, never in a challenging manner.

One Dutch couple in the little town of Taormina combined both approaches. On finding out we were Americans, they kiddingly asked if we’d be able to return home. Trump had just issued his ill-conceived travel ban and we were unaware of it, news being an unnecessary intrusion when I travel. We joined in their kidding about America’s new president until I reminded them of Geert Wilders, the Netherlands’ version of the Donald, at which point they sheepishly concurred and demurred. Ditto for a Polish couple whose criticism of Trump was more earnest until I reminded them of the Kaczynski brothers’ populist policies. They said Poland was a new democracy, subject to mistakes, while they expected more from the US, a mature democracy. I replied that I was glad we were still, at least, young at heart.

The Italians, however, were transparently curious. They didn’t trust their media and wanted an eyewitness opinion. One averred that he’d heard Trump was another Hitler. I told him Trump wasn’t as bad as Mussolini or Berlusconi, with only a pussycat’s handful of “bunga, bunga.”

Taormina is a small, picturesque, ancient town atop an impossibly steep hill. It boasts the best preserved (outside of Greece) 3rd-century BC Greek theater. We were about two-thirds done with our counterclockwise bike tour of the island when we were taken aback by Italian soldiers in full deployment eyeing us at Taormina’s medieval gates. Curious, I approached one and politely asked the way to Corso Umberto I, the location of our lodging. He smiled and said we were on it.

At our B&B I asked our host why the town was occupied by the army. “Trump-Putin summit,” he answered.

Incredulous, I gesticulated, “Today? Two or three days . . . soon?”

When Tina and I had circumbiked Iceland, we’d visited the house where the Reagan-Gorbachev summit was held. We’d lingered long, savoring the very spot where the Cold War had ended. Would Taormina rise to the occasion?

Not a chance, according to The Economist. One anti-Trump acquaintance observed that it was fitting that Trump — a man of business who wants respect — and Putin, a gangster, should meet in the birthplace of the Mafia.

“No, no,” our host answered, “Maggio (May).”

The following morning we headed to the Greek theater. Next door, the Grand Hotel Timeo, an historic old hotel, was closed for renovations. The Timeo counted among its guests Goethe, Kaiser Wilhelm II, Edward VII, D.H. Lawrence, Truman Capote, and now, we assumed, either Trump, Putin, or both. Adjacent, the street was being dug up by workmen upgrading the communications infrastructure — with soldiers overlooking. Yet Italy never ceases to amaze. Between midnight and 6 AM, all the soldiers disappear. Go figure.

Our Thing

Today, according to one source, the Mafia lies dormant in Sicily, having moved what operations it still retains to Calabria, Italy’s boot toe. Many of the business establishments we passed sported a window sticker declaring that they’d joined Addiopizzo, an organization of businesses that refuse to pay protection money and that rally around one another when fingered. Tourist curio shops sell Sono il padrino (I am the godfather) T-shirts and coffee cups, many with your name custom printed. Marlon Brando’s Don Corleone character pictures are everywhere. There is even an anti-Mafia museum, the home of CIDMA (Centro Internazionale di Documentazione sulla Mafia e Movimento Antimafia), in the town of Corleone, 60 km south of Palermo.

Up until the mid-1990s the La Societa Onorata, or Cosa Nostra, was no joke. But then, in 1982, Tommaso Buscetta, a “man of honor,” turned rat when he was arrested. After four years of interrogation under magistrate Giovanni Falcone, 584 Mafiosi were put on trial — the maxiprocesso or supertrial — in a specially constructed bunker in Palermo, Sicily’s capital. The trial took two years and sometimes descended into farce with loud and disruptive behavior, some defendants acting as their own lawyers flamboyantly spouting nonsense, indulging in non sequiturs and endless sophistry, another one literally stapling his mouth shut to signify his commitment to omerta, the code of silence, and another feigning madness with outbursts so disruptive he had to be put into a straitjacket. The trial resulted in 347 convictions, of which 19 were life imprisonments.

It would surprise no libertarian that the Mafia’s roots lie in government failure, specifically a law enforcement failure.

The men of honor struck back, as they had every time in the past. In 1988 they murdered a Palermo judge and his son, then an anti-Mafia prosecutor, and finally, in 1992 Falcone and Paolo Borsellino, another courageous anti-Mafia magistrate. But this time they’d gone too far. In January 1993, the authorities arrested the capo di tutti capi, or boss of all bosses, Salvatore (Toto) Riina, the most wanted man in Europe. He was charged with a host of murders, including those of magistrates Falcone and Borsellino, and sentenced to life imprisonment, effectively decapitating the organization (which might turn out to be a Hydra).

It would surprise no libertarian that the Mafia’s roots lie in government failure, specifically a law enforcement failure. Sicilians had always sought independence and only reluctantly joined Italy in 1861 after Garibaldi promised them autonomy. Between 1200 and Italian unification, Sicily was ruled — usually at a distance and often as an afterthought — by Germany, France, Aragon, Spain, Savoy, Austria, Naples, and England, mostly in that order. Not strong enough to guard their independence, Sicilians would invite an outsider to help them rid themselves of the occupier du jour. The new bosses liked the island, refused to leave, and ruled desultorily, leading to revolt and a repetition of the cycle. It was a prime environment for the nurturing of brigands and private militias specializing in protection.

The word mafia was first used in 1863 to describe that special combination of thievery, extortion, and protection by organized groups. Serious anti-Mafia campaigns began in 1925 with Benito Mussolini, who promised to make government work. It didn’t work, at least permanently. The “men of honor” fought back, joining an unexpected ally: the US government.

Anticipating the Allies’ invasion of Europe through Sicily in 1943, the US wanted to ensure that the landings, launched from North Africa, would be greeted with respect. In 1936 Charles “Lucky” Luciano, capo di tutti capi of Mafia operations in America, had begun serving a 30 to 50 year sentence in federal prison, having been convicted of 62 counts of compulsory prostitution. In 1942 the US Office of Naval Intelligence approached Luciano, who was still running his operation from inside prison, seeking help with the Sicily landings.

Lucky and the Navy struck a secret deal: (1) East coast dockworkers, controlled by the mob, would not go on strike for the duration of the war and would actively resist any attempts at sabotage; and (2) the Sicilian Mafia would grease the skids for the Allies’ invasion through espionage, sabotage, and prepping of the local population. In return, Luciano’s sentence would be commuted and he would be deported to Sicily after the war.

It is worth pointing out here, for context and perspective, that this controversial but successful Mafia-US Government cooperation on national security set the precedent for (and reduced the absurdity of) the CIA’s 18-year-later Castro assassination attempt collaboration.

In 1968, the Italian government again went after the Mafia, following a protracted inter-Mafia killing spree that caught many innocents in its crossfire. However, out of 2,000 arrests only 117 Mafiosi were put on trial and most were acquitted or received light sentences. It was this First Mafia War, its subsequent acquittals — attributed to crooked politicians and policemen — and a Second Mafia War in the early 1980s that galvanized public opinion against the Mafia and invigorated magistrates Falcone’s and Borsellino’s prosecution.

Africans, Greeks, Romans, and Vikings

Sicily is indirectly one of my ancestral homelands. The Vikings, later known as Normans, invaded the island in 1061, only five years before their invasion of Britain. Gerhard, my original progenitor (on my mother’s side, as far back as I can trace) was one of those northern Germanic-Norse warriors who sacked and occupied Rome in the 8th century. His lineage, during Italy’s Norman invasion, became Gherardini and later, during Britain’s Norman invasion, Gerald. Soon thereafter, taking on the Welsh “son of” prefix, it became Fitzgerald, my mother’s maiden name.

The Greek city-states had no formal organization among them; they shared only a language and culture.

Sicily is at the crossroads of the Mediterranean. Its indigenous people — about which little is known — were displaced and incorporated by invading Sicels, Elymians, and Phoenicians, who later became known as Carthaginians (in present-day Tunisia, only 96 miles away from Sicily, with a stepping-stone island in between). By 800 BC, Greek merchants had established trading posts that soon developed into colonies that later became independent, with Syracuse (the home of Archimedes), Himera, and Akragas (today’s Agrigento) becoming some of the world’s largest cities at the time. In all, there were seventeen major Greek cities on Sicily, entangled in ever-changing alliances and wars with one another, with cities in Greece proper, and with cities in the broader Greek world and even outside it.

It’s important to note the political structure of these entities. Unlike Rome, a unified, centrally administered empire, Greece consisted of independent city-states not only in the area of present-day Greece but extending from the Black Sea all the way to Spain, North Africa, France, and Italy. They had no formal organization among them; they shared only a language and culture.

Enter Rome. Between 264 and 146 BC, Rome fought Carthage (Tunisia) for control of the Mediterranean in the three so-called Punic Wars, eventually prevailing and, to prevent any resurgence, sacking and burning the city of Carthage, condemning 50,000 survivors to slavery. The victors took control of Sicily in 241 BC and turned it into Rome’s first province. Tragically, Archimedes became a casualtyof the conflict between Rome and Carthage.

During the disintegration of the Roman Empire, Sicily came under the rule of German and Norse tribes, first the Vandals and then the Ostrogoths. But as the Roman Empire reorganized itself in Constantinople, Byzantine Greeks returned to Sicily, turning it, for a short time, into the capital of the Eastern Roman Empire at Syracuse in 663.

And then came the Arabs. After defeating the Byzantine Greeks in 827, immigrants from all over the Muslim world settled and intermarried with the Sicilians. Palermo became the second-largest city in the world after Constantinople.

The Norman Conquest, begun in 1061, took ten years, but resulted in a golden age for the island under Kings Roger I and Roger II, until about 1200 when the female heir to the throne married a Hohenstaufen and the island came under the control of the Holy Roman Emperor. Under the Normans, Christians, Muslims, Byzantines, and everyone else got along splendidly, imparting to the island its unique Arab-Norman-Byzantine architectural style.

You’d think that with such a mixture of peoples Sicilians might resemble Polynesians. They don’t. They range from white to swarthy (with a few black Africans — recent arrivals — mostly from Nigeria and Ghana), with blonde, red, brown, and black hair. The only physical trait they all seem to share is a so-called Roman nose — large, protruding and sometimes sporting a hump a third of the way down the bridge.

Around Sicily in Low Gear

Sicily is at the same latitude as Salt Lake City. Tina and I chose February for our trip because we’re cheap, hate crowds, and love to bike in the cold and rain. In Milazzo we paid €40 per night for a fully furnished apartment, smack dab in the center of town. We took advantage of the deal and spent two nights there. But not just for that.

Milazzo, a city on a spectacular peninsula on the northeast of the island, is charming, clean, and delightful, with a lively passeggiata, or evening promenade, where seemingly the entire town dresses up and walks the sidewalks, streets, and waterfront, visiting, tippling, eating gelato, marzipan, biscotti, cannoli, and any of the dozens of sweets and pastries that Sicilians love. This pre-Lenten time being Carnevale, the children were outfitted in elaborate costumes.

Inhabited since prehistoric times, the town is dominated by a massive hilltop fortress built, in successive enlargements, by the Normans, Swabians, Aragonese, and Spanish. We were the only visitors to the fort. At one time it had held captured prisoners in its Spanish enclave. Inside, to our complete incredulity, there hung the purported skeleton of an English soldier inside “the coffin,” one of the most prevalent torture and execution methods, often seen invarious movies set in medieval Europe.The victimswerestripped naked andplaced inside a metal cage, roughly made in the shape of the human body.The cage wasthenhung from a tree, gallows,or city walls until the victim died of dehydration, starvation, or hypothermia. Birds and bugs ate the bones clean. No ropes or barriers separated this grisly exhibition from the fort’s visitors. Tina shook the Englishman’s phalanges reverently, not believing she could do so and thereby reach into the past, perhaps even into the poor man’s soul, so easily, spontaneously, and without a mediative ritual.

Was it real? The interpretive sign implied so. The bones were real enough, though the teeth and ribs were reconstructions, with the rib cage ligaments being some sort of plastic; the skeleton was held together with metal clips, as real skeletons usually are. Was it the Englishman’s actual bones, or a skeleton donated for the purpose of illustrating what had happened? Who knows?

 

Nino, the only person we met there, stopped to engage us. An elderly, scholarly gentleman with a wide Van Dyke sans mustache, he introduced himself as the resident historian. When I told him I was an American archaeologist, he invited us into his offices and collection of goodies: theater masks from the Arab period, erasable wax writing tablets from the Roman occupation, authentically-made replicas of trinacrias throughout the ages. The trinacria is the 3-legged symbol of Sicily, with a Gorgon’s head at the center. It graces the center of the Sicilian flag. Go ahead and Google it. Irrespective of what you’ll find there, Nino convincingly demonstrated its Celtic and Indian roots.

Daytime temperatures hovered in the low 50s; rain was not infrequent, though never torrential. We were aiming for 50 kilometers per day, average, including rest and tourist days, for the entire 1,123 km circumference. Traveling across or around a country by bike is to experience the country mano a mano, so to speak, with all its smells, sounds, and sights in slow motion — not to mention the many personal interactions that are inevitable in low gear.

The island is mountainous; we trained hard for two months before the trip, and it paid off, though the roads we chose — secondary, mostly — were expertly engineered for grade. Our objective was to hug the coast all the way around, counterclockwise. At one point, a landslide had obliterated a portion of the via nazionale upon which we were riding. The detour took us up into the mountains on a tertiary road. It was so steep that Tina and I had to push each loaded bike up with both of us pushing the handlebars. On the other hand, the freeways were engineering and construction marvels. One expressway girdles the island, cutting across peninsulas and corners, sometimes receding quite some distance from the coast. It is almost perfectly flat, achieving this miracle with long tunnels and impressively long and tall bridges.

Our biggest concerns were traffic and the problem of booking our lodgings, usually B&Bs or apartments. Many places were closed for the season; those that weren’t almost always presented a language problem. We preferred apartments. Sicilian restaurants don’t open until 8 pm and seldom serve before 9 pm — an impossible eating schedule for all-day bikers accustomed to eating dinner between 5 and 6 pm and getting an early start the next day. But we still sampled some of Sicily’s unique dishes. Here are two of them (don’t say Liberty has never published recipes):

Gnocchi

  • Potato and rice flour marbles
  • Crumbled Italian sausage
  • Chopped almonds
  • Pistachio paté — finely ground pistachios in extra virgin olive oil (pistachio butter?)
  • Garlic
  • Dry white wine
  • Garnish with halved cherry tomatoes and fresh mint

Linguine

  • Ground lamb and ground pork in equal proportions
  • Chopped pistachios
  • Almond paté — finely ground almonds in extra virgin olive oil (almond butter? sans sugar!)
  • Garlic
  • Dry white wine
  • Diced red bell peppers or pimentos
  • Serve with Sicilian Nero d’Avola wine (or blood-red orange juice)

Keep Calm and Pedal On

At Marsala, the town that invented its eponymous sweet wine, we gawked in wonder at the narrow medieval streets paved in marble. Feeling a bit lost, I asked a traffic carabinieri for directions.

Italian traffic cops are very friendly. They’re armed with ridiculous ping-pong paddles with a red circle in the middle, which are holstered in their boot cuffs when not deployed as badges of authority. They do not inspire or command respect. Whenever they wave that silly paddle I’m reminded of the Black Knight in Monty Python and the Holy Grail insisting he’s still effective in spite of his missing arms and legs. These cops are seldom seen except at accident sites and infrequent radar speed traps.

We’d been warned about Italian traffic being a heavy-metal roller derby without rules. In truth, Sicilian traffic was complete anarchy, with cars breaking every traffic rule imaginable, from speeding and running stop signs and traffic lights to double and triple (and even sidewalk) parking to driving backwards down one-way streets and up and down pedestrian-only venues — anything to get an advantage. Most drivers were talking on the phone, texting, eating, gesticulating, and even drinking. Many gas stations included bars! Some drivers drove with their heads out the window while smoking so as not to smoke up the car.

Italian traffic cops are very friendly. They do not inspire or command respect.

But the anarchy, to no libertarian’s surprise, works. Without adherence to rules, every driver is 100% aware of his environment and expects the unexpected at any time. Drivers are also very polite and have quick reaction responses. It’s as if every Sicilian driver had graduated from the Bob Bondurant School of high performance driving. It’s no exaggeration to say that we saw more driving schools in Sicily than we’ve seen anywhere else — by far.

Right of way is not determined by rules (though they do exist) but rather on a first-come basis. It takes nerve as a pedestrian, biker, or even car to gingerly nose out into traffic without the right of way. In the US, cars would honk, drivers flip the finger, and accidents ensue. In Sicily, traffic politely accommodates you.

Essential to this driving environment is the Italian car horn. Mastering its grammar is nearly as difficult as mastering tones in Mandarin. There are special toots and combinations of toots for nearly any situation, but almost none of them aggressive or panicky. When approaching from behind, vehicles would warn us — at a discreet distance — of their approach with a distinctive honk, never varying and never startling. It was different from a greeting honk, which also varied according to whether the greeted person was in a vehicle or on foot, a man or a woman. There were distinctive tootles for dogs, either as warnings or greetings. The claxon language of Sicily is so well developed and intuitive that we identified one honk as a question, “What are you going to do?”, with the anticipated accompaniment of a hand gesture. Traffic jams were not advertised by blasts and blares; they were considered unavoidable aspects of driving in congested conditions.

We couldn’t believe Italian bikers, all dressed identically in the latest biking gear, packed tightly together like a school of minnows, taking up an entire lane, oblivious to vehicles and racing at top speed on wheels skinny as dental floss. They all waved at us and shouted ciao! Even biking pairs would ride side by side taking up an entire lane, ignoring traffic. We never quite adopted that custom, nearly always riding in single file. But traffic would always treat bikes as full-fledged vehicles, passing only when appropriate and seldom crowding them.

One large group stopped to engage us. We’d noticed that no biking group ever included a female, so I asked, “Don’t Italian women ride bikes?” One fellow piped up that the women were home cooking. Everyone laughed.

Greeks, Fascists, Old and New Gods

Sicily’s most impressive ruins are its Greek temples and theaters. The one in Agrigento is where Aeschylus directed and presented his tragedies. It and the one in Taormina are still used annually for Greek play festivals. Most are well preserved and protected yet totally accessible to the public, unlike Stonehenge, which, understandably, is now cordoned off. The Temple of Concordia (440 BC) in the Valle dei Templi is the largest and best-preserved Doric temple in Sicily, and one of the best-preserved Greek temples anywhere.It was converted into a Christian basilica in the 6th century and dedicated to the apostles Peter and Paul by the bishop of Agrigento.

Roman ruins are fewer. Their surviving mosaics are protected and cordoned off. Many Arab mosques, on the other hand, were converted into Christian churches, yet retained much of their Moslem flavor.

But it was the Fascist and German pillboxes along the south coast and edging up the west and east coasts that really struck a nerve. There were many, without signs or fences; they were simply abandoned, ignored, and often graffitied. One, outside of Messina, had been incorporated within the waterfront promenade and painted colorfully. The pillboxes recalled for us Tina’s uncle Bernie, who had participated in the US invasion of North Africa and then in the invasion of Sicily. Its south coast is invasion-friendly, with sandy beaches and a level hinterland. Approaching Gela, an old Greek city with a large, decommissioned petroleum refinery on its outskirts, we tried to put ourselves in Bernie’s boots. It was the first Sicilian city liberated by the Allies.

We pedaled across to Syracusa, looking forward to another rest and tourist day in Ortygia, Syracusa’s peninsular core and the nexus of its ancient Greek settlement. Right downtown, in the center, stand the remains of a temple to Apollo. The old gods still rule! Some of the narrow medieval streets can’t accommodate a classic Fiat 500, a smart car or, much less, a Mini.

Wending our way up the east coast, we were distracted by a road closure and detour that set us riding in circles. Finally — as in the old saying about “when in . . . do as . . .” — we cut through the closure, rode against traffic, and found a quiet spot for lunch. Suddenly, faintly visible in the distance but nearly taking up the entire horizon and the hazy sky above, loomed Mt. Aetna. At nearly 11,000 feet, rising right out of the water, it is an overwhelming sight, covered in snow and spewing smoke. Our plans to climb it came to naught: this winter’s snowpack had been exceptionally heavy, and all the approach roads were still blocked.

Just as well — soon after, Vulcan vented, spitting hot ash and lava onto the snowpack and causing spectacular explosions. Part of Aetna’s ski resort was destroyed. This is nothing new: 22 seismic stations monitor volcanic activity to defend Catania, the city at the mountain’s foot, and the surrounding towns. Signs along the road prohibit bikes, pedestrians, and motorbikes during eruptions.

Soon we hit the Riviera dei Ciclopi, where towering hunks of lava rise out of the sea. According to legend, these were thrown by the blinded Cyclops, Polyphemus, in a desperate attempt to stop Odysseus from escaping. One of the bigger blobs, La Rocca di Aci Castello, emerges from an underwater fissure and upholds a 13th-century black Norman castle built on an earlier Arab fortification. Inside, a small museum displays a bizarre collection of prehistoric skulls. From here on up and all across the north shore of Sicily, Norman lookout towers dotted high coastal salients, medieval parodies of the WWII pillboxes along the south coast.

Two days after Taormina we spotted the Calabrian coast, Italy’s boot toe. At the city of Messina, the Straits of Messina are only 1.9 miles wide at their narrowest, but plans for a cross-strait bridge have been put on hold in consideration of the prevalence of earthquakes and the strong currents. Appropriately, a huge and impressive statue of Neptune fronts city hall.

Turning the bird beak’s northeast corner of the island, we entered the mountainous north coast, where we were blessed by a constant tail wind. Cefalù, where we laid over for two days, is a compact medieval fishing town, nestling below the 1,000-foot La Rocca, a sheer-sided limestone mountain upon which previous embodiments of the town were built. Only one line of weakness provides an approach to the top — the endless steps that lead to the old fortifications. Imagine a fully kitted-up medieval soldier, laboring under a barrage of rocks, arrows, and hot oil, scaling his way up the then-stairless acclivity that today (with steps) takes a good half hour to negotiate.

The Moslems conquered the town from the Byzantines in 858, after a long siege. After another long siege, the Normans, under King Roger I, captured the city in 1063. To celebrate his victory, Roger commissioned what is regarded as Sicily’s finest mosaic, Christ Pantocrator, in the apsis of the cupola.

Heading back to Palermo we stopped at the old Greek city of Himera, supposedly one of Hercules’ (or Herakles’) early haunts. Little remains of the once-important and sprawling city-state. For nearly a century Carthage tried to capture the place, and to fend off the attackers — initially 300,000 strong, it is said — Himera had to cede its independence to Gelon, ruler of Syracuse. In 409 BC, Hannibal finally conquered it and razed it.

As we approached Palermo we were torn by conflicting emotions. On the one hand, we were energized by our sense of accomplishment and anticipation of celebration. On the other, we dreaded navigating Palermo’s choked and complicated streets — both good reasons to spend a day playing tourist. But bike travel in congested medieval cities is ideal. Not having to negotiate one-way, six-foot wide streets in a car or find parking is a tremendous advantage.

Palermo holds many treasures. Palazzi of past nobility illustrated the fact that, In spite of the long roster of foreign rulers, it was only through the indigenous aristocracy — which, being Sicilian, commanded more allegiance than the actual rulers — that each conqueror was able to exert any control over the island. The Spanish, first as Aragonese and then as subjects of a unified Spain, ruled Sicily for about 500 years, deeply influencing the Sicilian dialect — a boon to my lack of Italian and knowledge of Spanish. But they also brought the hated Inquisition, which targeted the landed gentry, the rich, and the educated in order to try to break their informal control of the island.

Our tour guide (required) through the dungeons of the Inquisition preserved an extraordinary chronicle that required interpretation: the prisoners’ graffiti. Some were simple groupings of four vertical lines with a diagonal slash — tallies of days. Others were elaborate paintings, hiding subtle anti-Spanish messages. One was a depiction of Christ’s crucifixion with the Roman soldiers outfitted as Spaniards. Another was the Nicene Creed in English.

Interrogation, always under torture, was called “a conversation with God.” No prisoner was ever released except for forced labor. All were executed, most of them burnt at the stake. One prisoner managed to kill an Inquisitor, a unique event that ended our tour on a righteously vengeful note. The prisoner’s revenge, for all the outrage it caused, actually prolonged the poor man’s life; the only punishment the prelates could muster was to delay his death and prolong his torture. But demands that the Inquisitor be canonized came to naught.

Sicily has subsequently managed to separate church and state, for the most part, although an actual, physical bridge still exists. Palermo’s cathedral and parliament are connected by two arches. Vaguely reminiscent of the Palace of Westminster, the buildings are a striking example of the Norman-Arab-Byzantine style. Inside the cathedral we visited the tombs of the Norman kings, still revered as having presided over a Sicilian golden age.

Walking along the waterfront on our last evening in Sicily, we stood at the seaside railing and gazed out over the Mediterranean, reflecting on a wonderful trip. A woman across the street behind us, cleaning her house, was taken by the sight and snapped our picture with her phone, out the open window. As we walked away she motioned us over. She showed us the photo and indicated that she wanted to send it to us, explaining in Italian that she was “a romantic” and the sight of us touched a chord.

Arrivederci!




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Cashless and Thoughtless

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There has been a lot of push from international organizations to make poor societies around the world copy Western institutions, and recently to go cashless. Blind to differences in cultures, these international organizations have hugely over-estimated the organizational capabilities of people in the emerging markets — in the Middle East, South Asia, Central Asia, Africa, and Latin America.

Anyone who has spent a sensible amount of time in emerging markets — not in five-star settings but as a normal person — knows that in these countries, an organization of two people often has one person too many. It is also evident that the two tends to expand into dozens, hundreds, and thousands, either because of the local desire to subsidize more people or because of the need to instigate a Western-style bureaucracy to control the whole thing.

Erroneously assuming that we are all the same, that specific cultures do not matter, and that all that matters is training and incentives, there was a huge push for globalization.

In these culturally very different markets, companies and institutions — Western concepts, which do not transplant well without the underlying European culture and values — can never stay nimble. To maintain control, internal bureaucracies must grow to provide checks and balances, because workers fail in independent thinking, work ethics, honesty, and cooperation. Creativity stays conspicuous by its absence.

Despite seemingly low labor costs — as low as a couple of dollars a day in wages — the costs of keeping such organizations together grows exponentially with size. Growing bureaucracies require additional checks and balances. Without the cleaning mechanism of European values and the control systems they provide, these organizations invariably accumulate dead mass, which keeps growing cancerously until they crumble under their own weight. Organizations that do not have constant blood transfusions and external subsidies tend to disintegrate rather rapidly. The price of keeping them together is extremely high.

In a climate already characterized by political correctness, a certain wisdom that Europeans had accumulated about the colonized world had evaporated by the time the USSR era ended in the late 1980s. Erroneously assuming that we are all the same, that specific cultures do not matter, and that all that matters is training and incentives, there was a huge push for globalization.

German companies moved their factories to Eastern Europe, a region of relative cultural closeness to Germany. But many factories have since moved back. The anticipated cost savings turned out to be the exact opposite. All kinds of configurations of Western corporate investment in emerging markets were tried, with similar results.

The problem is that these emerging markets’ societies are tribal. In such cultures you need the glue of violence, subsidies, and massive bureaucracies to keep organizations in place. The experiments of the past 500 years with colonization and Western education show that it is not easy — when it is even possible — to wean societies away from tribalism. Bigger and bigger organizations were put in place in emerging markets, but they tended to remain poor and in strife. The intervention of Western economic methods created an unnatural gap between the poor and an entrenched elite, rendered more entrenched by the possession of whatever new wealth was produced.

Many factories have since moved back. The anticipated cost savings turned out to be the exact opposite.

There is only one solution: keep organizations in these emerging markets as small as possible, remembering that tribal instincts ironically propel them to make their organizations big. Never subsidize big organizations, for if you do, besides providing services that add value you create operations that are a massive drag on the economy, full of endeavors that consume wealth instead of producing it.

This brings us to the current drive to go cashless.

India has recently attempted to reduce the use of cash, ostensibly to reduce corruption but actually to further centralize the economy by creating a medium of exchange that the government can constantly monitor. Naturally, it is also creating a national ID card system. Both of these are in direct conflict with what India should do as a tribal, medieval society.

Let’s consider the sequence of steps required to operate an online bank account in India.

Start with slow internet connections and frequent interruptions in electricity. Add extremely unwieldy websites, websites that do not open properly. My browser often gets hung up on these sites. My password has a limited validity and must be renewed regularly by using the old password and a one-time password sent to my mobile phone; and a lot goes wrong during this “simple” process. Once inside the account, however, I may need another one-time password and an additional transaction password to complete my business.

Most people actually walk down to their bank branch to do the so-called online transaction — a clear instance of the fact that trying to modernize any system beyond its natural capacity in a tribal society increases the costs and makes it more difficult. This is the persistent irony of modernization.

My Indian banks charge me fees and commissions I never agreed on. They then top it up with taxes on “services” provided. Bank statements are ridden with so many charges that only the rare person has time or patience to sort them out, particularly when the banks are crowded, and getting someone to talk to you on the phone is extremely difficult. When you get through to an agent, he usually knows nothing.

The frustration of the people has been steadily increasing. Instead of easing their lives, the reduction of cash has added significantly to the burden.

It gets worse, especially if you are the so-called common man. I know my way around pretty well, but I frequently get stuck. And here is a country where 25% of the population is officially illiterate and where engineers and doctors choose to apply for jobs as janitors, mostly because their degrees are no more than paper. It is a country where a large proportion of those who claim to be literate struggle to sign their own names, let alone show themselves capable of reading a sentence. Imagine how they would deal with forced digitalization of the currency system. This will end in disaster.

Even now, in the last six months that India has been trying to reduce the usage of cash, the frustration of the people has been steadily increasing. Instead of easing their lives, it has added significantly to the burden.

Notably, however, none of this means that people have gone against the Indian prime minister, Narendra Modi. He is winning election after election, and most people simply love him. When not facing banking problems in real time, they are actively in support of Modi’s attempt to go cashless. One must remind himself that this is a tribal, irrational society. People often cannot connect simple dots that are right in front of them; not even the so-called educated ones can do that. They tend to do exactly more of what created the original problem, which in this case is irrational authority.

Any tribal society contains the impetus to make bigger, and more complex systems of authority. Tribal people want nannies. They feel secure in big structures, despite the fact that such structures actually make them less safe. Tribal people demand free stuff, without any feeling of gratitude to any real source of wealth. Governments meet that emotional need, while doing little else for their subjects.

Any rational leader would make an aggressive attempt to counter a tribal society’s willingness to increase the sizes of its institutions. But tribal societies do not easily produce rational leaders. They operate through expediency, not through rationality or objective moral thinking.

The IMF and the World Bank think that these emerging markets need better institutions. They think these countries need to reduce corruption, which is one of the reasons for the push towards going cashless. Locals in these countries agree. The irony is that these locals haven’t a clue about what corruption means — their tribal worldview means that they do not see corruption from a moral perspective. They merely look at the need to end corruption as a tool of expediency to improve their personal lives. They may think that everyone should stop asking for bribes, but they do not include themselves individually in that equation. Any sane, non-tribal person can see that this does not add up.

Tribal societies do not easily produce rational leaders. They operate through expediency, not through rationality or objective moral thinking.

Contrary to the view of many libertarians, even when privatization does happen, there can only be limited improvements. Indian companies — for they have tribal people as ingredients — are instinctively dishonest. They lack a work ethic and, unconstrained by morals, they rampantly abuse their clients. For example, I used an online Indian travel agency to buy an international ticket. After tens of attempts the money left my bank account — but I never got my ticket. The company said I never paid. No one knows whether it was the bank or the agent that was at fault. Eventually the agent refunded my money to the bank, but then the bank blocked that money. I had to run around the bank, which could not trace that blocked money. I shouted, screamed, and threatened, but in this entangled mess, I don’t really know who was the culprit. I do know that big organizations and forced-from-the-top digital money simply do not work.

Given the low-trust culture, Indians prefer immediate exchange of goods for money and vice versa. If you pay for a later delivery, you undertake huge risks that your goods might never arrive, and if they do arrive it is not unlikely that you might receive substandard goods. If you sell goods for payment at a later date, your money might never come. No wonder 95% of Indian consumer transactions happen in cash, with goods exchanging hands exactly at the same time that cash is paid.

India’s attempts to go cashless will end in a disaster. This will become obvious in a few months, not years. But India is merely an example. The situation with most of the emerging markets is exactly the same (with China, perhaps, as the only exception).

The lesson is that poor countries are poor for a reason, despite all kinds of tools of technology — particularly the internet — that are available to make their economies rapidly converge with that of the West. Western institutions worked in the ex-colonies as long as Europeans ran their institutions. With Europeans long gone and European values no longer underpinning them, the institutions have increasingly become hollow structures — what one sees everywhere in Africa, South Asia, and the Middle East, with the exception of a few small countries. An attempt to go cashless is a tribal attempt to centralize, exactly when their institutions, including the institution of the nation-state, another European import, are imploding.




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Report from the Land of Snowflakes

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For the last decade my hometown has held something called the “Avenue of Roses Parade.” This is a big deal parade kitted out with marching bands and floats and fire trucks and Boy Scouts and groups of people in all sorts of foreign clothes doing traditional dances, and returned Peace Corps volunteers carrying flags from the countries they served in, and open-top cars with prettily-dressed high school queens from around the state waving mechanical waves, and more floats, and pickup trucks, and rodeo queens on fancy horses, all making their boisterous way along a highly traveled thoroughfare that runs through a mostly immigrant part of town. But not this year. This year the rumor got around that the Group in Position 67 might be sneaking Republicans into the parade.

As everybody in Portland, Oregon, knows, immigrant communities are the exclusive preserve of Democrats. Something had to be done and something was done. Somebody . . . some anonymous snowflake of a somebody who was too scared to sign his name . . . fired off an email to the parade committee announcing that if the committee wasn’t prepared to kick the Republicans out of the parade, and do it now, shadowy groups of masked banditos would, to use the email’s own words, “rush into the parade into the middle and drag and push those people out.”

The email made national news. Here’s part of it:

Their Trump flags, their red MAGA hats and their hate group badges are all intended to normalize support for an orange man who bragged about sexually harassing women and who is waging a war of hate, racism and prejudice against our Muslim, Latinx, Black and Native neighbors. They will attempt to march from the Eastport Plaza to Yamhill, but nazis will not march through our city.

If you missed that, one reason these protesters cite as justification for stopping Republicans on a parade route is that they will otherwise “normalize support” for a sitting president.

I didn’t say that last part about normalizing support for a sitting president; Conor Friedersdorfsaid it in the in the Atlantic so ha! all you Lefty Apologists, it’s true.

This year the rumor got around that the Group in Position 67 might be sneaking Republicans into the parade.

There are a lot of possible reactions to a threatening email. The city could, for example, have inquired into who sent the thing. They could have arranged for police protection. They could have applied to the state for military protection. What they did was dither. “Police? Well, police . . . You know all that bad press the city got when it didn’t do something about stopping the rioters back after the elections . . . Well, we don’t need to get our police mixed up in something like that again.”

Faced with this lack of well, anything, from the people whose job it is to protect the rest of us from criminal assault, the parade committee could have, I don’t know, ignored the whole thing as just one of those things. I think that’s the way I would have handled it. Or bused in beefy rancher Republicans from outlying districts. Or made it known that they’d consulted their mailing list of people with concealed carry permits. Or invited Bikers for Trump to come ride in Position 66 1/2. Instead, they turned just as snowflakey as everybody else and cancelled the whole soiree less than 48 hours before it was supposed to kick off.

At which the Republicans decided to go it alone. “If you won’t have a parade with Republicans,” the Republicans said, ”then Republicans will have a parade without you,” and announced they’d be holding a March for Free Speech along the very same parade route at the very same time the Parade of Roses should have taken place.

The only red baseball cap I could find turned out to have a green pentangle on it, which is the flag of Morocco where I used to live, and gold Arabic script.

Now I’d missed out on the whole marching-chanting-singing experience back in the Sixties on account of being otherwise engaged defending the people who were doing the marching from whatever it was the Democrats-in-Charge-of-Things thought marching-chanting-singing Americans needed defending from in Southeast Asia. So, when I got wind of a Republican Civil Rights march, that was it. My Saturday morning was scheduled.

I dug around in the closet for a red baseball cap. I wasn’t sure what a MAGA hat was but, I was guessing, it would be red and I wanted to look the part. The only red baseball cap I could find turned out to have a green pentangle on it, which is the flag of Morocco where I used to live, and gold Arabic script which, if you read against the grain and know Arabic, spells out “Morocco.” Maybe, it occurs to me as I’m writing this, MAGA has something to do with Make America Great Again. Could be. I’m just speculating here.

Then I spent more time than I’d expected to spend rummaging in drawers and jewelry boxes and the backs of shelves behind books trying to locate the ribbon I’d acquired when the Southeast Asia thing didn’t work out as planned. I figured I’d plant myself at the head of the parade and wanted to look my best.

When I arrived at the park where the march was to form up, there was a green chain-link fence wrapped around something called a turf court. I have no idea what a turf court does during the week but that morning it was a place to cordon off the Freedom of Speech marchers from the terrorists outside. Generally you could recognize the terrorists because they wore masks and dressed in Hallowe’en costumes. The Free Speech people were dressed like people — all sorts of people, including some who might well have been Bikers for Trump in other parts of their lives.

This was Portland. There aren’t that many black people of any sort around and those who could dance had better things to do with their weekends.

A few of the guys inside the fence made the effort to go outside and actually talk to the people outside the fence but, mostly, the people outside weren’t interested. One guy was cynical about being approached. “You won’t let us talk,” he said.

“Sure we will,” the Freedom of Speech guy said.

“Naw,” Cynical Guy said.

“Really. I mean it. We’re on your team about free speech. You should be marching with us.”

Cynical Guy hadn’t been expecting that and started backing away. No way he could march for free speech, not with Republicans there.

One guy who most likely wasn’t a Republican had helped organize the parade. He was tall, late twenties, and the best-dressed person on the scene, including the mayor when he whizzed by. He was wearing neatly-pressed black pants, shiny shoes, a crisp white shirt tastefully accented with a bowtie, and a floor-length American flag draped over his shoulders like Superman, if Truth, Justice, and the American Way had involved accessorizing with Old Glory. He told me he was a lifelong radical who thought free speech was important. Like most Lefties he didn’t have a sense of humor about being called out as a racist.

“They keep tellin’ me white men can’t dance,” he said. “Well I can dance with the best of them. Come on,” he yelled through the fence. “Let’s have a dance marathon. Right here. You scared to dance with me?” But this was Portland. There aren’t that many black people of any sort around and those who could dance had better things to do with their weekends than get mixed up in the political posturings of cosseted white kids.

Professor Guy had the lung capacity of a sperm whale and he kept going for another five minutes with nobody listening at all.

One guy who might have been a Biker for Trump — he was in his fifties, had a graying biker ponytail, biker boots, biker chains, and a faded Harley-Davison jacket — was standing under a tree trying to talk to a tall, professorial-looking guy. The professor guy was spouting a word salad of Lefty hate speech at the biker, who listened patiently until Professorial Guy started to turn blue from lack of air and had to pause for breath. Biker Guy seen his opportunity and he took it, and said in a voice as calm as an airline pilot announcing he was switching off the seatbelt sign, “You might want to check on the definition of fascist before you go accusing people of that.”

Professorial Guy was not impressed and, having found his second wind, ignored the thing about finding out what he was talking about, and started up again. The word salad sprouted into a hedge dense enough to protect his thoughts from any possibility of trespass, then blossomed into an entire Normandy hedgerow a Sherman tank couldn’t have punched its way through. A long time later he had to breathe again and the biker got a second chance. “Seriously, Brother. Try Googling “Fascist’.” But that didn’t cut any more mustard than the first time, and Professorial Guy picked up where he’d left off and set out from there. Three or four minutes later Biker Guy got bored and wandered away but even that didn’t deter the words from spewing out. That Professor Guy had the lung capacity of a sperm whale and he kept going for another five minutes with nobody listening at all.

Somewhere along in there the mayor came by, but his heart wasn’t in it. He cut across a corner of the park at race-walk speed, cordoned off by bodyguards straining to keep up, shook hands with the half-a-dozen cops formed up in a conga line to protect him from whatever it was he needed protecting from, and, without breaking stride, was out of there. A photo op, somebody speculated. A testament to 21st-century technology, I thought. In the absence of modern, high speed photography Hizzonor wouldn’t have had any reason to be there.

Inside the turf court there were a lot of flags, some of them American, some Trumpian. Outside there were juggling and noisemakers, some of them high-powered mechanical bullhorns set on SCREEEECH to drown out the guy inside who was telling us marchers that we were going to obey all the laws. We were going to stick to the sidewalk. We wouldn’t be blocking traffic. We’d be waiting for the lights to change. We’d do what the police said. And we would not start anything.

I didn’t stick around to see what she’d do if I kept coming and violated her personal space anyway. Blow a whistle, maybe.

Around then it occurred to me that if I was going be keeping to the sidewalks for a while, not blocking traffic, waiting for the lights to change, doing what the police said, and not starting trouble, it would be a good idea to visit the portapotties before setting out. That involved leaving the turf court and making my way down a narrow path between the chain link fence and the bleachers where spectators sit and watch turf ball or whatever it is that happens on a turf court. Unfortunately, a couple of young snowflakes with bandanas pulled over their faces like cattle rustlers had positioned themselves on the path so they could better screech their bullhorn at anybody they discovered trying to commit free speech.

When they saw me coming they couldn’t imagine I had anything in mind that didn’t have something to do with them. I think they wanted to beat feet out of there but they were stuck in place against the chain link and formed a defensive perimeter instead. The one in front shoved the bullhorn in my face and screeched me even though I wasn’t trying to say anything. And I mean, in my face. Probably two inches from my nose, where all I could hear was screech and all I could see was bullhorn. I think she learned that in a womyn’s self-defense class. In fact, judging from how ineffective it was, I’m pretty certain that’s exactly where she learned it. When I didn’t stop walking, the unarmed one, the snowflake without the bullhorn, began making gestures to mark off her personal space I wasn’t allowed inside of. In the circumstances that seemed like a lot to expect, especially since I’ve always imagined my personal space extends farther than two inches from my nose. I didn’t stick around to see what she’d do if I kept coming and violated her personal space anyway. Blow a whistle, maybe.

The march got off to a fitful start, then picked up steam. We were a convivial group chatting and making fun of the gaggle of terrorists who got in front of us. They were at a disadvantage, what with having to maintain a coherent mob while walking backwards, watching where they were going through masks, trying not to stumble, and screaming slogans between ear-shattering shrieks from the sirens they were carrying. Sometimes the noise died off enough that we marchers could talk with one another.

The guy walking next to me must have been on some kind of watchlist, because, back during the occupation of the Malheur Wildlife Preserve he’d gotten a call while he was driving home from work. The call was from an FBI agent in West Virginia. “When are you going to stand up, Brother?” the FBI guy wanted to know.

“When I get out of the car.”

“When will that be?”

“After I get home.”

“What are you going to do, then?” the FBI guy said.

“Eat dinner, I suppose.”

FBI Guy lost patience with this run-around and asked him, again. “So, when are you going to stand up?”

“What are you talking about, standing up?”

“With your long guns. Out at Malheur with your brothers.”

“When trains start carrying people to the showers.”

That shut FBI Guy up for a while. Then he figured out what my companion was talking about. “Oh, you mean like in Germany?”

“Check,” my guy said. “You going to stand up then?”

“Yeah,” the FBI guy said. “Guess I’ll be doing that.”

“See that you do, Brother.”

We were happily strolling along at the head of the line like I’d planned, enjoying the antics and the beautiful spring morning, when a terrorist snowflake positioned herself in front of me pedaling backwards, and started spouting Lefty psychobabble. There must be a book somewhere, you couldn’t make that stuff up. Then, having pinioned me with the logic of her case, she folded her arms in triumph and demanded to know what I had to say to that. I told her she needed to lose weight, and she evaporated right there on the sidewalk and nobody ever saw her again.

I was motoring along so wrapped up in daring somebody, anybody, to show enough mojo to block my path that I got ahead of myself and everybody else, too.

Now I know that fat-shaming is never appropriate and I apologize right here to all the overfed terrorists in the world who might have been hurt by reading this, and am heartily sorry but you have to understand that I was under emotional stress and needed a safe space and time to recover from all the Nazi-shaming and racist-shaming and, despite the Morocco-flag-with-the-Arabic-script on my head, Islamophobe shaming, and I just lashed out without pausing to consider the lasting pain my ill-chosen words inflicted.

What I was thinking instead was, try and stop me. Just get in my way. Try and snatch me out of the parade. Go on, make me into a cause célèbre right here on national television. The cameras are rolling. Let whoever sent that email come here and physically assault an elderly, disabled veteran wearing his Purple Heart ribbon while standing up for his constitutional rights, the constitutional rights of every American, even the guy trying to snatch him out of line, just like he’d done all those years ago when he bravely marched off to Southeast Asia. See where that gets you, Wannabe Terrorist Snowflake.

I was motoring along so wrapped up in daring somebody, anybody, to show enough mojo to block my path that I got ahead of myself and everybody else, too, and when I snapped back to situational awareness, discovered I’d somehow gotten so far ahead I was marching in the wrong parade. I was the only person walking frontwards in a sea of backwards-looking masks and Mohawks and poorly-thought-out tattoos, and had to sheepishly return to where I came from and start over again.

Toward the middle of the march we passed a building with a yellow flag out front, a yellow flag with three horizontal red stripes. The flag of South Vietnam. The flag of Free Vietnam, as I’ve always thought of it. It occurred to me that the next day was the anniversary of the fall of Saigon. Today . . . when I thought about the International Date Line . . . on Saigon time. I don’t think any of the Lefties dancing backwards along with us noticed that flag. Or would have known what it was if they had. Or had a clue about the emotions the people who hung it might be feeling at the sight of masked would-be hooligans spouting commie pap a few feet away from the city they’d found sanctuary in.

About then word began to work its way up to where we were that there was going to be a flag burning and do not react to it. Before we could not react, a scuffle erupted behind where I was and people broke ranks and began streaming into a side street the way you see in film clips about riots. Evidently a guy dressed like a pumpkin had tried to snatch a Republican out of line, but the police took him away before any harm could befall him. After that, the steam went out of the counter-demonstrators and we didn’t see much more of them.

The march wound up in a Burger King parking lot, and nobody knew what to do next. Mostly what we wanted to do was visit the bathroom and down a Coke while we figured out how to get back to our cars, but Burger King wasn’t having any of that and locked the doors. No telling what would happen if rampaging Republicans got inside. Before we could work up a good rampage, a giant Pacific Islander who believed in free speech broke out in a Samoan version of those war dances the All Blacks use to intimidate their opponents before rugby matches. Hands down, it was the scariest thing all day.

A scuffle erupted behind where I was and people broke ranks and began streaming into a side street the way you see in film clips about riots.

The guy who organized the march tried to reorganize us for a march back to our cars, but the police had had enough adrenaline for one day and called in reinforcements from the bus company, and we all got free rides back, except me. I left early on foot when a definitely-out-of-the-closet woman who believed in free speech got speaking freely with a skinny guy sporting a Mohawk braided into dreadlocks: a twofer in the cultural appropriation department, if you ask me.

MAKE FASCISTS AFRAID AGAIN, that was the slogan of the people who weren’t going to give one inch, not a single inch, to Republicans wanting to parade through the streets of our city. After the riots in November the police finally found the spine to bust a guy in a pumpkin suit and the rest of the masked terrorists evaporated. Home of the brave? Ha!

Thing is, though, when we quit being the Home of the Brave we’re no longer the Land of the Free. I already miss that.




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Corruption Revisited

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I was born in India, and not long ago I returned for an extended visit — which occasioned many thoughts that might be used in answer to the question that people frequently ask me: “Has India changed?” By this people usually mean, Is India on its way to “development”? Here is an attempt to answer.

What is the free market?

Ask middle-class Indians what they mean by the “free market.” They will often define it as a system in which corporations are given free rein to expropriate properties of rural people so they can build modern factories. They believe that the government should be allowed to pay a fraction of the market price to acquire farmers’ land to build infrastructure. They think that India would not grow if corporations and government were not subsidized by the rural segment of society. For them, the “free market” is a system in which individual forces are pooled for the greater good of India.

In India, an overt caste system has continued to disappear, particularly in urban areas — but scratch the surface and you find that it is deeply entrenched. When reminded of wretchedness and poverty, the well-off middle class likes to counter with talk about a high standard of living. In a country where more than 50% of the people have no toilets, and similar numbers have no electricity, water supply, or access to primary healthcare, one has to ask what is meant by that high standard.

Middle-class Indians think that India would not grow if corporations and government were not subsidized by the rural segment of society.

In fact, the Indian middle class is devoid of empathy for poorer brethren. Its members often fail to count their chauffeurs, maids, guards, and servants as human beings. These poor people are lucky if they get $100 per month for 12 or more hours of work a day, with no days off or vacations. The situation gets much worse outside the urban areas.

In India one must pay a bribe for everything one gets, and paying a bribe is usually not enough; one must grovel at the feet of those in power. Any sane person who wants to survive must stay politically well-connected, learning to exchange favors in an entangled mess. One can understand why Indians who must live in India may need to tone down their opposition either to the backwardness of society or to the tyrants that backwardness creates.

Most of the media is indirectly controlled by the government, for without government advertisement revenue it is hard to survive. Meanwhile, India consistently ranks among the most dangerous places for journalists. Freedom of speech in India is a myth, and even the richest and most powerful live in chronic anxiety.

Speaking of riches — the Indian GDP is $1,718 per capita. The average Indian is economically poorer than the average African. It is understandable why Indians try to emigrate. Given a chance, most would. Those who fail prefer to sing to the glory of mother India — and those who emigrate, alas, end up doing the same thing.

There is only one way to make sense of all this: by understanding the underpinning cultural forces.

India is a pre-rational society. It is deeply tribal and superstitious, allowing little space for forward planning or long-term thinking. In such a society, people are driven by a compulsive need for material gains but not by compassion, fairness, or goodwill for others. An irrational society has by definition no moral instincts; life is lived not by values but by expediency.

One must pay a bribe for everything one gets, and paying a bribe is usually not enough; one must grovel at the feet of those in power.

India has imported the easy, entertainment aspects of Western society, but it has forgotten to import — actually completely failed to see — the way of reason, of continuity between cause and effect. The Indian diaspora sings to the greatness of India, not because it believes in it — for if it did, it would return to India — but because to the tribal mindset a glorified India gives increased self-confidence. If lobbying for India in the West adversely affects the poor, downtrodden people who live in India, this is of no significance to the voluntary exiles.

Deep culture is entrenched and resistant to change, even after people — including very well educated people — have moved to a new society. It may not change for generations, if it changes at all.

Why international organizations fail

Financial corruption is only the tip of the cultural iceberg.

Economists and international organizations long to help India set up big factories and enter the modern world. Yet despite flashy isolated data, during the 70 years of so-called post-independence, modernization has impoverished the country. The problem is that much of it proceeds by force.

Indian corporations are extremely dependent on government support: direct subsidies, regulatory favors, and overt transfer of wealth from poor people. One might call it legal plunder or corruption.

In India’s tribal society, in which any organization of two people has one person too many, real growth comes from the informal sector. The formal economy is often the pest, but money lent to the informal sectors earns as much as 36% a year — while the same money lent to the formal sector earns a negative real-interest rate. Of course, the informal sector contributes little to taxes.

International organizations should be, but are not, encouraging growth in the informal sector. These organizations operate with a very shallow definition of corruption. For them, tax avoidance, bribery and the exchange of favors are the only corrupt practices. They endeavor to fine-tune institutions in emerging markets so as to remove corruption in public institutions, unconcerned that these institutions might be incompatible with growth.

They also want to educate voters. They want to enforce the separation of judicial, executive, and political functions, and they invariably fail. They fail to understand that to a pre-rational culture, separation of the three arms of the government is unimaginable.

Despite flashy isolated data, during the 70 years of so-called post-independence, modernization has impoverished the country.

Indian institutions have continued to degenerate since the British left. What exists today is merely the facade of what the British abandoned 70 years back. Western institutions did work in India as long as the British ran them, but those days are over. Once destruction of those institutions has been completed — and they are now in an advanced stage of decay — they can never be rebuilt. India will then be on course to becoming a recognized banana republic.

International organizations fail because they don’t think that culture matters. They think that people are blank slates. They think that locals always strive for the “right” institutions. To them, local history, religion, habits, and values have no significance. They believe that all people care about is economic growth and as long as the “right” institutions can demonstrate better growth, locals will offer their support.

But corruption in India exists because of the underlying corruption in the culture. Given the circularity of the statement, “corruption” is perhaps the wrong word. “Irrationality” is a better replacement.

Managed disintegration

With the best efforts, changing a culture is a long affair. It is entirely possible that cultures never fundamentally change. They cannot be changed unless the institutions that might reform them are compatible with them. Without compatible institutions, evolution of culture cannot happen — a society with incompatible institutions is confused and fails to see causality. The more irrational a culture, the more decentralized its institutions must be; but ironically, the tribalism of such societies creates the poison of totalitarianism from the bottom up. An enlightened ruler — one who cannot come into existence through democratic means — would allow such a society to disintegrate politically, for he would know that eventually nature would lead it to that future. Decentralization and the managed disintegration of India is what international institutions should be striving for.

Corruption in India, in the rest of South Asia, and in the Middle East, Africa, and South America is a product of irrational cultures, worsened by incompatible institutions. International organizations might do a patch-up job, but they will eventually fail and will make the situation worse if they focus on financial corruption, which is only a distressing symptom.




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The Grand Itch

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One gray afternoon in the 1990s, while on a motor trip home from Philadelphia, I stopped by my old high school, the Henry C. Conrad High School in Woodcrest, Delaware, a near suburb of Wilmington. Standing on Boxwood Road, outside the chain-link fence, I noticed something odd about the building — broken windows, patched with wood or cardboard. I had never seen such damage before, not during my school days. But I simply assumed the damage was a reflection of the destructive tendencies unique to contemporary times.

It was later that I discovered that the building I had gazed at was no longer a high school. Conrad High was, by then, Conrad Middle School. The old high school had closed long ago — caught up in a huge forced busing plan to achieve “racial balance” throughout the northern New Castle County schools. The plan was referred to, mellifluously, as “metropolitan dispersion.” It did achieve dispersion, but not the kind intended by its authors and advocates.

I had never seen such damage before, not during my school days.

All such plans began with the so-called landmark decision by the United States Supreme Court in the case of Brown v. Board of Education of Topeka. The court decided that racial segregation in public schools, in and of itself, denied minority students equal educational opportunities. “Today,” the court declared, “education is perhaps the most important function of state and local governments.” And they went on to say, “In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.” And then came that crucial paragraph: “We come then to the question presented: Does segregation of children in the public schools, solely on the basis of race, even though physical facilities and other ‘tangible’ factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.”

Education is the most important function of state and local governments? The mind reels — more important than maintaining the police? the firemen? the courts? Is education at taxpayers’ expense a right, or is it a privilege? — or is it, by now, a dubious activity forced on the public by its government? And what about those tangible factors? One might argue that, in the Brown case, tangible factors were the only proper concern of the court.

The court went on to say that “to separate [children in grade and high school] from others of similar age solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.” The court quoted an earlier decision by a lower court: “A sense of inferiority affects the motivation of a child to learn.” That was plausible, although hardly requiring the justification that the Court found in “modern authority” — in particular, a magisterial tome by Swedish socialist Gunnar Myrdal entitled The American Dilemma: The Negro Problem and Modern Democracy. The well-known footnote eleven in the complete Brown text documented the Myrdal influence. Concluding a list of several authorities was this notation: “And see generally, An American Dilemma (1944).”

Education is the most important function of state and local governments? The mind reels.

Having moved away from equality of tangible things and into the realm of psychology and sociology, the Supreme Court effected a change in the judicial climate. Separation of the races by neighborhood — which, of course, led to a different racial makeup in each school — became the equivalent of separation by law. And the federal courts, whether to eliminate the “achievement gap” between black and white students, or to compensate for the sins of past discrimination, mandated forced busing to achieve “racial balance.” In New Castle County, Delaware, in 1978, Federal District Court Judge Murray Schwartz ordered a busing plan into effect that Supreme Court Justice William Rehnquist described as “draconian.”

Well before this, all the Wilmington schools had opened to black students — the elementary schools in 1954, the secondary schools in 1955, and the high schools in 1956. Of course, the schools were neighborhood schools and no more “racially balanced” than the neighborhoods where they stood. But the intellectuals were lurking — they had discovered a social ill and thought they had a cure. In 1966, sociologist James E. Coleman published a report entitled Equality of Educational Opportunity. In it, he maintained that inner-city black children, however undisciplined, when seated among middle-class white children, would accept the disciplined ways of the white kids as their own. And eventually, because of their increased discipline, the achievement levels of the black kids would equal those of the white kids. Coleman, whose undergraduate work was in chemical engineering, had gone on to study sociology at Columbia University. He was a true social engineer. But alas, here he miscalculated the stresses and strains — when busing to achieve “racial balance” was undertaken, the results were often the opposite of what he had predicted. The black kids maintained their rebellious ways, and the racially balanced classrooms assumed the chaotic quality of inner-city schools. Perceiving the threat to their children’s wellbeing, the white middle-class parents did a gallopade beyond the horizon. And perceiving this white flight, Professor Coleman did, as they say, a one-eighty, renouncing his report in 1975.

But by that time, the integrationist choo-choo train had gotten up plenty of steam. Forced integration had become an accepted social remedy — and a compensation for past injustice. And in New Castle County, later government actions were seen as compounding the past injustices. One such action was the state’s Educational Advancement Act of 1968, meant to consolidate its smaller school districts without referendum. It exempted three of the bigger districts, including that of predominantly black Wilmington. Thus, complainants saw the Act as resegregating the public schools. Other actions of similar effect were the construction of new highways and subsidized housing, which supposedly encouraged white flight, while maintaining urban-black isolation. The earlier idea that “discrimination was forbidden, but integration was not compelled” was overwhelmed by the felt need to make amends.

Alas, Coleman miscalculated the stresses and strains when busing to achieve “racial balance” was undertaken.

And making amends meant creating new victims. Eleven school districts in northern New Caste County were compressed into one. The students were hauled hither and yon to create the same ratio of black to white in every school. Some traditional high schools in the county, including Conrad and P. S. duPont, were closed and their mascots and other memorabilia thrown away. Two other high schools, Wilmington and Claymont, eventually closed for lack of students — no one wanted to attend. Students spent as much as three hours a day on buses, and participation in after-school activities became difficult, if not impossible. And the busing went on and on — the city kids rode for as many as nine years to the suburbs, and the suburban kids rode for as many as three years to the city. Thus, the busing plan, known as the “nine-three plan,” made every school day a nail-biter for many parents.

By 1993, the State Board of Education had had enough — it petitioned the Federal Court to declare that unitary status he been achieved — in other words, to kindly throw out the busing mandate. But an organization called “The Coalition to Save Our Children” arose with a consent order. The order listed conditions under which the board would be spared further litigation. These included the mandatory monitoring of the schools’ racial makeup with certain quotas to be maintained, “conflict management” that blamed the teacher for disruptive students, “culturally sensitive” examinations for minority students, programs for teachers in “cultural awareness,” a $1.6 million-dollar appropriation for alternative programs for “seriously disruptive” youths, and — believe it or not — a lower passing score for minority-teacher certification. There were other conditions, of course, all meant to assuage the problems caused by previous efforts at educational salvation.

The Delaware legislature was having none of this sort of nonsense, and in 1996, Federal District Court Judge Sue Robinson ended the busing mandate. In the year 2000, the legislature passed the Neighborhood Schools Law. Once again, the kids could go to school close to home. But of course, neither the court decision nor the new law could restore the missing high schools. The old Wilmington High School building is now occupied by the Charter School of Wilmington and something called the Cab Calloway School of the Arts. This last is a so-called magnet school, which brings me to the fate of Henry C. Conrad High School. Having withstood the strife as Conrad Middle School, the building was closed for renovations in 2005 and reopened in 2007 — transformed into the Henry C. Conrad Schools of Science. This latest Conrad emphasizes biotechnology and health sciences for students from grades six through twelve.

Students spent as much as three hours a day on buses, and participation in after-school activities became difficult, if not impossible.

But wait a minute — schools of the arts? schools of science? What’s going on here? These schools present specialized curricula — aimed at whom? The answer is obvious, of course, and most people are either too polite to laugh, or have little knowledge of recent history. The magnet schools are meant to attract the same middle class that fled the forced busing mandates — and thus restore “racial balance”? Well, no — the term has been replaced by “diversity,” but the absurdity of it all is still manifest. The magnet school turns diversity into an end with the curriculum as the means. It represents yet another theory to undo the mess created by the previous theory — there will always be another theory, and another, and another.

There was a time when the traditional schools worked reasonably well — even in the inner-cities. They taught and trained young people from all walks of life, according to their individual aptitudes and ambitions. But that was before the theorists took over, before real children became “the child,” before “look-speak” replaced phonetics, before the “new-math” replaced the multiplication table, before sex education became a sine qua non — and, of course, before “diversity” was equated with “racial balance.” All these later wonders sprang from the minds of the theory class, those individuals, mainly academics, whose reputations are built by outdoing one another in imagination, often while reality grows small in the rear-view mirror. Why couldn’t sociologists have predicted the effects of forced busing — if they truly understood human society? Perhaps, in the interest of education, the federal government should stop financing the theory class.

The magnet school turns diversity into an end with the curriculum as the means. It represents yet another theory to undo the mess created by the previous theory.

One cure for the problems of public education — a system of vouchers — has been widely advocated, especially by the late Professor Milton Friedman. These money-substitutes would give all parents a choice of private schools and allow market forces to improve the quality of education. But in such a system, the government could still get one foot in the door of every schoolhouse. Suppose some future Obamacrat decides that the government won’t cash the vouchers unless the schools presenting them have a unionized staff, or a specific ethnic balance, or accreditation by the same old educationist bureaucracy? With such restrictions, the quality of education could easily decline to its pre-voucher level. You say the public wouldn’t stand for it? Well — they’ve recently stood for things equally bad.

As for Supreme Court Justices, their lower-court colleagues, and lawyers in general — they do their best work when they address themselves to matters of law. When they develop that peculiar eczema identified by Mencken — the itch to save mankind — they become dangerous.

* * *

SOURCES

“An American Dilemma.” Wikipedia. http://wikipedia.org/wiki/An_American_Dilemma:_The_Negro_Problem_and_Modern_Democracy
Barzun, Jacques. The Barzun Reader. Ed. Michael Murray. New York: Harper Collins, 2002.
Berger, Raoul. Government by Judiciary: The Transformation of the Fourteenth Amendment. 2nd Ed. Fwd. Forrest McDonald. Indianapolis: Liberty Fund, 1997. http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php%3Ftitle=675&itemid=99999999
Brown v. Board of Education of Topeka. 347 U.S. 483. Legal Information Institute, Cornell University Law School. www.law.cornell.edu/supct/html/historics/USSC_CR_0347_0483_ZO.html
Delaware State Board of Education v. Evans 446 U.S. 923 (1980). https://supreme.justia.com/cases/federal/us/446/923/
Friedman, Milton, and Rose Friedman. Free to Choose: A Personal Statement. New York: Avon Books, 1981.
“Gunnar Myrdal, Analyst of Race Crisis, Dies.” The New York Times, 18 May 1987. www.nytimes.com/1987/05/18/obituaries/gunnar-myrdal-analyst-of-race-crisis-dies.html
“Gunnar Myrdal.” Wikipedia. http://en.wikipedia.org/wiki/Gunnar_Myrdal
Hannah-Jones, Nikole. “Making Sense of Magnet Schools.” The News and Observer (Raleigh): The Durham News. 5 Nov. 2005, p. 3.
“Henry C. Conrad High School.” http://conradhighschool.com/
Hofstadter, Richard. Great Issues in American History: A Documentary Record. Vol. II, 1864–1957. New York: Vintage Books, 1958.
Hube. “Desegregation Consternation.” The Colossus of Rhodey. 15 April 2007. http://colossus.mu.nu/archives/221158.php
Johnson, Paul. A History of the American People. New York: Harper Perennial, 1999.
Kakaes, Konstantin. “Why Johnny Can’t Add Without a Calculator.” Slate, 25 June 2012. www.slate.com/articles/technology/future_tense/2012/06/math_learning_software_and_other_technology_are_hurting_education_.html
Lamb, Kevin. “Race and Education: An Interview with Professor Raymond Wolters.” VDare.com. 25 March 2009. www.vdare.com/articles/race-and-education-an-interview-with-professor-raymond-wolters
Lewin, Tamar. “Herbert Wechsler, Legal Giant, Is Dead at 90.” The New York Times, 28 April 2000. www.nytimes.com/2000/04/28/us/herbert-wechsler-legal-giant-is-dead-at-90.html
Miller, Andrea, and Antonio Prado. “Conrad High School, the Jewel of Woodcrest.” Hockessin Community News, 21 Oct. 2008. www.hockessincommunitynews.com/article/20081021/News/310219937
___. “Remembering Claymont High School: First White School in Delaware to Admit Black Students.” Hockessin Community News,21 Oct. 2008. www.hockessincommunitynews.com/article/20081021/News/310219946
 ___. “A Sad Day When P. S. duPont Became an Elementary School.” Hockessin Community News, 27 Oct. 2008. www.hockessincommunitynews.com/article/20081021/News/310219938
Prado, Antonio, and Andrea Miller. “The 40-Year Legacy of Evans vs. Buchanan: A Struggle Over Education, Race, Power.” Hockessin Community News, 21 Oct. 2008. www.hockessincommunitynews.com/article/20081021/News/310219952
___. “Wilmington High School Red Devils Celebrate School and Mourn Its Loss.” Hockessin Community News, 27 Oct. 2008. www.hockessincommunitynews.com/article/20081021/News/310219949
Roberts, Sam. “Marva Collins, Educator Who Aimed High for Poor, Black Students, Dies at 78.” The New York Times, 28 June 2015. www.nytimes.com/2015/06/29/us/marva-collins-78-no-nonsense-educator-and-activist-dies.html
Taylor, Linda Schrock. “Short-Changed by the New-New Math.” LewRockwell.com, 11 March 2003. www.lewrockwell.com/2003/03/linda-schrock-taylor/why-johnny-still-cant-add/
White, Adam. “The Lost Greatness of Alexander Bickel.” Commentary, March 2012.
Wilson, James Q. Bureaucracy: What Government Agencies Do and Why They Do It. New York: Basic Books, 1989.
___. The Moral Sense. New York: Free Press, 1997.




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The Coming of Trump

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Donald Trump is president of the United States.

Few foresaw the Donald’s electoral triumph. Mavens from Nate Silver to veteran Republican strategist Mike Murphy to little old me (actually, I’m over six feet tall) were certain Clinton would win. With the exception of Allan Lichtman, no major American political scientist predicted a Trump victory. (I should mention that Doug Casey, whose name is on the masthead here, also predicted that Trump would win.) Even Trump and his people seemed, on election eve, prepared to face the agony of defeat.

How did most prognosticators get it so wrong? We simply didn’t foresee that Trump would break through to win the Rust Belt states of Pennsylvania, Michigan, and Wisconsin. That was the difference in the election; almost everything else went pretty much as expected. Trump did win Florida, which Obama had carried twice. This was something of a surprise, particularly since many of us believed that Hispanic voters (15% of the Florida electorate) would go overwhelmingly for Clinton. Yet Trump actually did better among Hispanics than Romney in 2012. He won almost 30% of the Hispanic vote, even though pre-election polls showed him with less than half that much support among Hispanics. Clearly there were some hidden Trump voters among this population — “good hombres,” from the Donald’s point of view.

Even Trump and his people seemed, on election eve, prepared to face the agony of defeat.

But hidden supporters weren’t the main reason why Trump outperformed Romney among minorities. More important was the fact that Trump wasn’t running against Barack Obama. A lot of minority voters who got off the couch twice for Barry couldn’t be bothered to vote for a white female Democrat, even though it probably would’ve been in their best interest to do so.

Conversely, the forgotten white voter — the working class whites in the upper Midwest and elsewhere who’ve been left behind in the post-industrial economy and feel threatened by the rise of women and people of color — turned out in unexpectedly high numbers. Economic, racial, and gender ressentiment motivated them enough to put down that can of Bud and drive the pickup over to the polling place.

In the summer of 2016 I had a conversation about the election with a prominent libertarian intellectual. I offered the opinion that the Trump movement represented a revolt of the lower middle class — of the people caught between the nouveau riche of the technology and information economy on the one side, and “coddled” minorities on the other. For years these white working class folks have seen themselves (rightly) as being taken for granted by the Republican establishment, and largely ignored by the Democrats.

A lot of minority voters who got off the couch twice for Obama couldn’t be bothered to vote for a white female Democrat.

A little later I discovered just how many white males without a college degree there are in the voting age population. I don’t recall the exact number offhand, but I do remember being surprised at how large it was. I also remember thinking that if a lot of those guys actually showed up at the polls, Trump could win. But I immediately dismissed that notion from my mind. A high percentage of those folks don’t vote, I said to myself. I believed they would simply continue to accept their fate. But these people, the American lumpenproletariat, saw in Trump a candidate who truly seemed to feel as they do about many issues. They believed that he could be a savior who would improve their lives and preserve their values. And on November 8 they came out to vote for him. Whether they will still support him in four years’ time, or even a year from now, may be another matter, but as of now their support remains pretty firm.

The effect of the Libertarian Party on the election is hard to quantify. Gary Johnson probably took more votes away from Trump, but I don’t see that he gave Clinton any states that Trump would otherwise have won. The Green Party, on the other hand, arguably cost Clinton the election.

I had expected that leftists would hold their noses and vote for Hillary. Given how scary Trump appears from their perspective, and given the example of 2000, when Nader and the Greens handed the election to George W. Bush, voting for Hillary would have been the Left’s best option. But I guess the far Left is as irrational about politics as it is about economics, social policy, human nature, etc. Had Jill Stein’s voters in Pennsylvania, Michigan, and Wisconsin cast their votes for Clinton, she and not Trump would have been elected. If the Trump administration crushes the hopes and dreams of American leftists, Jill Stein and her wooly-minded supporters will bear a good part of the blame.

An electoral upset of epic proportions was produced by a combination of apathy among many minority voters, enthusiasm for Trump among working class whites, and a few thousand votes cast by clueless leftists. There were in addition two other factors in Trump’s triumph. Two prominent Americans, a man and a woman, played outsized roles in the Donald’s march to victory.

The American lumpenproletariat saw in Trump a candidate who truly seemed to feel as they do about many issues.

The man in question is the late Antonin Scalia. The dead may not vote (outside of Chicago and a few other places), but Justice Scalia exercised, from the grave, a considerable influence over the outcome of the election. A lot of people in places such as the suburbs of Philadelphia were wary of having Hillary Clinton fill not just Scalia’s empty seat on the Supreme Court, but the next two or more vacancies as well. That’s a big reason why a majority of white women were willing to vote for a p***y-grabbing lech like Trump.

The woman, of course, is Hillary Clinton. Some of the hate for her is doubtless based on pure misogyny, or fake news stories swallowed whole by the ignoramuses of America (such as the absurd claim that she was involved in child sex trafficking). But of course it goes well beyond that. Her Kennedyesque penchant for making up her own rules, her money-grubbing, her patronizing style and blatant ambition are all deeply unsympathetic traits. Of course, Trump personifies the same character flaws, on top of which he has no grasp of policy. But it turned out that the voters preferred an uninformed, boorish man to a fairly clever but calculating woman.

What effect Russian hacking had on the election is still unclear, and it’s by no means certain that the investigations now underway will throw real light on the matter. That Putin directed his minions to work against Clinton (and therefore on Trump’s behalf) is pretty obvious, but did the hacking actually change votes, or keep Clinton supporters away from the polls? I find it hard to believe that Russians decided the election. Russian intervention in our politics is certainly something Americans should be upset about. On the other hand, we’ve interfered in so many other countries’ elections during the post-World War II era that the karmic bill had to come due at some point.

The dead may not vote, but Justice Scalia exercised, from the grave, a considerable influence over the outcome of the election.

I happen to favor a friendlier US-Russia relationship. Putin is a gangster, but a friendly Russia would be very helpful in dealing with the two biggest geopolitical threats that we face in the early 21st century, namely Sunni jihadism and Chinese imperialism. The Russian annexation of Crimea (equivalent to the United States taking back Florida if we somehow lost it) and Putin’s little war in eastern Ukraine are not critical to the survival and prosperity of the American people. Russia’s friendship would allow us to make our way in the world with far fewer headaches. That appeared to be candidate Trump’s view, but President Trump has been far more circumspect. Certainly the members of his national security team, now that General Michael Flynn has been removed as national security advisor, are hardly pro-Russian.

We can’t simply ignore Putin’s interference in our election — which, far from being a one-off, was part of a larger, ongoing Russian effort to disrupt the Western alliance. So the future of US-Russia relations remains murky, given the division of opinion on the subject among US elites. Of course, if Russia really has compromising information on Trump, then we face a very different situation, one that could even lead to a constitutional crisis.

To sum up the election: Trump stunned the world. Hillary won the popular vote, but this was due entirely to her lopsided majority in California. In the other 49 states Trump outpolled her by nearly a million and a half votes. He garnered two million more votes than Romney received in 2012. He won 30 states. It was a fairly close election, but a clear victory for the Donald. Like it or not, the result was comparable to John F. Kennedy’s 1960 win.

* * *

As Trump entered office the Republican Party appeared triumphant. Republicans controlled the presidency, both houses of Congress, and more than half of the governorships and state legislatures. But the GOP is in fact in serious crisis. The Republican candidate for president has lost the popular vote in six of the last seven elections. Republican majorities in Congress are magnified by the ruthless gerrymandering carried out by Republican-controlled state legislatures. The core constituency of the GOP, non-Hispanic whites, is shrinking as a percentage of the total population. The party itself is riven by profound ideological divisions. The man who led them to victory in 2016 is probably best characterized as a conservative Democrat (he is of course a ruthless opportunist above all, and better at it than anybody else on the contemporary political scene). Personally and ideologically Trump has little in common with either the Paul Ryan wing of the party or the evangelical-social conservative faction. If he can hold the party together over the next four years, he will go down as the greatest political genius-manipulator since FDR.

Hillary won the popular vote, but this was due entirely to her lopsided majority in California. In the other 49 states Trump outpolled her by nearly a million and a half votes.

Some analysts see this as a real possibility. The creation of such a grand coalition would require that the GOP establishment embrace much of the economic agenda of Trump’s working-class supporters. This is simply not going to happen, as the fights over the repeal of Obamacare and the imposition of a border adjustment tax have shown. The Republican Party has been Balkanized; economic nationalists such as Trump and Steve Bannon are bitterly opposed by economic libertarians such as the Koch brothers and members of the Freedom Caucus in Congress, with Speaker Paul Ryan falling between the two camps (Ryan’s heart is with the libertarians, but he supports the border tax). At the same time, devotees of Wall Street crony capitalism control the main centers of economic policymaking in the administration.

The fact that Grover Norquist supports the border tax sums up the state of flux — or perhaps one should say the schizophrenia — that marks the GOP’s attitude toward economic matters these days. Where it will all lead in terms of policy implementation is anybody’s guess. Confusion or stalemate (or both) seem, at this time, the most likely outcomes.

Meanwhile the social conservatives (some of whom are economic nationalists, while others align with the libertarians) have been thrown a few bones by Trump, such as the abandonment of Obama rules protecting transgender schoolchildren, and the push to defund Planned Parenthood. But social conservatives are toxic in two ways. First, they tend to be absolutist; they despise compromise when it comes to certain issues. Yet in a country as big and diverse as America, compromise is usually necessary. Second, they turn off a lot of people, and not just secularists, when they begin to get their way. Nobody likes moralizing hypocrites (and hypocrites they are — imagine their reaction if Obama’s voice had been heard on the p***y-grabbing tape, yet Trump was given a pass) except perhaps others of their ilk, and the majority of Americans are not moralizing hypocrites. For Trump to keep the social conservatives on board without alienating the rest of us will require a very fine balancing act. And in 70-plus years of life, Donald Trump has not displayed the acumen and tact that such a balancing requires.

At the moment the party is so dependent on Trump, or rather his white working-class supporters, that there’s little it can do but tolerate his personal and policy eccentricities. Nevertheless, many (indeed, most) Republican politicians would much prefer to have Mike Pence sitting in the big seat. The congressional leadership, the people who ran against Trump in the Republican primaries, the internationalists and free traders, and many social conservatives loathe Trump the man, though very few of them have so far dared to say so openly. For the moment they are with him; they have little choice but to support him. They know that without Trump’s working-class support the GOP is doomed to become a minority party nationally, even given the disarray among the Democrats. But if Trump should falter, the party will dispense with him and turn the presidency over to Pence. Trump’s many ethical and legal conflicts, simmering on the political backburner, can be used to ruin him. If his core supporters should abandon him, a scandal or scandals will be brought before the public, followed by congressional and other investigations, ending in resignation or impeachment.

For Trump to keep the social conservatives on board without alienating the rest of us will require a very fine balancing act. And in 70-plus years of life, Donald Trump has not displayed the acumen and tact that such a balancing requires.

Last year I published an essay in Liberty that discussed the existence of “Deep Politics” in post-World War II America. The Trump period, however long it lasts, will be a time of deep political intrigue on a scale unseen since the Nixon years. Only political and policy success — and perhaps not even that — can keep Trump in office for a full term.

* * *

Will Trump’s policies succeed, will his popularity with his core supporters remain high? There are plausible scenarios under which a Trump administration does in fact “succeed.” Yet it’s clear that Trump is the least qualified person to be elevated to the position of leader of the Western world since Elagabalus was made Emperor of Rome in 218 CE. And then there’s the coterie of advisors who surround him.

The attorney general, Jeff Sessions, was rejected for a federal judgeship by the Republican-majority Senate Judiciary Committee in 1986 because there were indications that he might be a bigot. Bigoted or not, he supports policies that are for the most part reactionary and bound to excite opposition. We may see a new front opened in the War on Drugs, specifically against states that have legalized marijuana (ironic in that this administration will otherwise appeal to “states’ rights” in order to shift policy). Sessions also wants to imprison more nonviolent criminals, even though we already have the highest incarceration rate of any country on earth. He would have made a good attorney general for Woodrow Wilson in 1917, when that president was trampling on the rights of Americans in the name of winning World War I. But Sessions is probably not the man for the America of 2017.

The secretary of defense, retired Marine General James “Mad Dog” Mattis, was a good fighting general in the Patton mold. He’s a scholar, too, with an extensive private library. But he’s no administrator. He will find it difficult, and perhaps impossible, to master the vast bureaucratic complex he’s been called upon to oversee. Nor is it clear that his intellect and forceful personality will wear well over time with the Ignoramus-in-Chief. His tenure as defense secretary may well end before 2020.

Trump is the least qualified person to be elevated to the position of leader of the Western world since Elagabalus was made Emperor of Rome in 218 CE.

The new secretary of state, Rex Tillerson, was CEO of ExxonMobil for a decade before becoming our nation’s top diplomat. Many readers of Liberty will be pleased to learn (if they don’t already know) that he’s a devotee of Ayn Rand. Others may agree with Steve Coll that Tillerson’s appointment confirms “the assumption of many people around the world that American power is best understood as a raw, neocolonial exercise in securing resources.” Tillerson, a former Eagle Scout, does not appear well-equipped to perform the duties of the nation’s top diplomat. During his confirmation hearings he created an international incident by threatening China with war in the South China Sea.

Now, I’m very much in favor of taking a stronger line with China, but I don’t believe that a hot war in the South China Sea or the Taiwan Straits is in our interest. Tillerson, with the rich oil and gas resources of the South China Sea in mind, may think otherwise. Additionally, Tillerson has complicated connections to Putin and Russia that may leave him open to charges of conflict of interest as he seeks to manage that very important bilateral relationship.

I am happy to say that Trump’s initial choice as national security advisor, retired Army general Michael Flynn, has disappeared from the scene as a result of ethical lapses and conflicts. His successor, Army general H.R. McMaster, is superbly qualified for the job. A man of courage and integrity, with a fine record of combat leadership in Iraq, he’s also probably the foremost intellect among currently serving general officers. Together with Mattis he should be able to keep Trump’s foreign policy on an even keel.

The most problematic of Trump’s appointments may be those to his economic team. Steve Mnuchin as secretary of the treasury and Gary Cohn as director of the National Economic Council should disturb many of Trump’s most devoted followers. You will perhaps recall how some of those followers berated Ted Cruz on national TV, simply because the senator’s wife worked for Goldman Sachs. Well, the new treasury secretary and the head of the NEA are both Goldman alumni. Until his appointment, Cohn had for many years been Goldman’s second-in-command. Of course, since many of Trump’s most devoted supporters are, objectively speaking, intellectually deficient, the Goldman connection may cause nary a ripple — at least at first.

Rex Tillerson does not appear well-equipped to perform the duties of the nation’s top diplomat.

Trump will need to deliver on his populist promises of more and better jobs, better and cheaper health care, and no cuts to Social Security and Medicare, or he is almost certain to lose the support of the working-class whites who put him in the White House. If he fails, then the cry of “Down with the plutocracy!” will be heard across the land, and none will be shouting it louder than the working class.

Perhaps even more important than the Cabinet members are the councilors who will surround the new president. Of these the most important are White House Chief of Staff Reince Priebus, chief strategist and senior counselor Steve Bannon, and Trump’s son-in-law and “senior advisor,” 36-year-old Jared Kushner.

Priebus is the link to Paul Ryan and the Republican leadership in Congress, and to the Republican establishment. A modest man who has much to be modest about, he is likely to be a coordinator rather than a maker of policy. How well he can control, or rather restrain, the Donald remains to be seen. The initial returns are not promising. I would not be surprised if Priebus becomes little more than a cypher, with Bannon and Kushner, more forceful personalities, monopolizing the boss’s ear.

Bannon needs to pick up his game, and soon, or he’ll be back at Breitbart News, writing screeds attacking his former colleagues and boss.

Bannon has been widely castigated as a racist, a fascist, an anti-Semite, etc. He is in fact none of these things. Though a bomb-thrower to be sure, he nevertheless has a great deal of worldly experience and the capacity to look at issues with a fresh (and sometimes withering) eye. He should not be underestimated by his opponents on the left (or the right). He probably sees the best way forward to achieving a successful first term. Like Mattis, McMaster, and Kushner, he should be a very important actor in the unfolding of the Trump administration.

On the other hand, the botched attempt to ban entry to the US by Muslims from seven designated countries, which not only endangered the lives of people who had been of great help to us in Iraq but is still tied up in the courts, and the failure of the badly written bill designed to repeal and replace Obamacare, were largely Bannon’s fault. He needs to pick up his game, and soon, or he’ll be back at Breitbart News, writing screeds attacking his former colleagues and boss.

By all accounts Kushner was a key player in the Trump campaign. Being married to Ivanka Trump further fortifies his position. Yet he’s clearly untested when it comes to both domestic and world affairs. As with many young people, what he knows, he knows well. But what he doesn’t know he hasn’t yet begun to suspect exists. This could be a recipe for trouble, particularly should he come into conflict with more seasoned advisors to the president.

* * *

A successful Trump presidency could provide some satisfaction to libertarians. Lower corporate and individual taxes and less regulation are bedrock principles for most libertarians. But beyond that. . . . Remember, Trump’s margin of victory was provided by white working-class voters. These voters expect certain things from a Trump presidency that are not on the libertarian agenda.

For these folks a successful Trump first term will require that he indeed passes a trillion-dollar infrastructure program that provides millions of $20-$30 per hour jobs in construction and related fields. It will require that some manufacturing jobs come back to America from Mexico and elsewhere (although we know that any major return of such jobs to the United States is, for several reasons, an economic impossibility). It will require that he replace Obamacare with something that gives average Americans the same or better coverage, and at lower cost. It will require that not a cent of Social Security or Medicare benefits be cut, now or in the future. Can Trump do this?

Trump may get his trillion-dollar infrastructure program passed, and given the fact that interest rates are still very low, now would indeed be a good time to borrow that money and do the work. But the rest of what Trump needs to do to secure his presidency and build a new, nationalist Republican Party based on the working class is not only anathema to most libertarians and mainstream Republicans but pure pie-in-the-sky economically.

He is, in short, likely to fail. And if he fails his working-class base will disappear like snow in an oven. And then the knives will come out, and all the people the Donald has traduced and humiliated will have their revenge. The investigations will begin, dirt will be found, and the huckster and showman will no longer have an audience to applaud and bay at his every rich slander and outrageous lie.

Should this scenario become reality, how the final act will play out is far from certain. It’s not likely that Trump will go quietly, as Nixon did. On the contrary, Trump appears to know no limits when it comes to preserving his self-image as a conquering hero. What this may portend for America’s future is difficult to contemplate.




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