Brett Michael Kavanaugh

The mash up between Christine Blasey Ford and Brett Kavanaugh has produced very strong opinions for and against the claims of each. Our views on the veracity of each are based on our emotional assessments of the testimony of each. Unless the FBI interviews contain new facts, there is no evidence to confirm Prof. Ford’s claim that Kavanaugh sexually assaulted her nor evidence to confirm his claim that he didn’t. This is the horrible fact for acts, or alleged acts, with no witnesses (Ford claims Mark Judge witnessed the events she describes but he denies it).

This is the sad situation of “She said—he said” for which there seems no easy remedy. Actual rape generally produces evidence (semen) if promptly reported. But we have come to understand why many women do not promptly report their assaults. Memories and evidence fade with time. The sworn statements of Prof. Ford and Judge Kavanaugh have holes and inconsistencies and you will believe the one you choose, for whatever reasons, to believe. Prof. Ford can’t remember where or when her assault occurred or how as a 15 year old girl she got there or returned home. Her fear of flying didn’t prevent her from doing a lot of it, etc. Judge Kavanaugh’s choirboy depiction of his youth doesn’t square with the police report of a bar brawl he started in college and testimony of roommates and classmates of his hot temper when drunk, etc.

“Democrats, the left, and various other anti-Kavanaugh persons can thank attorney Michael Avenatti for this outcome, at least in part.

“The spotlight-stealing lawyer, who also represented Stormy Daniels, is responsible for drawing the media’s attention to Julie Swetnick, an alleged victim of Kavanaugh who told an inconsistent and unpersuasive story. Swetnick’s wild accusation provided cover for fence-sitting senators to overlook the more plausible allegation leveled by psychology professor Christine Blasey Ford, and to declare that Kavanaugh was being subjected to false smears.” “Brett Kavanaugh-Michael Avenatti Collins”

The sad consequences for the reputations of Ford and Kavanaugh, tragic as they are, are compounded by the despicable behavior of both the Republican and Democrat parties. The refusal of the Republican controlled Senate to confirm President Obama’s Supreme Court nominee, Merrick Garland, was a shocking breach of protocol. “Even before Obama had named Garland, and in fact only hours after Scalia’s death was announced, Senate Majority Leader Mitch McConnell declared any appointment by the sitting president to be null and void. He said the next Supreme Court justice should be chosen by the next president — to be elected [eight months] later that year.” “What-happened-with-merrick-garland-in-2016”-NPR

The Democrats have behaved as badly: “Sen. Bob Casey and Senate Minority Leader Chuck Schumer also announced that they opposed Trump’s pick without knowing whom the president had selected.” “Democrats-race-to-oppose-trumps-scotus-nominee-even-before-name-announced” Senator Feinstein’s withholding of Prof. Ford’s letter accusing Kavanaugh until the last minute was either stupid or malicious.

Sadly we didn’t have much of the debate we should have had about Kavanaugh’s judicial qualifications and judicial philosophy. He is clearly highly qualified as was Judge Garland who as Chief Judge of the United States Court of Appeals for the District of Columbia Circuit headed the same court on which Kavanaugh has sat for the last 12 years. His job, he says, is to fairly interpret and enforce the law, not make it. Is he an originalist or texturalist and what do those mean?

Since 9/11 and The Patriot Act we have lived in a semi surveillance state that violates our constitutional rights to privacy and due process. As an official in the W Bush White House, Kavanaugh helped write the Patriot Act and later as a Federal judge he ruled to uphold parts of it that many of us consider unconstitutional:

“In a ruling in the U.S. Court of Appeals for the D.C. Circuit, Kavanaugh ruled that ‘the Government’s metadata collection program is entirely consistent with the Fourth Amendment.’ He also later stated ‘that critical national security need outweighs the impact on privacy occasioned by this program.’ Again, a rather odd conclusion for a staunch ‘constitutionalist’ to support.” https://fee.org/articles/the-constitutional-reasons-to-oppose-kavanaugh-for-the-supreme-court/?utm_campaign=FEE%20Weekly&utm_source=hs_email&utm_medium=email&utm_content=66477479&_hsenc=p2ANqtz–ZykcA0d1RgLgdKULIW6mqsBca_Mo6JDsC32-QU_CuMj4Tjcd7zNZA3lLuA0j1VucrH83ejT1Zrte2fKpGKnJS7qGN6w&_hsmi=66477479

But in most areas of protecting constitutionally protected rights or constitutionally mandated restraints on government, Judge Kavanaugh has been on the side of strict constitutionalism. While constitutional scholars are divided over just what a proper adherence to the constitution in the twenty first century should means, there is almost universal agreement that former justice Antonin Scalia helped sharpen the debate around that question.

The left wing historian and activist Howard Zinn puts the issue of judicial philosophy of SC judges in perspective in the following article. https://progressive.org/op-eds/howard-zinn-despair-supreme-court/

I assumed that he was writing about Judge Kavanaugh. After reading it I was surprise to realize that it had been written thirteen years ago. Mr. Zinn died in 2010.

Britt Kavanaugh’s scrutiny by the Senate has been ugly and painful. The Senate’s abandonment of traditional procedures, with their checks and balances, first by the Democrats and now by the Republicans is shortsighted and regrettable. The lack of deference to the President when consenting to his or her choices for her government is recent and regrettable. But most regrettable of all is the divisive lack of commitment to service to the nation as a whole rather than narrow partisan interests by our congressional representatives and our tweeting President.

Alex Jones

Alex Jones and his Infowars website have been removed and banned from YouTube, Facebook, Apple, and Spotify among the most popular social media platforms.  As of this moment, Twitter claims to be reviewing CNN claims that Jones and Infowars violate Twitter’s standards.  What should we think about this?

Jones has made many ridiculously false claims, such as the belief that Sept. 11 was an inside job, that the Sandy Hook massacre never happened and that Michelle Obama is a transgendered person with male genitalia.  “An InfoWars video posted in July 2018 falsely declared that the ‘CIA admits transgenderism is a plot to depopulate humanity.’” Twitter-Infowars-Alex Jones But accuracy and honesty haven’t been criteria for banning posts or President Trump’s tweeter account would have been closed long ago. Who is to decide whose lies can be tweeted and whose can’t?

Hate speech, which violates Twitter’s rules, is another matter, as is the promotion of violence.  Twitter’s rules state that it does “not tolerate” content “that degrades someone.”  President Trump violates this rule as well on a regular bases.

What should we do about the lies and hate that are regularly posted on the Internet?  I agree with Kimberly Ross who said that: “It is imperative that we don’t view those like Alex Jones, who peddle in fear-mongering and lies, as harmless. In fact, we should actively call out such appalling behavior….  We should never wait around for the Left to come in and clean up our side.  We should do that ourselves.  Individuals like Jones who manufacture outrage and spread falsehoods should find that the market on the Right for their wares is minuscule.”  Dont-defend-Alex-Jones-but-dont-let-the-government-get-into-censorship-either

Several important policy issues arise from this.  We should challenge what we believe to be lies and hatred ourselves.  Our First Amendment protection of free speech rightly prevents the government from deciding what is true and what is hateful and banning it.  Few of us would be happy letting Stephen Miller, a nasty minded White House Adviser, determine what could be posted on Facebook about American experience with immigrants.  Jonathan Rauch has updated his wonderful book Kindly Inquisitors: The New Attacks on Free Thought,in which he argues that the best defense against fake news and hateful speech is to exercise our free speech to challenge it.  Kindly-Inquisitors-Attacks-Free-Thought. See also his short essay on this subject:  “Who-will-regulate-hate-speech”.

Facebook and Twitter are private companies and should be free to set whatever policies for access that they want.  On the other hand they come close to being public utilities like telephone companies and Internet access providers who should not be allow to block access to the Alex Joneses of the world because they lie and spread hate.  This deserves further thought.

Turning to government to protect us from every unpleasantry we might encounter weakens us and takes us in the wrong direction.  Those who defend protecting us from hate speech with “safe zones” and “trigger warnings” reflect a paternalistic attitude toward the responsibilities of our government and of ourselves as citizens of a free society.  Like the well-meaning, but ultimately harmful, helicopter moms, we risk creating a society of wimps dependent on government for far more than is healthy for a free society.  Part of our training as we grow up and encounter a sometimes nasty world should be to stand up and challenge falsehood and hate when we encounter it.  Safe zones deprive us of such training.  It’s our job to counter lies and hate, not the government’s.

Econ 101: Trade Deficits, another Bite

Some years ago my friend Moritz Schularick and I were walking down a street in what is now called midtown Berlin (the former Eastern zone). Moritz asked me if I could explain why capital was flowing into the U.S. from developing countries when economic theory suggested it should flow in the other direction. At the time I didn’t have a very good answer. This note offers a better one.

We expect investors to put their money where the risk adjusted return is highest because that would maximize their profits. Wealthy countries like the United States have large capital stocks as a result of many decades of investment. Poor countries—especially the emerging economies—have much smaller capital stocks. Under those circumstances, the return to investing in more capital where it is relatively scarce is normally higher than where large investments have already been made. Economists call this the declining marginal return to capital. So the capital intensive, wealthier countries should have a lower return on investing in still more capital than would the poorer capital scarce countries. If the return to capital (interest rate) in emerging market economies is higher than in the U.S., capital should flow from the U.S. to promising developing countries.

I told Moritz that it must be that because of stronger institutions and property rights (rule of law) in the U.S. compared to many developing economies, investment in them was riskier to such an extent that the risk adjusted return was actually lower in developing economies. That may explain part of the reverse flow of capital into the U.S.

But two other factors might be even more important.

First we need to understand how capital flows from the U.S. to another economy. Consider American investments in Chile, a rapidly growing emerging economy with relatively good institutions and rule of law. American investors must buy Chilean pesos in the amounts to be invested. This will appreciate the peso some (one peso will be more dollars than before making American goods cheaper). Those pesos might be used to buy shares in a growing Chilean company. The purchase of these shares by an American might simply be a change in ownership (portfolio investment) or might finance new investment (Foreign direct investment—an actual increase in capital).

But what does the Chilean who sold her pesos for dollars do with those dollars? It simplifies without fundamentally changing the story to assume that the Chilean firm selling its share to an American acquired those dollars. The firm might buy U.S. treasury securities with these dollars (this is the simple swap of asset ownership of portfolio investments). But more likely it buys American machinery and equipment for its new investment. The U.S. “enjoys” a trade surplus as a result of these capital outflows. This is the traditional relationship assumed between the developed and undeveloped world. Capital flows from the U.S. to Chile.

Two additional very important factors have changed this story causing capital to flow backward from the Chiles of the world to the U.S. In my previous blog “Econ-101-trade-deficits” I explained the following relationship:

(M – X)   =   (I – S) +   (G – T),

which says that the trade deficit (imports-M- less exports-X) is equal to the savings deficit (investment-I- less saving-S) plus the government’s fiscal deficit (government spending-G- less its tax revenue-T). Uncle Sam has had a fiscal deficit every year since the Clinton administration surpluses (even currently when the economy is fully employed!) The rest of the world has helped finance our fiscal profligacy thus keeping US interest rates lower than they otherwise would have been and crowding out less of our private investment than such fiscal deficits would otherwise have caused. The rest of the world acquires the dollars to invest in the U.S. by selling more to us than they buy from us (i.e., via our trade deficit). So other things equal a smaller fiscal deficit or, god forbid, a fiscal surplus will reduce our trade deficit.

The other, often overlooked, cause of our trade deficits arises from the use of the U.S. dollar as the world’s primary reserve asset and thus the demand from foreign central banks to hold them in their foreign exchange reserves. They acquire these dollars via our trade deficit (and their trade surplus). Their demand for U.S. dollars appreciates the exchange rate of the dollar relative to foreign currencies making foreign goods cheaper in the U.S. and American exports more expensive abroad, thus creating our trade deficits and their surpluses (see my blog from last week linked above and/or this more extensive treatment; “Why the world needs a reserve asset with a hard anchor” Frontiers of Economics in China 2017, Vol 12 Issue 4, http://journal.hep.com.cn/fec/EN/10.3868/s060-006-017-0023-7).

It would be in our interest to replace the dollar’s use in foreign reserves with an internationally issued reserve currency, something I have been advocating for many years. The details for what this might look like and how it could be done are provided here: “Real SDR Currency Board”

 

 

The shriveling of U.S. influence

Today in Chile 11 of the original 12 countries that had signed the Trans-Pacific Partnership (TPP) multilateral trade agreement on February 4, 2016 are signing the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or TPP-11 for short, i.e., the TPP minus the U.S.). Upon taking office President Trump promptly withdrew the United States from the agreement saying that it was “a bad deal”. In fact it modernized and raised the level toward U.S. standards in the areas of e-commerce, intellectual property protection, and dispute resolution. Though the agreement provided significant benefits to the U.S. and despite the U.S. withdrawal, the remaining participants (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam) preserved the basic provisions of the original agreement while freezing 22 provisions of particular interest to the United State to facilitate its rejoining at a latter time should it return to its senses.  China and other Pacific Rim countries are also welcome to join if and when they meet the agreement’s high standards. This will not be easy for China should it chose to return to its earlier efforts to integrate into the rules of the world trading system.

The U.S. Congressional Research Service summarized the key provisions of the TPP as follows:

“The TPP would provide several principal trade liberalization and rules based outcomes for the United States. These include the following:

  • lower tariff and non tariff barriers on U.S. goods through eventual elimination of all tariffs on industrial products and most tariffs and quotas on agricultural products;
  • greater service sector liberalization with enhanced disciplines, such as nondiscriminatory and minimum standard of treatment, along with certain exceptions;
  • additional intellectual property rights protections in patent, copyrights, trademarks, and trade secrets; first specific data protection provisions for biologic drugs and new criminal penalties for cybertheft of trade secrets;
  • investment protections that guarantee nondiscriminatory treatment, minimum standard of treatment and other provisions to protect foreign investment, balanced by provisions to protect a state’s right to regulate in the public interest;
  • enforceable provisions designed to provide minimum standards of labor and environmental protection in TPP countries;
  • commitments, without an enforcement mechanism, to avoid currency manipulation, provide transparency and reporting concerning monetary policy, and engage in regulatory dialogue among TPP parties;
  • digital trade commitments to promote the free flow of data and to prevent data localization, except for data localization in financial services, alongside commitments on privacy and exceptions for legitimate public policy purposes;
  • enhanced regulatory transparency and due process provisions in standards setting; and
  • the most expansive disciplines on state owned enterprises ever in a U.S. FTA or the WTO, albeit with exceptions, to advance fair competition with private firms based on commercial considerations.”

No trade agreement (yet) is perfect and the TPP represented a significant improvement for the U.S. and its trading partners of existing agreements.

The 11 signers, in addition to embracing standards that will promote economic growth in their own countries in the long run also sought originally to enhance America’s role and leadership in the Asian Pacific area (i.e., as a counterbalance to the rising strength of China). With or without the U.S. more countries are expected to join the CPTPP after the governments of the current 11 have ratified it. At the top of this list are Taiwan, Thailand, South Korea, the Philippines, and Sri Lanka.

President Trump has chosen to retreat from American leadership in setting and helping to oversee the rules of international cooperation and trade. It seems unlikely that Wilbur Ross and Peter Navarro will give up their fixation on protecting a hand full of inefficient, uncompetitive American industries, so Congress should take back its constitutionally given authority over trade policy delegated to the President in the Trade Act of 1974. https://fas.org/sgp/crs/misc/R44707.pdf

China’s misbehavior can be better addressed using the rules and provision of the WTO in ways that would strengthen the rule based international order rather than weakening it as Trump is now doing with the use of the national security provision. If China is selling its aluminum below cost, i.e., dumping it, we should impose a tariff on China under WTO rules against dumping. The use of the national security provision of the WTO is laughable on the face of it and would weaken rather than strengthen the rule of law in the trade area.

Econ 101—Trade in very simple terms

Trade allows people and firms to specialize in what they produce. This enables them to be more productive. This raises the income (standard of living) of both the seller and the buyer (who must also sell something in order to buy something)—i.e. both the exporter and importer. https://wcoats.blog/2017/09/15/a-basic-human-right/  https://wcoats.blog/2016/12/22/save-trade/

So what does Trump’s steel and aluminum tariff do?

The American economy is now fully employed (ok, maybe some of those who left the labor market in recent years, not all of whom are old, can be coaxed to return). Thus if high tariffs on steel and aluminum make previously non competitive and inefficient American steel and aluminum producers competitive again, where will the workers come from to do that work? They must be attracted away from what ever they are producing now—lets call it good A. So we will produce less of good A, which was competitive without taxpayer subsidies or regulatory favoritism, in order to produce more steel and aluminum, which was not competitive before given tariff protection. Add it up and our overall income goes down. The economy over all will be less efficient, less productive, and our overall incomes and standard of living will be reduced.

This reallocation of our resources from more productive to less productive products will make owners of steel and aluminum companies and property owners around closed foundries happy. Trump-may-prosper-from-tariffs-even-if-this-faded-port-town-doesnt/2018/03/02/. But what about those who buy steel and aluminum made more expensive by the tariffs? What about Boeing and other aircraft manufacturers who are the fourth largest American exporters, whose products will now be more expensive and less competitive with Airbus, etc.? When steel tariffs were imposed in the year 2002, 200,000 Americans in steel using industries lost their jobs. That is more than the total of around 150,000 workers in the steel industry! “If-the-US-steel-industry-employs-150000-people-then-how-can-imports-threaten-500,000-jobs?”

Subsidizing inefficient industries with tariffs hurts consumers, who will have to pay the higher prices of aluminum beer cans, etc., as well as exporters like Boeing. We will all (except steel and aluminum producers) pay the cost of this increased inefficiency. Commerce secretary Wilbur Ross thinks we should just get over these modest increases in the costs of our purchase of goods that include steel and aluminum for the greater good of American steel and aluminum producers and the 150,000 people who work for them. In case there are children listening I am withholding what I would like to say to Mr. Ross.

Only 2.2% of our steel and aluminum imports come from China while Canada (hardly a security threat to the U.S.) provides 16.1% of our imports of these products: https://www.washingtonpost.com/world/the_americas/canada-top-exporter-of-steel-and-aluminum-to-us-flabbergasted-by-trumps-tariff-proposals/2018/03/02/7c906c2a-1e22-11e8-98f5-ceecfa8741b6_story.html?undefined=&utm_term=.294884487749&wpisrc=nl_headlines&wpmm=1. The rest of the world will not roll over and play dead. The EU is already preparing counter measures to punish American exporters to Europe. “EU-vows-to-hit-back-against-trump-in-trade-war”

Following the end of WWII the world, lead by the U.S., has built up mechanisms for promoting fair trade (first the General Agreement on Trade and Tariffs—GATT—now called the World Trade Organization—WTO). Where countries violate these rules, and China frequently does, they should be addressed via the WTO. American interests, and the world’s interests more generally, are served by strengthening the WTO not weakening it. Trump’s unilateral tariffs do not serve our interests. Not only has he persistently undermined free markets with his misplaced attack on bilateral trade deficits https://wcoats.blog/2017/07/23/the-balance-of-trade/ but he has systematically undermined the WTO and the international rule of law. Please, Mr. President, stop this nonsense before it gets even worse.

Trade wars are never good, and no one wins in the end. Instead we should be enforcing and improving the rules of trade via the WTO, which has helped lift  millions of people out of poverty and raised the standard of living of the average person.

Better Gun Control?

The nation morns the senseless murder of 17 mostly young students at Marjory Stoneman Douglas High School in Florida. Everyone would like to find ways to make such attacks less likely in the future. Though we can understand the sentiments of the surviving students demanding “never again”, we know that that is impossible, just as we know that we cannot end death on our highways. In 2016 37,461 people died in the United States in car accidents while 15,094 died from guns, of which over 60% were suicides and 383 were from mass shootings.

Many things have been done to make automobiles and roads safer (car deaths per 100,000 dropped from 26.4 in 1969 to between 10 and 11 in recent years) but no one has proposed outlawing cars. What can be done to make America safer from guns?

David Hogg, one of the student survivors of the shooting said on CBS’s Face the Nation: “We’ve seen a government shutdown, we’ve seen tax reform, but nothing to save our children’s lives,…’’ Michael Udine, a county commissioner in Broward County, stated that: “Any politician who is coming to just talk or just to give their thoughts and prayers, that’s not needed,” Udine said. “Thoughts and prayers are not good enough anymore.” “The student activists repeatedly expressed optimism and hope for constructive conversations and changes to U.S. gun laws, “ but at this point the newspapers are not reporting the specifics of what those changes in gun laws should be. “Florida-students-plea-with-congress-its-about-the-guns

“Teenage survivors of the shooting, propelled by their haunting experience, announced the creation of “March For Our Lives” and what they hope will be a huge demonstration in Washington on March 24. On its new website, the group’s mission statement says: ‘Not one more. We cannot allow one more child to be shot at school.’ The more adult Priti Kothari, a child and adolescent psychiatrist based in nearby Boca Raton, stated that “The adolescent brain is searching for meaning, and these funerals offer a way for them to ask, ‘How can I be of service?’ ” Kothari said. “How does this anger turn into something that’s productive?” “Funeral after funeral…” Washington Post. This is the serious, non-partisan question that we are all asking.

E. J. Dione, Jr., presumable an adult, stated that: “ it’s a mark of political corruption when unaccountable cliques block solutions that enjoy broad support and force their selfish interests to prevail over the common good. On gun violence, the United States has become a corrupt failed state.” Mr. Dione’s rant illustrates just who difficult it is to have a serious discussion of this issue. “On-gun-violence-we-are-a-failed-state”

Gun laws must respect the second amendment of our constitution and should actually contribute to reducing gun violence. Thus we should start by examining the evidence on what actually has or might work to reduce gun violence.

Serious studies of the effectiveness of popular control measure have found little evidence that they would or have helped. “Gun-control-solutions-supported-by-experts”. Dan Mitchell has provided a series of articles summarizing some of these studies under the title “another honest liberal debunks gun control.” “Now-there-are-four-another-honest-liberal-debunks-gun-control”

Dan’s most recent in that series (linked above) quotes passages from Leah Libresco’s must-read column in the Washington Post.

“Before I started researching gun deaths, gun-control policy used to frustrate me. I wished the National Rifle Association would stop blocking common-sense gun-control reforms such as banning assault weapons, restricting silencers, shrinking magazine sizes and all the other measures that could make guns less deadly….

My colleagues and I at FiveThirtyEight spent three months analyzing all 33,000 lives ended by guns each year in the United States, and I wound up frustrated in a whole new way. We looked at what interventions might have saved those people, and the case for the policies I’d lobbied for crumbled when I examined the evidence.” “A-cure-for-mass-shootings-doesn’t-exist”

Part of the problem is that most of us don’t understand what differences between weapons are important and what are not. The term “assault weapon” is a meaningless one invented by gun control advocates. There is no coherent definition of such a weapon. The AR-15 used in Florida by Nikolas Cruz is a semi-automatic rifle (it shots one bullet every time you pull the trigger) with pretty much the same fire capacity as most any other hunting rifle. “An-assault-weapon-ban-won’t-stop-mass-shootings”

Maybe more stringent background checks of those wanting to buy guns would reduce the number of dangerous people getting them? Maybe, but will enforcement be rigorous enough? The FBI failed to follow up on trouble signs reported to it about Nikolas Cruz. The Florida mass shooter passed his background check. A waiting period would have made no difference as he bought his AR-15 semiautomatic rifle a year before his attack. “Florida-shooter-Nikolas-Cruz-bought-AR-15-legally” However, most gun deaths in the U.S. are suicides and restricting ownership is correlated with fewer suicides.

It also doesn’t help when politicians lie about the facts. The Washington Post’s fact checker gave Sen. Bernie Sanders four Pinocchios for repeating the lie that because guns can be sold at gun shows without background checks (not true) “Forty percent of the guns in this country are sold without any background checks.” “Though Sanders referred to the “gun show loophole,” not a single person surveyed said they obtained a weapon at a gun show without a background check.” “Bernie-sanders-resurrects-a-zombie-claim-on-gun-sales-without-background-checks” Nor is it true as claimed by former President Obama after the November 27, 2015 Planned Parenthood attack that the U.S. has the worst record of mass shootings. Obama claimed:  “I say this every time we’ve got one of these mass shootings: This just doesn’t happen in other countries.” The ten countries with a significantly worse record than the U.S. include Norway, France, Switzerland, Belgium, and Finland. “Comparing-death-rates-from-mass-public-shootings-in-the-us-and-europe”

If none of the restrictions on gun ownership or the types of guns that may be owned have demonstrated effectiveness in reducing gun deaths, especially mass shootings, what can be done that might be more effective? As with medical doctors, the first principle should be DO NO HARM.

One proposition, explored by Jeff Goldberg in the Dec. 2012 issue of The Atlantic, is to encourage a better-armed public to counter shooters. “Today, the number of concealed-carry permits is the highest it’s ever been, at 8 million, and the homicide rate is the lowest it’s been in four decades—less than half what it was 20 years ago.

“It is also illogical for campuses to advertise themselves as “gun-free.” Someone bent on murder is not usually dissuaded by posted anti-gun regulations. Quite the opposite—publicly describing your property as gun-free is analogous to posting a notice on your front door saying your home has no burglar alarm. As it happens, the company that owns the Century 16 Cineplex in Aurora in which 12 people were killed and 70 were injured by one gunman in 2012 had declared the property a gun-free zone.” “The-case-for-more-guns”

A powerful statement was made to a congressional committee by Suzanna Gratia Hupp who watched her parents shot to death by a madman and was angry that the law in Texas had required her to leave her hand gun in her car: https://www.youtube.com/watch?v=M1u0Byq5Qis

We still do not know the specific motive of Nikolas Cruz. But he was clearly emotionally “challenged” for which he had been receiving care. It is not possible to predict when one of the millions of American suffering emotional problems of one sort or another might turn mass murderer. When someone does, the only “remedy” at that moment is to shoot back as Goldberg and Ms. Hupp argue. Dan Mitchell has an excellent discussion and another real life example of this point. “Law-abiding-texans-gun-ownership-and-saving-lives”

What besides self-defense (confronting shooters with a gun) might be done that might offer some prospect of effectiveness?

David French in National Review presents the case for Gun Violence Restraining Orders (GVRO) that can be sought by members of the family or those close to the targeted individual on the bases of evidence (seeing or hearing something). “As with Felons, the dangerously mentally ill, perpetrators of domestic violence — these people have not only demonstrated their unfitness to own a weapon, they’ve been granted due process to contest the charges or claims against them. There is no arbitrary state action. There is no collective punishment. There is, rather, an individual, constitutional state process….” “Gun-control-republicans-consider-GVRO”

Another measure that builds on the same legal foundation of due process has been introduced by Republican Senator Jeff Flack and Democratic Senator Martin Heinrich. The bill would ensure that anyone convicted of domestic violence in military court couldn’t legally purchase a firearm, thus matching the existing prohibition for anyone so convicted in a civil court. “Flake-heinrich-introduce-bill-to-permanently-close-gun-loophole-used-by-texas-shooter” If neither of these measure make much of a positive contribution to reducing gun violence, at least they DO NO HARM.

Those who grow up in gun homes normally are taught to respect and use guns carefully. But are there other messages that might go in the other direction that we should be concerned about?

Mass shootings by young adults or children have a quite remarkable common theme that began appearing in the late 1980’s.  Children shooting other children began to increase and it was almost always in the head. Columbine was the first schoolyard mass shooting.  Almost all of the victims were shot in the head.  Shootings by children at schools or anywhere else were exceedingly rare until the introduction of first-person shooter video games. “Video-games-desensitize-to-real-violence”

The above and subsequent studies argued that the first person shooter video games greatly desensitized the player to violence.  While that, in and of itself is a problem, the effect is more profound on those with a spectrum of mental disorders. The impact is especially profound in those children with disassociative disorders as they are mentally able to disconnect their actions from the consequences.

The same studies on what creates or nurtures addictive behavior are being used by the scientists behind game makers to create just such experiences in video games.  Those with some forms of mental disorders, such as disassociative disorders, can lose themselves in a video gaming world.

It is note worthy that in most first person shooter video games you earn the most points with headshots. As we all know guns do not cause violence – people do.  And creating games that foster and nurture violent dissociative behavior in people and especially children can have real, quite undesirable consequences. Parents beware.

In many respects our problem with mass murderers is similar to our problem with highway deaths. It is not practical to ban cars any more than to ban guns for both legal and practical reasons. We are left looking for practical ways to diminish or mitigate the risks without throwing out the baby with the bath water. “Yes-this-is-a-good-time-to-talk-about-gun violence”

Immigrants from Hell

What immigration policies best serve the national interests of the United States?

Every country on the face of the earth has citizens whose intelligence, enterprise, and moral character range from 0 to 10. In poorly governed countries, we might call them “hell hole” countries, their best and brightest (the 8, 9, and 10s) often immigrate to more promising environments. The United States, with our constitution of liberty, has attracted a disproportionally large number of them. This is a dominant factor in the economic success of America and our spirit of individualism and enterprise. https://wcoats.blog/2010/06/10/a-nation-of-immigrants/

Just as individuals and companies compete in the market place to maximize the reward for their efforts (those who serve the public best, profit the most), so do the countries of which they are a part. When and if individuals and companies are given the chance to protect themselves from and restrict such competition they generally take it. Free (i.e. competitive) markets rarely offer such opportunities but governments often do. Governments claim to restrict competition to protect consumers or protect jobs from cheap foreign labor, etc. But more often than not government measures to interfere in the market are the result of political pressure to serve and protect special interests, what most of us would call corruption. Examples of government measures to protect companies or individuals from competition include: import tariffs, teachers’ unions that protect the jobs of bad teachers, excessive product safety standards that foreign competitors as well as domestic start-ups find hard to meet, and restrictive professional licensing through which medical doctors (to name just one profession) have limited who and what medical services can be provided.

The government’s regulation of who may immigrate temporarily or permanently is another area heavily influenced by individuals and companies seeking to protect themselves from competition. Subjecting American firms and workers to competition from foreign firms and workers (either from “cheap” foreign labor making it there and exporting to us, or immigrating and making it here), promotes long run economic growth.

Immigrants don’t take existing jobs from Americans; they create new jobs needed to pay for the consumption they add to the economy. While it is true that a firm can profit more with a monopoly by charging more by supplying less, the income of the nation as a whole suffers when supply is monopolized. Thus while worker and firm monopolies (e.g. the United Auto Workers, and uncompetitive steel manufacturers protected by import tariffs on potential competitors) will increase worker and firm incomes in the short run, the country would be poorer than otherwise in the long run. If we closed the border to trade all together, the country’s income would suffer considerably in the long run.

In this note I review a few immigration issues from the perspective of what policies best serve the national interest. By national interest I generally mean policies that best promote broadly shared economic growth. The self-selection of the best and brightest from around the world to immigrate to the U.S. in our earlier history clearly helped make us the prosperous nation that we are today. Our poorest citizens live better than the average citizen in many of the world’s poorer countries.

Attract the best and the brightest. To continue our past history of attracting the best and the brightest from around the world, our immigration policy should favor admitting the most talented and those with the work skills most needed. If we do not continue to attract and admit them they will go elsewhere boosting the economic fortunes of other (competitive) countries. “Immigration-is-practically-a-free-lunch-for-America”

Of the approximately one million foreigners given permanent residency each year about 70% are extended family members of existing permanent residents. These are the parents and grandparents and aunts and uncles of existing citizens or green card holders most of whom do not intent to work and/or do not have skills relevant to our labor markets. From a given total of immigrants the extended family preference crowds out workers. If we want to promote faster economic growth, we should pull the family preference back to the nuclear family (spouse and children) and keep or increase the total number of immigrants allowed each year thus increasing those coming to work.

Attract the best and the brightest. Similarly we should replace the existing green card lottery with merit based selection criteria (i.e. with H-1B visas, which are currently limited to 85,000 per year). The green card lottery, which provides 50,000 immigrant visas per year from countries with a low number of immigrants over the preceding five years, is meant to increase the diversity of countries from which people immigrate. Such country quotas, even if immigrants from each country are accepted on merit rather than luck, diminish the average skill levels from a global total without diversified country quota. A case might be made, however, that America’s interests are served by the good will gained when citizens of a large number of countries have a better chance of immigrating to the United States.

Help those displaced. While increased worker productivity increases our standard of living, it also causes some workers to loose their old jobs and to acquire the new skills needed for the evolving work place. While some of these dislocations come from the competition of global trade, most is the result of improving technologies that increase labor productivity and from changes in consumer tastes. These costs, which fall on a few for the benefit of many, must not be minimized or ignored.

Many of us are no longer such big risk takers as were our ambitious ancestors. We prefer a bit more security at the expense of increases in income. In any event we need to provide an effective and efficient safety net for those of us whose skills are no longer appropriate in the labor market while retraining for the new jobs that replaced the old ones. Very importantly, a public – private partnership should improve the targeting of training of new entrance into the labor force for today’s and tomorrow’s needs and to better support the retraining of those already in the labor force but in no longer needed occupations. This is a reasonable price to pay by the rest of us who benefit from the raising living standards of improving productivity.

Restore the rule of law. There are 11 to 12 million illegal immigrants living in the United States. It is not in our national interest to go on ignoring the law. But it would be devastating to our economy (to the firms that employ them) and to the personal lives and welfare of these people to expel them even if we had the military/police capacity to do so. So the laws defining their status must be changed. There is almost unanimous agreement that the Dreamers (those brought into the country illegally as minors) should be given legal status (permanent residency) but less agreement about citizenship. In my opinion, all illegal immigrants who have been here for more than say five years and have not been convicted of a felony should be granted permanent legal residency. However, to become citizens they should be required to go through the same process and procedures as anyone else applying for citizenship (though from their American residence). https://wcoats.blog/2017/02/12/illegal-aliens/

Our dysfunctional Congress

Congress is failing to do its job. It sometimes overrides states’ laws when it shouldn’t. At other times it fails to exercise its authority over the Executive branch, which then exceeds its constitutional authority. For many years it has failed to build broad consensus for important public policies resulting in laws with narrow partisan support or no action at all. This rather long note examines several examples of the above.

The rule of law requires that properly adopted laws be enforced. I favor states’ rights to the maximum extent consistent with the Constitution, such as the overriding federal principle of equal protection of the law for everyone. In particular, I favor the right of each state to determine whether growing, selling and consuming marijuana is legal within that state. Federal law has made dealing with pot illegal. The conflict is untenable and the dominant jurisdiction of laws on pot should be clarified. I favor the states’ right to determine the law in this area.

With regard to national laws, I favor legalizing the residency status of immigrants brought to the United States illegally when they were children (the Dream Act) as well as broad immigration reforms. Currently there is no such law and what to do with and about the rest of those here illegally remains highly controversial.

I also (sort of) support Attorney General Session’s move to rescind the Obama Administration’s enforcement guidelines for the federal enforcement of its anti marijuana laws. “Those guidelines had finessed the state-federal conflict by saying, in effect, that federal prosecutors wouldn’t go after people who complied with state laws, but would instead concentrate on drug cartels, money laundering and other high-priority targets…. In a memo, [Session] said the federal pot statutes “reflect Congress’s determination that marijuana is a dangerous drug and that marijuana activity is a serious crime.” “Is this stuff legal? federal-position-on-pot-makes-situation-foggy-draws-pushback” However, given that resources are always limited, law enforcement agencies must prioritize their law enforcement efforts. With or without DOJ guidelines they are likely to adhere to the priorities suggested by the Obama Administration.

And I strongly support President Trump’s rescinding of Obama’s executive order halting the deportation of those who came to the U.S. illegally as children.

In this note I want to explain why I hold these seemingly contradictory views—pro legalization of pot and dreamers and pro rescinding the executive orders that accomplished each of those. More broadly I want to appeal to our dysfunctional legislative branch to shape up and do its job for the citizens and residents of this country.

Immigration Policy

The history of our immigration laws is complex reflecting compromises between interests with very different motives and objectives. It is currently a mess that does not serve the broad interests of the country very well. As Ilya Shapiro put it: “Immigration is quite possibly the most feckless part of the federal government. More than advancing bad policy, our immigration system consists of schizophrenic laws that don’t advance any particular goal.  If you tried to draw up rules for how foreigners enter a country, how long they can stay, and what they can do here, you’d be hard-pressed to come up with anything worse than our hodge-podge of conflicting regulations. This immigration non-policy serves nobody’s interest, except perhaps lawyers and bureaucrats. And yet Congress has shamelessly refused to fix it.“ President Obama’s DAPA order oversteps his Immigration Powers

The 1965 Immigration and Nationality Act expanded the annual number of permitted immigrants and extended the preference given to members of nuclear families (spouses and underage children) to extended family members (aunts and grandmothers, etc.). Extended family members now take the majority of slots allowed annually—so called chain migration. In my opinion, the preference for extended family members should be rolled back to the nuclear family and preference given to those with the skills and education demanded in the labor market. We must not lose the enormous benefits we have enjoyed from our immigrants. See: A nation of immigrants

A particularly contentious issue concerns what to do with the 11 or so million people who are here illegally, often by overstaying their visas. Deporting them would disrupt their lives as well as the enterprises that depend on their labor. But letting them stay seems unfair to those waiting patiently to enter legally. Jeb Bush and Clint Bolick provide an excellent discussion of these issues in their book: Immigration Wars: Forging an American Solution. See also my earlier blog on: Illegal-aliens.

Early on broad, across the aisle, agreement was reached to single out those who were brought into the country as minors and remain illegally, while continuing the debate about what to do with the rest. These illegal residents did not knowingly break the law on their own and many cannot even remember their earlier lives abroad.

Legislation to grant this group conditional residency leading eventually to permanent residency and maybe citizenship, which later became known as the Dream Act (Development, Relief, and Education for Alien Minors Act) was first introduced in 2001 but failed to received the required 60% in the Senate needed to avoid a filibuster. Over the succeeding years it was reintroduced, some times as part of broader immigration reforms, on a number of occasions without success. The 2011 attempt added stronger enforcement provisions against illegal alien workers by requiring employers to verify the legality of each worker in the government’s E-Verify database, the government’s Internet-based work eligibility verification system. But even with this compromise it again fell short of the 60% favorable votes needed in the Senate.

Giving up on Congress, President Obama announced on June 15, 2012 that the government would stop deporting undocumented immigrates matching the criteria covered by the failed DREAM Act. His executive order was called the Deferred Action for Childhood Arrivals (DACA) program.

A year earlier President Obama had said:  “America is a nation of laws, which means I am obligated to enforce the law…With respect to the notion that I can just suspend deportations through executive order, that’s just not the case…There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President.” (March 28, 2011)

Though I sympathize with the President’s impatience with Congress, his reversal of his earlier understanding of his executive powers is more than a stretch. In recognition of this stretch, DACA only granted temporary residency and work authorization, which would have to be reauthorized from time to time. This is not a very satisfactory solution, even if legal, which is very questionable.

On November 14, 2014 President Obama issued another executive order “offering temporary legal status to millions of illegal immigrants, along with an indefinite reprieve from deportation called the Deferred Action for Parents of Citizens and Lawful Permanent Residents (DAPA) policy.

The executive action would have two key components:

  1. “It would offer a legal reprieve to the undocumented parents of U.S. citizens and permanent residents who’ve resided in the country for at least five years. This would remove the constant threat of deportation. Many could also receive work permits.
  2. “It would expand the 2012 Deferred Action for Childhood Arrivals (DACA) program that allowed young immigrants, under 30 years old, who arrived as children to apply for a deportation deferral and who are now here legally. Immigrants older than 30 now qualify, as do more recent arrivals.

“People in both groups will have to reapply every three years.“ WashPost complete guide to Obama’s immigration-order

DAPA not only protected five million undocumented immigrants from being expelled, but also permitted them to have work permits. This order was blocked in the courts—ultimately by a divided Supreme Court. In Mr. Shapiro’s and the Cato Institute’s view, DAPA was good policy, bad law, and terrible precedent.

In September of last year the Trump administration also withdrew DACA. In making the announcement to rescind DACA Attorney General Jeff Sessions said:  ‘The program, called Deferred Action for Childhood Arrivals, or DACA, put a temporary halt to the deportation of immigrants who came to the United States illegally as children and who have grown up in the country going to school or working.

“We are a people of compassion and we are a people of law. But there is nothing compassionate about the failure to enforce immigration laws,”

Homeland Security Acting Secretary Elaine Duke said the decision was not taken lightly, but was an attempt to reconcile the program with existing law.

“As a result of recent litigation, we were faced with two options: wind the program down in an orderly fashion that protects beneficiaries in the near-term while working with Congress to pass legislation; or allow the judiciary to potentially shut the program down completely and immediately,” Duke said in a statement. “We chose the least disruptive option.”

The Trump administration said no current beneficiaries would be impacted before March 5, 2018, giving Congress time to act.” Session terminates Obama’s immigration executive order

In my opinion Trump/Sessions did the right thing in terms of the law and of the desirability of finding a more permanent determination of the status of DREAMers, which can only be provided by Congress. Now it is Congress’ turn to finally fix this.

While they are at it (but without holding up the Dream Act) they should fix as much of the immigration mess as possible. For example, the Immigration Act of 1990 allows the Attorney General to provide temporary protected status (TPS) to immigrants in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions in their home country. This authority was transferred to the Department of Homeland Security last October.

The TPS program currently covers about 300,000 people from ten countries, namely El Salvador, Haiti, Honduras, Liberia, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen. The DHS recently announced the termination of TPS status for about 2,500 immigrants from Nicaragua and 45,000 Haitians and most recently 200,000 Salvadorians. They will all have about two years to find a new status or pack up and leave. Most of them have been here since devastating earthquakes struck Central America in 2001. Some 192,000 U.S.-born children, who are therefore U.S. citizens, have at least one Salvadoran parent who holds TPS. In my opinion, children born in the U.S. to nonpermanent residents should not automatically receive citizenship. But a compassionate and realistic treatment of TPS residents requires ignoring existing laws. The rule of law requires that laws be enforced. But then we need to be sure that we only have laws we want enforced. This is a dilemma with an obvious solution, which has not been easy to achieve.

Marijuana and States’ Rights

In the case of the legalizing marijuana, the issue is the rights of state versus federal law. Racial discrimination allowed and/or promoted by some state laws in the past tarnished the image of states’ rights. The constitution (XIV Amendment) and related federal laws appropriately deal with such discrimination in the market place, though the poison in some hearts remains a problem that only education and public debate and good will can address. States should be given the maximum latitude possible to regulate their own affairs. Bad ideas and approaches will be exposed through their experience and good ones demonstrated and copied by other states. Congress should rescind any laws that label marijuana a dangerous or restricted substance.

I support shifting more responsibility to the states for fashioning the details of medicaid within each state.

War powers and the eternal war on terror

In other instances Congress has given away powers that should only belong to it. We should not fight abroad unless Congress approves it. Yet at the moment the U.S. military is involved directly or indirectly in our “Global war on Terror” in 76 countries largely without explicit congressional approval. “Seeing_our_wars_for_the_first_time”.

Congress has not declared war since World War II. It has authorized military engagements on a number of occasions since then without actually declaring war on anyone. The Korean War was dubbed a police action and undertaken under a UN Security Council Resolution. The Vietnam and related wars were fought under the authorization of the Gulf of Tonkin Resolution of Aug 7, 1964. The Persian Gulf War with Iraq (remember that) was authorized by the UN and by our Congress in the Authorization for Use of Military Force Against Iraq Resolution of January 12, 1991.

Three days after the 9/11 attach on New York and Washington DC, Congress enacted the Authorization for Use of Military Force (AUMF). The law provided that: That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

The law was passed one vote short of unanimously. “The lone dissenter, Representative Barbara Lee, warned that the resolution gave a “blank check to the president to attack anyone involved in the Sept. 11 events — anywhere, in any country, without regard to our nation’s long-term foreign policy, economic and national security interests, and without time limit.” Rome’s empire without end and the endless U.S. war on terror. This law provides the continuing authority under which the U.S. and a few other countries attacked and still fight in Afghanistan as well as in Yemen, Somalia, Philippines, Pakistan, Libya, Iraq, and Syria.

President George W Bush signed the Authorization for Use of Military Force Against Iraq Resolution on Oct 16, 2003.

Individual liberty takes second place to security in times of war. But we now live in an era of permanent war and we are not escaping its price.

“The Committee for Responsible Foreign Policy – a bipartisan initiative designed to advocate for more oversight of U.S. military intervention abroad – commissioned research on U.S. citizens’ positions on war intervention. The coalition announced [recently] that the results prove a majority of Americans are mostly skeptical of the benefits of military intervention overseas and military aid in the form of funds or equipment…. The research showed that 67.4% of American voters disapprove of Congressional leadership allowing our involvement in conflict overseas without formally approving military action – or even allowing a debate.” http://responsibleforeignpolicy.org  “A November poll from J. Wallin Opinion Research showed the vast majority of Americans, over 70%, want Congress to impose at least some specific limits on overseas conflicts and exercise more direct oversight.” “Yemen-proves-US-needs-get-handle-war-making-powers”

Our polarized Congress

In the latest Gallup poll (Dec 4-11, 2017) 78% of those responding “disapproved of the way Congress was handling its job.” Congress’ failure to build broad inter party consensus on important public issues such as immigration, medical care and insurance, taxation, use of our military, marijuana and states rights more generally, has led the executive branch to over reach its proper authority, state and federal law to conflict as the Federal government extends its reach, the failure of Congress to resolve dysfunctional laws such as immigration, and the failure of Congress to agree on budget priorities that would arrest the upward march of our national indebtedness.

There are many reasons for Congress’ dysfunction and the deepening division of public attitudes toward our government and fellow citizens. The gerrymandering of congressional districts into safe Republican and safe Democratic districts has encouraged the selection in primary elections of each party’s more extreme candidates. I place considerable fault on the extent to which government has grown and dictates more and more aspects of our lives. This forces us to take public positions on one side or the other of issues that we used to be able to deal with (or ignore) privately allowing a more live and let live environment. Our sources of news have also become more siloed making it more difficult to confront all of the pros and cons of public policy issues.

What can we do? To name but a few ideas, we should each strive to restore civil public discussion. We should each commit to regularly consulting at least two sources of news from reputable sources coming from different sides of each debate. For example, I read the Washington Post and the Wall Street Journal every day. We must open our ears and minds and listen to what others say. Check out the following from what I bet is a different (and I think refreshing) side of the sexual harassment issue: “Catherine Deneuve denounces #metoo”. I will do my best to convince you that a more limited government will promote greater social harmony, individual freedom, and economic prosperity. And I will demand (if the courts don’t do it first) that my crazy congressional district (Maryland’s 6th congressional district—look it up and be amazed) be redrawn more sensibly. Even-a-gerrymandering-ban-cant-keep-politicians-from-trying-to-shape-their-districts

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.