Month: December 2017

Improving Intercultural Understanding

My friend Yael Luttwak, a film maker, undertook a brilliant project in Palestine (now comprising Israel, the West Bank and the Gaza Strip) in 2007 to improve relations between Jewish Israeli and Palestinian women. In her own words she “filmed A Slim Peace, documenting what happened when women who were secular Israeli Jews, Jewish settlers, West Bank Muslims, and Bedouin came together in a health and nutrition group run by a Jewish and a Muslim woman. Most had never met the likes of their counterparts before, and most never would have. But in that setting, they connected and empathy and understanding grew.” These women met in Gush Etzion, outside Jerusalem, not for the ostensible purpose of improving Israeli Palestinian relations, but to explore how to improve their diets and lose weight. That is the brilliance of the project. Improved understanding of each other as people was a by-product rather than the main focus. It is worth reading Yael’s full account of the project: “About A Slim Peace”

With Yael’s project in mind, I read with some dismay the experience of white and black fraternity and sorority students at the University of Tennessee in Chattanooga with what seemed a similar project. In the 1990s well meaning white students joined receptive and welcoming black students in learning the African American “step” routines that back students had performed annually for many years. But in October 2016 “black fraternities and sororities at the University of Tennessee at Chattanooga had decided to [step] on their own. They took the show off campus, abandoning a glitzy annual homecoming event that had long included black and white students — and produced a program they felt was a more authentic reflection of stepping’s African American origins.” What was going on? “The-show-was-supposed-to-bring-black-and-white-students-together-it-almost-tore-them-apart”.

It is important to understand the profound difference between Yael’s Palestinian project and what happened at the University of Tennessee. The gatherings of Israeli and Palestinian women did not result in merging and blending, melting pot style, their respective cultures. Rather it resulted in improved understanding and cross-cultural bonding.

According one black student at the U of Tennessee: “The show no longer felt like a sharing of tradition but, rather, was one more element of black culture and identity that had been usurped…. This isn’t just entertainment for us,… When white students performed, it was just a performance. It had no greater meaning, or a sense of why. We don’t step without a ‘why.’ It connects us to something bigger.’”

“’Stepping isn’t yours,’ Hicks recalled responding. ‘This experience was so essential, and it’s so tied to the history of [black Greeks], and I think it just became something you have stolen and you are using it as your own’…. Kaitibi [a black student] told the audience that the black Greeks wanted to do something to ‘preserve our heritage and honor our traditions.’ It wouldn’t necessarily be bad if a white group wanted to do the same, ‘but we have to wonder: What traditions are you honoring?’”

“Black students [explained that] they were trying to find a balance between self-affirmation and racial reconciliation.”

In other words, the goal of racial and religious harmony and equal treatment under the law is not best served be attempting to obliterate or denying cultural/racial/religious differences. It is better served by developing and strengthening cross-cultural understanding and mutual respect.

American Exceptionalism—where has it gone?

Americans are among the most generous people in the world.  World Giving Index – published by the Charities Aid foundation – averages the percent of the population giving money to charities, the percent who have volunteered time for an organization in the past month, and the percent who have helped a stranger in the past month. Americans are sixth, tied with Switzerland with a score of 55%. Australia and New Zealand are first and second with 57% followed by Ireland and Canada with 56%. Germany is 19th with 44% and France is 93rd with a score of 27%.

I have always been proud that visitors to the United States have generally found Americans to be friendly, helpful, and good-hearted. I realize that this is a bit hard to imagine these days with the negativism thrown from the right and the left at each other, but we still manage the occasional smile in the grocery store as we wait at the checkout line. However, views of America abroad have been declining for some years and have plummeted this year. http://www.pewglobal.org/2017/06/26/u-s-image-suffers-as-publics-around-world-question-trumps-leadership/

The reasons for this decline that leap out to me reflect the propensity of our government to throw its weight around. We have been at war almost continuously since 9/11 (Afghanistan, Iraq, Somalia, Syria, Libya, Yemen, Nigeria, and who knows where else). The U.S. has 662 overseas bases in 38 foreign countries and military personnel in 130 countries. Most American soldiers are fine young men but no one likes foreign soldiers on their streets for very long, even went they are well behaved most of the time.

I was discussing with a Pakistani friend the “special” qualities of the American government and American people that make us exceptional https://works.bepress.com/warren_coats/35/. He suggested that a growing number of people around the world see the United States as exceptional in the sense that it doesn’t think it needs to follow the rules it sets out for everyone else. We are seen as bullies. Ouch.

The most recent and embarrassing example of this was President Trump’s announcement that the United States recognized Jerusalem as the capital of Israel and would move the U.S. Embassy there. As background, on May 14, 1948 the British agreed when Israel declared its independence from the British mandate that ruled Palestine. The State of Israel was immediately recognized by the United States. After several rejections by the UN Security Council, Israel’s UN membership application was accepted by the General Assembly on May 11, 1949 in Resolution 273, which, among other things, defined the new country’s boundaries. Between June 5 to 10, 1967 Israel attacked and captured surrounding territories in Egypt, Jordan and Syria in what became known as the Six-Day War. Except the Gaza Strip and the West Bank most of the captured territory was returned as part of a peace agreement. Israel ended its occupation of the Gaza Strip in August 2005.

The termination of Israel’s “temporary” occupation of the West Bank, including East Jerusalem remains the subject of the Israeli-Palestinian peace negotiations. “Under the 1947 UN Partition Plan to divide historical Palestine between Jewish and Arab states, Jerusalem was granted special status and was meant to be placed under international sovereignty and control. The special status was based on Jerusalem’s religious importance to the three Abrahamic religions.”  “Jerusalem-capital-Israel”

In general, the international community rejects the use of brute force to change borders. Russia’s annexation of Crimea into Russia (though it was previously part of Russia before Khrushchev gave it to Ukraine in 1954) violated this understanding.

President Trump’s announcement about the status of Jerusalem violates standing U.S. and international policy. It was almost universally condemned. The US vetoed a Security Council condemnation of Trump’s action but the General Assembly overwhelmingly (128 to 9, with 35 abstentions) passed a resolution declaring that, “any decisions and actions which purport to have altered the character, status or demographic composition of the Holy City of Jerusalem have no legal effect, are null and void and must be rescinded.” White-House-vows-to-stand-firm-on-trumps-recognition-of-jerusalem-as-israels-capital/2017/12/23/

The General Assembly vote used a rarely exorcised power as explained by Paul Pillar. “Among the principal takeaways from the General Assembly’s action is that an international sense of justice and fairness matters.  Many states reject the notion that might makes right, which is how the Israeli government has treated its relations with the Palestinians, and how the Trump administration approached its lobbying on this resolution.” “Uniting-against-trumps-policies-for-peace”

When the UN voted Thursday (Dec 22) to condemn this action “Only seven countries—Guatemala, Honduras, Togo, Nauru, Palau, Micronesia and the Marshall Islands—were willing to stand with Uncle Sam and Israel and vote against the resolution.” “Next-year-in-Jerusalem”

Aside from keeping the favor Israeli Prime Minister “Bibi” Netanyahu and some wealthy American Jewish donors, there is no upside to this step to be found. The peace talks, such as they were, have been damaged. Even the “Permanent Observer Mission of the Holy See to the United Nations called for maintaining of the status quo of Jerusalem.” In its letter to the President of the General Assembly it stated that: “The unique identity of Jerusalem, which is of universal interest, consists in its particular nature as a Holy City, most sacred to the three monotheistic religions and a symbol for millions of believers worldwide who consider it their “spiritual capital”. Its significance goes beyond the question of borders and this reality should be considered a priority in every negotiation for a political solution.” “Holy-See-supports-Jerusalem’s-historical-status-quo”

Israelis themselves are deeply divided on this issue. The continued and unresolved occupation of the West Bank by Israel has and continues to provoke terrible behavior by both sides. Uri Avnery, an Israeli freedom fighter in his youth, decries acts by his country against occupied Palestinians in passionate terms (email me if you are interested in his email) as does Phillip Weiss: Ending-crisis-Zionism/

But American bullying did not stop there. Nikki Haley, U.S. Ambassador to the UN, delivered a disgusting and threat-filled speech condemning the U.S. rebuke. “The crude tactics included Nikki Haley’s rhetoric about ‘taking names’ and Donald Trump’s bombast about cutting off U.S. aid.  Among the Arab states that supported the resolution were the two states—Egypt and Jordan—that receive more U.S. aid than anyone other than Israel.  The very crudeness of the tactics, and the offense taken to bullying, probably made the tactics counterproductive.” (see Pillar article above).

Good hearted and freedom loving Americans are increasingly represented by governments that push our views and interests on the rest of the world. The rest of the world’s resistance is building. This does not serve our economic or security interests. How did the “essential country”—the “exceptional country”—become a big bully? In recent weeks we have also been asking ourselves how prominent leaders in the media, industry, and Congress have become sexual bullies. It seems that power corrupts. Eternal vigilance is still needed.

The Wedding Cake

Americans harbor many conflicting views on many subjects. Our right to freely express them is guaranteed in the American Constitution’s First Amendment. It is precisely this right that has enabled the LGBT community to convince an ever-growing number of our fellow citizens that they should be entitled to the same protections under the law as anyone else.

Public discussion of conflicting opinions in a spirit of civility and mutual respect is an important aspect of developing consensus as well as tolerance for other beliefs and ways of living. While we are required by the Civil Rights Act of 1964 to set aside our personal opinions and tastes when we open for business to serve the public (the non discriminatory public accommodations requirement), our personal views are much more likely to be meaningfully changed by persuasion than by legal requirements. “There-will-be-no-winners-in-the-supreme-courts-wedding-cake-case/2017/12/04/”

In 2012, Charlie Craig and David Mullins, a same-sex couple, walked into Masterpiece Cakeshop in Lakewood Colorado to order a cake for a celebration of their wedding. Jack C. Phillips, the owner and cake designer of the shop, refused to bake it on the grounds that he opposed same-sex marriage. In the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission, now before the Supreme Court, Colorado’s Civil Rights Commission maintains that Mr. Phillips has violated the state’s public-accommodations law, which forbids discrimination against LGBT customers. The case pits the Constitution’s First Amendment protection of the right to free speech against the right of everyone, including gay and lesbian Americans, to the equal protection of the law on non discriminatory public accommodation. The Supreme Court must now decide how to balance these two rights.

Phillips argued that making him create a cake that celebrates a same-sex wedding would violate his First Amendment rights to free speech and free exercise of religion, by forcing him to express a message, and celebrate an event, that runs against his beliefs.  Messrs. Craig and Mullins argued that the cake shop had discriminated against them.  How can the rights and needs of each best be satisfied in our society of diverse beliefs?

There were many other cake shops happy to bake the desired cake. Why would Messrs. Craig and Mullins want to give their business to an unwilling baker? What goal was served by challenging the baker’s refusal in court? Did they think that a judge could force the baker to change his views about same sex marriage? Really? Public attitudes toward LGBTs have improved dramatically in recent years including attitudes toward same-sex marriage because of persuasion, not because of legal coercion. In fact, in 1996 legal coercion was used to prevent same-sex marriage with passage of the Defense of Marriage Act (DOMA). The Supreme Court fortunately overturned it in June 2015 in the case of Obergefell v. Hodges. What ever the Supreme Court decides, the LGBT community looses from this case. George Will: “A-cake-is-food-not-speech-but-why-bully-the-baker”/2017/12/01/

Everyone should worry about the threat of state-compelled speech, says gay marriage supporter Andrew Sullivan:  “It always worries me when gays advocate taking freedom away from other people. It worries me as a matter of principle. But it also unsettles me because some gay activists do not seem to realize that the position they’re taking is particularly dangerous for a tiny and historically despised minority. The blithe unconcern for the First Amendment in the war on ‘hate speech,’ for example, ignores the fact that, for centuries, the First Amendment was the only defense the gay minority ever had — and now, with the first taste of power, we are restricting the rights of others in this respect? Ugh. Endorse the state’s right to coerce speech or conscience and you have ceded a principle that can so easily come back to haunt you.” New York Magazine December 8, 2017.

The LGBT community should look first to improved understanding and then to tolerance of diversity. The courts are the last place to search for a workable balance between free speech and conscience and equal treatment of everyone under the law.

We will always have terrorists

The cancer of ISIS is metastasizing. As it losses its caliphate in the Levant, it is being reborn here and there across the globe. We will always have it or its successors or something like it, in the same way that we have always had gangs, mafia, murderers, and thieves. We can and should minimize their number and the damage they do but we will never eliminate them. The real issue is determining where we want the balance between freedom and security.

There are many reasons for the eternal existence of criminals and their crimes but one is that we are unwilling to create the police state and its repressive and intrusive measures that would be needed to eradicate them totally. In short, we prefer to live relatively free and accept some risks of terrorist acts relative to a safer alternative with significantly curtained freedom. As we evaluate government policies to protect us from terrorists, it is worth reviewing and keeping in mind where we have drawn the line between the risks of freedom and the restraints of greater and greater degrees of security. The line is always under review and adjusted a bit this way or that depending on conditions.

Some data from the U.S. helps us keep perspective. Over the past twelve months in the U.S. 104 people were killed by terrorists, 6 of whom were killed at the hands of Islamists. In comparison, 37,461 people died in automobile accidents in 2016. In response to the risk of death on the highway we regulate the right to drive, requiring a license, and enforce speed and other traffic regulations but we have not prevented people who qualify for a license from taking the risks of driving. A year ago I shared some interesting data on the causes of unnatural deaths in the U.S. in the following blog: https://wordpress.com/post/wcoats.blog/1025

On average 2,500 people choke to death per year while eating, yet the activity remains relatively unregulated.

General Michael Flynn

We all deserve to know whether Donald Trump colluded or cooperated with Putin and Russia in any way to illegally help his presidential campaign. I have full confidence that special counsel Robert Mueller’s investigation will provide us with the truth of that question one-way or the other.

I also strongly support former President Obama’s (Russian restart) and President Trump’s desires to build the closest and most cooperative relationship possible with Mr. Putin’s Russia that is consistent with American interests and values. This means that conversations—many conversations—between the Trump administration and Russian officials are not only proper, but also highly desirable.

The revelations that such conversations occurred tell us nothing about whether the Trump administration has been doing anything improper. Then enter General Michael Flynn.

Sunday’s Washington Post contains an article with the headline “Inside the day that set in motion Michael Flynn’s guilty plea”. The day in question was Dec 29, 2016, well after Trump’s election and four weeks before his inauguration. The day before President Obama had “imposed sanctions against Russia for its alleged interference in the election.” Flynn called Russian Ambassador Sergey Kislyak, “urging Moscow not to retaliate — and Russia later surprisingly agreed.”

On the face of it this is neither appropriate nor inappropriate. We would need additional information to come to such a conclusion. However, Flynn lied to the FBI about having such a conversation, which raises the suspicion that it was inappropriate. Unrelated to his work with the Trump administration, General Flynn failed to get clearance before doing work with foreign governments, nor did he register as their agent, as required by law. Generally Flynn seems to have a habit of lying. Later Flynn pleaded guilty to perjury as part of a deal to fully cooperate with Mueller’s investigation in exchange for not being charged with these other crimes.

So if Flynn was not making improper deals with Russia, why did he lie about it? Hopefully we will know in the course of time, but it could be because he belatedly learned that his “conversations with Kislyak violated the Logan Act, a 1799 law that prohibits private citizens from conducting U.S. foreign affairs without the permission of the government.”

No one has every been convicted of violating the Logan Act and a strong argument could be made that such acts by a President elect and his team are not covered.

I want to know the truth. Trump lies so regularly that he has no trust from anyone who really cares about the truth. But to be fair, Flynn’s conversations with Kislyak is not evidence of anything inappropriate. Let’s not jump to conclusions until we have enough information to do so with some confidence that they are correct.

What is SALT really about?

Here is the proper way to understand the SALT issue—whether State and Local Taxes should be deducted from taxable income on which federal taxes are levied.

Assume that taxpayer 1 (Jack) in state A and taxpayer 2 (Mary) in state B both have earned incomes of $150,000 each. If Uncle Sam needs to raise $60,000 each year from its income tax and applies a flat tax on each taxpayers’ total income, it would need to impose a tax rate of 20% (150,000+150,000=300,000*0.2=60,000). Each taxpayer would pay $30,000 in federal taxes.

Assume that Jack chooses to buy an expensive car costing $100,000 while Mary makes a more frugal choice and buys a $40,000 car. No one would think that they should be allowed to deduct the cost of their cars from their incomes for purposes of their federal income tax, but what if they could? Jack would now have $50,000 in federally taxable income (150,000-100,000) while Mary would have taxable income of$110,000 (100,000-40,000). To raise the same $60,000 needed by the Feds, the federal tax rate would need to be increased to 37.5% (50,000+110,000=160,000*0.375=60,000). Of the $60,000 in federal tax revenue, Jack would pay $18,750 (50,000*0.375) and Mary would pay $41,250 (110*0.375). Not only does Jack get a better car but he also pays less taxes. In fact, this tax treatment subsidizes Jack’s expensive car to the amount of $11,250 (30,000-18,750). This is likely to lead Jack to buy a more expensive car than he would have chosen if spending only his own money. Clearly that would be neither fair nor economically efficient.

Replace “car” in the above example with “state government expenditures”. Jack may well choose to have (and pay the higher taxes to finance) more extensive state government services than does Mary. That is fine as long as you are free to choose whether you live in state A or state B. But should Mary be forced to pay (subsidize) some of Jack’s tastes for larger state government expenditures? Surely not, but that is exactly what allowing tax payers to deduct their SALT from their taxable income for federal tax purposes does. Eliminating that deduction would restore fairness and remove any artificial inducement for larger state expenditures. In this way, every one would be free to support the level of state spending they are willing to pay for.