Wednesday, August 20, 2014

Springsteen meets Romney, both lose!

        A popular Far Rightist  (FR) chain e-mail making the rounds these days is built around what seems to be the current model for  backhanding President Obama  by impugning his patriotism.
It goes like this: the e-mail shows impeccably maintained and impressive US military cemeteries in several European nations with a heading "Our European Arrogance" in alphabetical order and then, after scrolling all the photos ends  with:


                            "Apologize to no one.
Remind those of our sacrifice and don't confuse arrogance with leadership. The count is 104,366 dead, brave Americans.
And we have to watch an American elected leader who
Apologizes to Europe and the  Middle East that our country is "arrogant"!
HOW MANY FRENCH, DUTCH, ITALIANS, BELGIANS AND BRITS ARE BURIED ON OUR SOIL... AFTER DEFENDING US AGAINST OUR ENEMIES? 
 WE DON'T ASK FOR PRAISE...BUT WE HAVE ABSOULUTELY (sic) NO NEED TO APOLOGIZE! " (ed note: using all caps shows that not only are you politically illiterate, but also syntactically challenged)
 Americans, forward it! Non-patriotic, delete it!
Most of the protected don't understand it.
DO THINK ABOUT THIS.  THANK YOU.  " 

     Well, I thought about it and.....As usual, this demonstrates absolutely no sense of proportion or history. Let's begin with the French soldiers who died in the American War for Independence. Unlike American  soldiers in Europe, who were actually entering WWII because Germany declared war on the US immediately after Pearl Harbor, , French troops from 1776-1783 bled and died in a war that had little consequence for them. In fact, it was Rochambeau's French army and Comte de Grasse's French Fleet which was primarily  responsible for Cornwallis' defeat at Yorktown.

     In total, The casualties resulting from French land and naval actions after France signed the treaty of alliance with the United States in 1778 amounted to  well over 7,000 dead and over 8,000 wounded in battle or permanently incapacitated by illness. Where is the French military cemetery in America?  How do we in America honor the sacrifice of the estimated 7000 dead French soldiers and unknown number of French seaman of the war?  In fact, comparing  all American ETO casualties in WWII with  French casualties during the American Revolution as percentages of the populations of the countries at the time, 3.4 times as many French died defending our attempts at freedom  as Americans died in all of Europe!   There is no military cemetery in America commemorating any of this.   Don't waste time looking.

      Of course, when France (today) disagrees with foreign policy as dictated by the USA, we call them arrogant, we rename fried potatoes Freedom Fries, etc. We do this all in the name of some  sort of  hyper  patriotism, usually most vociferously thrust in our face by those who have served little if at all. Ted Nugent, admitted draft dodger,  would understand perfectly, so would Dick Cheyney and Karl Rove,  but it truly troubles me that many who forward this mental junk mail just don't see through the sham.

     Of course the French are arrogant and touchy, so would anyone  be who is constantly reminded of a "debt" which they cannot repay. The United States, on the other hand, has been equally or more arrogant in expecting all of Europe and some of the Middle East  to slave their foreign policies to ours in pursuance of our goals, not necessarily theirs.  We have, for almost 70 years, used some their soils as forward bases, initially as a bulwark against Communism, dead now of  its own economic inadequacy, and now as, I suppose, one of the perks of  being the superpower that we are. 

     There has been sufficient snotty chauvinism and xenophobic rhetoric on both sides. The difference seems to be that we in America glory in remembering and reminding Europeans about the events of 70 years ago while most Europeans, on whose soil WWII was fought and on whose war torn soil more than 25 million civilians died , have striven to forget it and move on.  It seems to me that the more the world situation deteriorates  with terrorism and its accompanying  uncertainties, the more we invoke our inner Springsteen and revert to singing of  "Glory Days."  Today's political hacks and sycophants seem almost to be  desperately clinging to the image of, as Tom Brokaw aptly dubbed it, "The Greatest Generation," whose exploits are not reproducible in the modern world.  

     In this angst ridden, pseudo-patriotic fog "filled with sound and fury, and signifying nothing" (thanks, Shakespeare),  of course the FR (remember them?) target the sitting President, and truth told, if he apologized (which, for the record he didn't), some of it (apology) might have been appropriate. 

     Here for the record is the Mitt Romney quote which has inspired this latest drivel aimed at President Obama":    "Several times, Obama "has apologized for what he deems to be American arrogance, dismissiveness, and derision; for dictating solutions, for acting unilaterally ...  ."

     Without going into detail, Politifact, the premier conservative fact checker evaluated Romney's comments as "False,"  and added: "If you think American presidents should never admit to any sort of error at any time, you might find yourself in philosophical agreement with Romney's criticisms. We set out to discover whether Obama really had apologized in his speeches, and what he was apologizing for. But in our review of his words, we came up short. Yes, there is criticism in some of his speeches, but it's typically leavened by praise for the United States and its ideals, and often he mentions other countries and how they have erred as well. There's not a  sincere apology in the bunch. And so we rate Romney's statement False."  As a side note they also discussed several Bush full on apologies that FR's make no mention of, including one to Saudi King Abdullah , one in Senegal regarding slavery, also commented upon were several Clinton apologies.
Apparently only President Obama is held to the standard  Romney cites, and that's not truly surprising.  

      John Murphy,  communications professor at the University of Illinois at Urbana-Champaign, studies presidential rhetoric and political language. He said Obama is using conciliatory language for diplomatic purposes, not apologizing. "Romney's criticisms of Obama are part of a conservative tradition that emphasizes steadfastness in foreign policy, particularly in the wake of the Vietnam War." There's long been a strain of conservative rhetoric that argues that what matters most for the United States in the world is our will," Murphy said. "The difficulty with that was shown in the second Bush administration, when will power is not quite enough. In Iraq, for example, you have to have a battle plan that makes sense and understand the situation you're going into'' and have enough resources to do that."  apparently, Romney still hasn't noticed that the game, the players and the field have all changed drastically since 9/11.  


     So, yet again, in the finest Faux News and Far Rightist tradition of  "making shit up," we have another slap at the President, having little no basis in fact which is really rooted in far deeper and uglier biases. Of course there is solace to be found, and that is that these imbeciles are ridiculously easy to call out and their hatred and political poison so easy to debunk. 

Saturday, August 16, 2014

When in Ferguson.......

     Really torn about the goings on in Ferguson, Mo. It would be easier to sympathize with demonstrators if their demonstrations didn't, so frequently, spawn gangs of looters. Spare me the "economically disadvantaged.... etc! Looting is simply another word for stealing, which is taking something that belongs to someone else, which in Ferguson is at the root of the entire issue. In the absence of dash cam video, there are only two persons who can attest to exactly what happened, and they tell pretty much diametrically opposite stories.

     From personal experience as the sole white member of a six piece band in Baltimore in the early 1960s, there is one very valuable life lesson I learned. Even if you are blameless and law abiding (we were),  when confronted by someone with a badge, nightstick and gun, keep your hands in sight and do as you're told.

     Without doubt, there are law enforcement persons who shouldn't be cops, most of them are screened out before they get that far (George Zimmerman?).  Some however, make life miserable for their force and their "victims" by exorcizing their personal demons against those who happen to cross their path at the wrong time. While time generally winnows these bad apples from the force, some stay too long. Unlike those in Ferguson who know exactly as much (very little) as I in Florida know, which is essentially everybody except one witness and the policeman, I am wise enough to believe that neither side of this story is categorically true.

    An additional problem here, as in Sanford, Florida in the Zimmerman-Martin case , is that further investigation shows that poor behavior on both sides elevated what should have been a non-violent situation into a fatal incident. While it is certainly true in the Trayvon Martin case that Zimmerman was an over eager, frustrated cop wannabee with a weapon he had been advised not to carry and pursuing after being told not to, that alone didn't cause Martin's death.  Trayvon Martin died because he  acted aggressively in a situation where such actions were ill advised.

     Arguably, the same might be said of the situation in Ferguson. Regardless of whether the policeman who shot the young man knew or didn't know that he was confronting a guy who had recently strong arm robbed a cigar store, the fact remains that the young man knew it. This was more than likely a factor in how he responded to the policeman, regardless of the cop's reason for confronting him. If Michael Brown, who up to now has been held up as a model kid, headed for college, really was a strong arm thief,  as security cam footage seems to make apparent,  his judgment in other things comes into question. If Darren Wilson, the cop, is a racist and overly aggressive to boot, that creates an almost perfect storm of crossed purposes. The same poor judgment which allowed  Brown to rationalize the cigar theft  may well have led to his death.

     Referring back to my earlier thesis: When confronted by a person with a badge, nightstick and gun, do as he says.  He may be wrong, he may be a bigot, he may be trampling all over your civil rights, but in that moment isn't the time to be right, if being right means being shot to death.  I drive a golf cart in our community. There are times when drivers in cars cut me off even though I have the right of way. Common sense tells me to be watchful, even expect them to do so but, first and foremost, that I can be right and be dead or I can yield and live to address such iniquities in another way.  

    In this, as in many of these lamentable instances, supporters tend to portray the antagonists as saints. Being authorized  a gun and badge should be accompanied by a  sense of restraint,  fairness and most important of all, respect for procedures. It would seem that this didn't happen in Ferguson.  Realizing that, as a guy who just robbed a store, whether or not the officer knows it, one would hope that a mature person would have the sense to realize that he was in the wrong, and not attempt to exacerbate the situation.  


      If wrong has been done in Ferguson, as it surely has been, (because death by firearm other than in self defense in fear for one's life is wrong by definition)  then at this point it is a civil/legal matter. "Civil" has been absent from all discussions to this point.  Those who call for the blood of the police are as misguided as the cop who shot an unarmed teenager.  We decry tribal blood feuds elsewhere, yet this seems to me to have some of those aspects.  Poor judgment on both sides led to the current mess. Parents are grieving and persons not involved have fanned the flames, making a bad situation worse. 

    My standard answer in these situations when someone asks "How could it be worse?" is  "Al Sharpton or the Westboro Baptist "Church" could show up!" It is a character flaw of our society that allows opportunistic windbags like Al Sharpton, Rush Limbaugh, Keith Boykin, Sean  Hannity, and others to exploit tragedies like this in furtherance of their own agendas. Rarely if ever do their comments serve any useful purpose, rather they serve to further polarize our society. It would seem that neither antagonist in this current crisis was as morally correct or sensible as the situation required. Unfortunately for the one, the other had a badge and a gun. Race may have been a factor, but all the necessary factors were already there, regardless of ethnicity. Leave it up to media and sycophants to hype the racial aspect, leave it up to opportunistic looters to make their verbal garbage  smell like reason.    

Wednesday, August 13, 2014

Response to another e-mail

What follows is a response to an e-mail sent by a dear friend who does so to "wind me up" It usually works, and I take keyboard in hand accordingly, in this case the e-mail was a series of pictures with questions attached, I''ll post them and my responses.  
If this e-mail is seen as an example an example of
"liberal logic"  whatever that is, then it truly shows the depths of ignorance of the producers.








Start with #1:  So? why is personal choice affecting no other living human on earth such a concern? Oh, and let this child be born  and the Far Rightists (FRs) couldn't give a shit less what happens to them after that, it can starve, so what, if it commits certain crimes it's now OK to kill it. And the picture shows a fairly mature fetus, by the way, another example of bending the truth to suit preconceived ends.











2. Most "liberals" would prefer she be born. Most liberals would also think it's not their business to dictate. Humans are not endangered, by the way, there are lots of us; too many in some places, which is the real issue with the eggs. Again, illogic and bloviation.


3. The gays kissing is encouraged where? by whom? The issue is not and never has been (except in the recess of the conservative mean spirited heart) "encouragement" of such behavior (public displays of affection), but rather non-persecution of those who do it. I have seen heterosexual Public displays of Affection which make this seem tame. Again, the huge lie: Gays (women, atheists) want an "edge"-no, just equal rights. Why that bothers anyone escapes me.  School prayer by the way has never been ruled "unacceptable" (lie of the Right #347). Your telling my child that they must pray, or pray your prayer, or listen while others do (peer pressure?) on the other hand has been ruled (correctly in my opinion and upheld numerous times) as your forcing your religious values on me. I assume you'd also be in favor of mandated circumcision reversal for Jews?


4. Of the 3 empty boxes, none has historically been relegated to second class citizen status as were Blacks. No other has been classed as not even eligible for citizenship (see Dred Scott vs Sanford)  None still faces the same degree of bias in society either. Last I checked, unless you're Joseph McCarthy, freedom of association and assembly is still allowed (nay, specified) in America. Why does it bother anyone should be the question, shouldn't it?


5. Start with the Bible never being mentioned in school. Hogwash, pure and simple fiction. Not true, never been true. Science (climate change) and social reality ("two mommies")  should be no more or less available for analysis. Teaching based on the Bible is another issue. Unless of course you want your child to learn about genocide in the name of God. , arcane dietary laws you're breaking by feeding them ribs, how to enslave your daughters, mass murder , etc. If you substituted the Koran, Baghavad Ghita or Ramayana for the Bible here, Far rightists would totally agree.
   
  So it isn't scripture they're worried about, it's "their" version. why should a Muslim child have to sit through Bible study (it's mostly fiction) vice Koran studies (also mostly fiction) instead of Buddhist philosophy (reality based and far more humane) ? Obviously the answer is to keep religion personal and private in groups of like believers. Why is this problematic?  I'll address this in summary.


6. I heard essentially nothing regarding Romney's Mormon faith of a negative nature during the campaign, but I'm sure it killed Palin and Bachmann not to mention it, so I'm not sure where this comes from. Liberals don't tend to be the "guilt by association" fanatics that far rightists are. If you think Jeremiah Wright is militant, so do I. I also doubt that much of what he said had any more real influence on President Obama than did Billy Graham, that publicity seeking whore (according to some his former seminary colleagues) on Nixon. Graham frequently visited the White House, did Nixon seem to have espoused his "Christian values?"  Might this be another good reason to leave religion in private? I'm just sayin'.


7. The story here is in the bottom line "Guess which one liberals think is typical of Black people?"  Most sentient persons I know don't stereotype based on race, as apparently whoever wrote this drivel does.  Martin's death was a disaster. So is the asshole who shot him after directly disobeying the police and following him with a gun, which he had also been told not to carry.  I really can't answer the question, because I don't judge people like that, if I did, I might think all Far Rightists are assholes (but I don't). The difference here is that I truly can't tell from the question what the author thinks the answer is, but I'm sure he has an idea!



8. So nothing from his past is relevant?  not his birthplace,  his name, his alleged Islamic faith? This is reversed from reality. The relevant issues from both men's past are their performance in previous endeavors, both stellar. Of course one had to work for it and the other had it given to him. Both men are honorable, moral family men. Unfortunately,  Far Rightists only treat one of them that way. So who's biased and reactionary?


9. NPR has never acted as the mouthpiece for an administration or a party, unless you count Big Bird's obvious  Asian roots (he is "yellow" ya know, just like Tinky Winky was purple.) The McNeil Lehrer report was the most straightforward news program  that probably ever aired in the US. Sadly, most FRs  never listened and bought the hype from Faux NonNews instead.  NPR's status as favorite media target of the FRs amazes me, and I'm sure kids who watched Morgan Freeman on Sesame Street and learned their letters from him are now deeply in therapy trying to heal the scars of liberalism. Really? Puhleeze. If you don't want to pay taxes, move to .....oh wait, every nation has taxes, most civilized ones far more than we do.

10. Barack Obama vs Dan Quayle. Where to start? Experience as senator or representative? OK , by that measure Sarah Palin, that darling of Wasilla AK, should be scrubbing floors, as she has no experience. Lincoln - one term Representative - unqualified. But how about the recent ones? Ok, consider the following areas of elected/appointed public service:    active-duty military service;  a role as a state executive (governor, lieutenant governor, or state attorney general);  serving as a mayor;  serving in a state legislature;  serving in the U.S. Congress; serving  a presidential Cabinet or in a cabinet-level position (H.W. Bush led the CIA, for example); and  serving as either president or vice president.

The least qualified with four years as a Governor is Mitt Romney! Second least qualified at eight years is George W. Bush. Third least qualified is  at 12 years experience are Reagan,  Bush(after one term as Pres), and McCain. Obama had 12 years as candidate in 2008. Aren't facts fun? Don't you feel foolish? Oh, but I forgot, the race was Quayle vs Obama, so by the criteria ,(established by you, remember?) Quayle was better than Reagan, Bush, McCain and Romney. Really?

OK, so let's look elsewhere - education,  intelligence and work experience. Obama- scholarship student, Columbia grad, edited Harvard Law School journal, instructor,  U.of Chicago Law School 12 years,  3 term Illinois State legislator, 4 years, US Senate.  All, of course, without family wealth.   
Quayle: C student at Depauw (never worked, family wealthy), entered Indiana U. law School on an equal opportunity scholarship after being initially rejected due to inadequate grades. Took bar exam three times before passing. backed by family money and name, elected to US house, three terms, Senate in 1980, all while never learning to correctly spell potato.
My point here- clearly the idiot who produced this series of photos has suffered a massive recto-cranial inversion!


11. The oil question is just plain stupid. Oil taxes by federal govt. have remained steady since 1996, while prices have fluctated all around. This actually adjusted for inflation amounts to a significant decrease. This has no point, since oil companies don't have to build roads and infrastructure. Let's look at it another way. Clearly FRs  like low tax, so those states with FR or Republican control should have lowest taxes on gas, right? It turns out that gasoline taxes by state are all over the place, not identifiable by partisan means. It is true however, that most states take more per gallon than the Fed. Florida (hard wired Republican ) takes almost twice as much in gas tax as do the feds. Only nine states take a bigger bite out of your gasoline cost than Florida does. 

Don't want to pay your fair share? Go to France, then, where taxes are 56% of the cost  per gallon. And puhleeeze don't tell me you really feel sorry for the oil industry, because that "profit per gallon" figure omits the true profit once tax advantages are calculated. The facts:   in 2011, the big five oil companies made $133 billion in profits, the Federal government 's tax share generated $24 billion to the highway trust fund. Remember, this is a resource under the ground we all live on.


12.  Needs no explanation every woman has those rights, and she also has the right to reject any or all of them, but not for FRs, many of whose female leaders do some or all of those things while criticizing others. Can you say Phyllis Schlafly? Of course she did have the good sense to reject her gay  son when he came out to her. I mean, what mom wouldn't? A secondary interest is that the woman shown has no makeup, lipstick, nuthin'. apparently attempting to make her seem clean cut, down to earth, homey, etc. My problem is that almost all the Republican woman candidates I've  seen (Bachmann, Palin, etc. are "tarted up" like Tammy Faye Baker on Saturday night at the poolroom! 

Summary: In all these "comparison" picture sets there is the constant underlying theme that seems to separate the far rightists from the rest of us, and that is the apparent  self assurance that  the rest of us should simply "accept what we're told because they're smarter."  Accompanying this is a sense of moral superiority. This stems not only from a strong sense of spiritual goodness, but also from the Xenophobic  smugness that their (FR's) moral guidepost is the only one that should be allowed.

The Far Rightist manifesto goes something like this:

"It's not sufficient simply for me to live by my standards, but it's essential for the general welfare that you do too. Your spirituality, no matter of  how it guides your moral behavior is inferior to mine  because it's different.  There is no belief system that you may have, if it isn't like mine, that we should allow in public venues, but you should be forced to observe , listen to, and have your children influenced by mine."
"No behavior of which I don't approve, for whatever reason, should be allowed to others, even if they don't agree with me. I get to decide which Science is good and which is bad, I get to force my superstitions, biases and  emotional scars upon you. Because I believe that some book or scroll, has some supernatural portent for my life, you must share in the illusion."
"And over the years, based on the above belief set, I,  and those like me, have burned, maimed, killed and disfigured at least a billion world  wide for the sin of disagreeing with me. Then we called it jihad or crusade, later we called it "The final solution" and even later "ethnic cleansing."  Today, in the form of the Limbaughs,  Fred Phelps's, Michelle Bachmanns, we complain that we're the ones harmed by restrictions on our actions. God has told us that Liberals, Blacks, Gays,  and,  people who value the analytical capability of that marvelous machine, the human mind, and its tools, science technology, critical thinking  and freedom of the human spirit,  are the enemy. "


How do they look in a mirror?      

Tuesday, August 12, 2014

A Brief Attempt at Explaining a Longstanding Problem

     A recent Facebook post spoke (well, I thought) to the increasing number of persons whose principal news source(s) are apparently social media.  The discussion was prompted by the vast range of opinions expressed regarding the current lamentable state of affairs in Israel/Gaza. I believe that a significant  complicating factor in creating the current murky, and to a large degree morally ambiguous, nature of such posts is a lack of historical perspective by many regarding the region.

      A second complicating factor is the belief of many that somehow the region was divinely appropriated to the current Israelis in a deal brokered somewhere around 4000 years ago between a desert nomad and a supernatural sky being. Seldom have so many died from such an obscure germ of an idea.

For American Christians of a fundamentalist bent, this has come to mean that it is our national duty as a "Christian Nation" to facilitate the solidity of the state of Israel so the sky spirit can swoop down and escort all the true believers to some paradise. Oddly enough, this is the same end that is supposed to be accomplished by all those extremist Muslims who sacrifice their corporeal selves in the process of killing any and all Jews within range of their Semtex laden vests.   Of course most of these simplistic naifs  don't recognize that Abraham's deal, including the ritual fleshy sacrifice, is as sacred to Muslims as it is to Jews.

With all that in mind, and stipulating that numerous scholarly works by real authors precede this poor effort, I shall try to provide a simplified chronology of the problems and actions of others in laying the groundwork for the current crisis.

Current Israeli claims to ownership of this relatively small area on the Mediterranean  are baseless from the standpoint of "who was here first?" The region is a cradle of civilization and one of the places which first experienced the Neolithic Revolution, sometimes referred to much more descriptively as the Agricultural Revolution. As such, the region has a long and tumultuous history as a crossroads for religion, culture, commerce, and politics.

     Palestine has been controlled by numerous different peoples, including the Ancient Egyptians, Canaanites, Philistines, , Ancient Israelites, Assyrians, Babylonians, Persians, Ancient Greeks, Romans, Byzantines, early Muslims caliphates (dynasties)  such as the Umayads, Abbasids, Seljuqs, Fatimids), European  Crusaders, later Muslims (Ayyubids, Mameluks, Ottomans), the British, the Hashemite Kingdom of Jordan (1948–1967, on the "West Bank") and Egyptian Republic (in Gaza), and modern Israelis and Palestinians. Other terms for the same area include Canaan, Zion, the Land of Israel, Southern Syria, Jund Filastin, Outremer, the Holy Land and the Southern Levant. The name "Israel" is recent and and obviously chosen to affirm to the world that this is, indeed the "promised land" referred to in Genesis in the Hebrew Torah and Christian Bibles.

     In the past this "promise' has been invoked by the ancient Hebrews to justify brutal acts against  peoples such as the residents of Jericho and Ai whose offence, apparently was being there when the Hebrews wandered out of the desert and claimed ownership. Of course the Jericho site has ruins going back as far as 6000 years before Abraham's  chat with the sky spirit, but that's just an inconvenient truth.

     Hebrews were not  the political dominant force in modern Israel  for well over 1900 years.  The Diaspora  (cultural /political/religious dispersion) began with the 6th century B.C. conquest of the ancient Kingdom of Judah by Babylon, the destruction of the First Temple (c. 586 B.C.), and the expulsion of the population, as stated in the Bible. The Babylonian ruler, Nebuchadnezzar, allowed the Jews to remain in a unified community in Babylon. Another group of Jews fled to Egypt, where they settled in the Nile delta. From 597 B.C. onwards, there were three distinct groups of Hebrews: a group in Babylon and other parts of the Middle East, a group in Judaea, and another group in Egypt. 

Although  Cyrus, the Persian king, allowed the Jews to return to their homeland in 538 B.C., most chose to remain in Babylon. A large number of Jews in Egypt became mercenaries in Upper Egypt on an island called the Elephantine. Most of these Jews retained their religion, identity, and social customs; both under the Persians and the Greeks, they were allowed to conduct their lives according to their own laws.

     In 63 B.C., Judah/Judaea became a 'protectorate' of Rome, and in 6 B.C. was organized as a Roman province. The Hebrews, now generally referring to themselves by the religious and culturally inclusive name "Jews"  began to revolt against the Roman Empire in 66 AD during the period known as the First Jewish–Roman War which culminated in the destruction of Jerusalem in 70AD. During the siege, the Romans destroyed the Second Temple and most of Jerusalem.  In 132 A.D., the Jews rebelled against Hadrian. In 135 A.D., Hadrian's army defeated the Jewish armies and Jewish independence was lost. Jerusalem was turned into a pagan city called Aelia Capitolina and the Jews were forbidden to live there, and Hadrian changed the country's name from Judea to Syria Palaestina, which presages the name "Palestine."

     Muhammad (c. 570 CE – c. 8 June 632 CE), considered by Muslims as the last Prophet of God, based on his alleged conversations with the same sky spirit as Abraham 2600 years earlier,  originated a new strenuous and proselytic monotheism, which he called ""Islam," meaning "submission," and, oddly enough included  some of the same concessions to the spirit in the sky as Abraham's - dietary restrictions, ritual killing of animals, circumcision, and ritual prayer.

     Muslims (Semites just as the Hebrews had been) gained political control of the region in question and ruled it as part of one caliphate or another for somewhere around  450 years, at which time, in 1096 in response to  Papal propaganda and political concerns of the Byzantine Emperor, the Crusades were initiated. Ostensibly to redeem the "Holy Land" (holy to many, but holy with a capitol "H" to  European Christians, most Crusaders were driven  by purely human motivators, including freedom from serfdom, a chance to grab an empire, and the commands of their monarchs, who were motivated by greed and the urge to make a religiously significant  name for themselves.   The crusades influenced the attitude of the western Church and people towards warfare. The frequent calling of crusades habituated the clergy and monarchies to the use of violence. The crusades also sparked debate about the legitimacy of taking lands and possessions from pagans on purely religious grounds that would arise again in the 15th and 16th centuries with the Age of Discovery. 

     With its power and prestige raised by the crusades, the papal curia had greater control over the entire western Church.  One glaring facet of the Crusades in general, is that , although, ostensibly aimed at "reclaiming" the "Holy Land',  technically, no European since pagan Rome had ever "claimed" the region in any case.

 Another spinoff was that although the Saracens (Turks/Muslims) were the targets, European and Levantine Jews suffered horribly as a sort of  zealous collateral damage. Jews living peacefully in Jerusalem  were slaughtered in the thousands not by Muslims, in whose caliphate they resided peacefully, but by Crusader Knights, all in the name of God. In Germany, synagogues were burned, sometimes with the congregation huddled inside. The Fourth Crusade, as an example of the depravity of the entire concept, actually attacked Byzantine Christian Constantinople, and sacked the city, taking many of  its priceless and art and artifacts  to Germany, Italy and throughout Europe.   Persecution of Jews in the First Crusade began a thousand year tradition of organized attacks on the Jews of Europe.

    From about 1300 CE through the 18th century,  control of the region remained under the auspices of  various governments with little in common except Islam, which was enough, to insure that Christians and Jews remaining in the area, referred to as "people of the Book," were significantly less persecuted than in Europe where Jews remained objects of hostility and persecution and Christian dissenters fared little better. 

      The current Arab–Israeli conflict is a relatively modern phenomenon, which has its roots in the end of the 19th century. After almost two millennia of existence of the Jewish Diaspora without a national state, the Zionist movement was founded in the late 19th century by secular Jews, largely as a response by Ashkenazi Jews to rising anti-Semitism in Europe, exemplified by the Dreyfus affair in France and the anti-Jewish pogroms in the Russian Empire (see "Fiddler on the Roof"). There was institutionalized social anti-Semitism in most European nations throughout the 1700s and 1800s.  The political movement was formally established by the Austro-Hungarian journalist Theodor Herzl in 1897 following the publication of his book Der Judenstaat (The Jewish State).  At that time, the movement sought to encourage Jewish migration to Ottoman (Turkish)  Palestine.  Zionism grew rapidly and became the dominant force in Jewish politics with the World War II era destruction of Jewish life in Central and Eastern Europe. The conflict became a major international issue with the birth of Israel in 1948. Prior to the petroleum age, much of the Levant was more curiosity than concern for most European governments.  The Arab–Israeli conflict has resulted in at least five major wars and a number of minor conflicts. It has also been the source of two major Palestinian intifadas (uprisings).

     Tensions between the Zionist movements and the Arab residents of Palestine started to emerge after the 1880s, when immigration of European Jews to Palestine increased.  Herzl, a strong advocate for the cause of Zionism, encouraged contributions from a broad spectrum of Europeans, Jewish and gentile, said monies to be used to sponsor European  Jews  as settlers in Palestine. In a sense, this is analogous to Europeans encouraging settlement in the New World, in that the land wasn't empty in the first place. As an alternative to stealing the land and evicting residents as Europeans did with American Indians, Zionists purchased land, albeit, land with poor farmers already there!   This immigration increased the Jewish communities in Palestine, then part of the Ottoman Empire by the acquisition of land from Ottoman and individual Arab landholders, known as effendis, and establishment of Jewish agricultural settlements. At the time, Arabs lived in an almost feudal existence on the effendis' land.

       It is important to understand that  the same rich Arabs who decry Israel's existence today were the very social group who sold their tenants' land out from under them. Additionally, in as much as Zionist settlers tended to be literate and better educated, they had political skills and clout disproportionate to their numbers.   Demographers have "guesstimated"  from Ottoman Turkish census data that the population of Palestine in 1882–3 was about 468,000, consisting of 408,000 Muslims, 44,000 Christians and 15,000 Jews.  By the outbreak of World War I, these numbers had increased to 602,000 Muslims, 81,000 Christians and 39,000 Jews, plus a similar but uncertain number of Jews who were not Ottoman citizens. As of 1920, the ratio of  Arabs to Jews was 15:1 with a Christian population greater than the Jewish count.

Following WWI, Europeans set about deciding the political fate of the Middle east, with an eye towards control of lands and resources, facilitated by a fabricated "mandate" concept established by the League of nations.  The process of establishing the mandates consisted of two phases: The formal removal of sovereignty of the state (Ottoman Turk or Austro-Hungarian) previously controlling the territory and the transfer of mandatory powers to individual states among the Allied Powers (France or Great Britain). Palestine, Jordan and Iraq (their modern names) fell under British mandate, while Syria and Lebanon were French. 

 This now transferred responsibility and control of these largely Islamic regions to Christian, European control, with Palestine, while majority Muslim, containing a growing portion of educated European and Levantine Jews, and under nominal control of Christian Britain. What could possibly go wrong?

     While the British had made promises to give both Arabs and Jews land, (the Balfour declaration) the British claimed they had never promised to give either side all of the land. Rising tensions had given way to violence, including the Nebi Musa and Jaffa riots in 1920 and 21. riots, and Jaffa riots of 1921. In an attempt to placate  the Arabs, and due to Britain's demonstrated  inability to control Arab violence in the Mandatory Palestine any other way, the semi-autonomous Arab Emirate of Transjordan was created in all Palestinian territory east of the Jordan river (roughly 77% of the Palestine mandate).    In 1922, the League of Nations formally established the British Mandate for Palestine and Transjordan,  assigning all of the land east of the Jordan River to the Emirate of Jordan, ruled by Hashemite king Abdullah but closely dependent on Britain, leaving the remainder west of the Jordan as the League of Nations Mandatory Palestine.

The British now found themselves in a politically charged situation at home and abroad. The loss of much  of a generation of young men left Britain shorthanded and sickened by  matters military, while thousands of miles away in a part of the world most Britons couldn't even locate on a map, the conflicting forces of Arab nationalism and the Zionist movement created a situation from which the British could neither resolve nor extricate themselves.

     Continuing pogroms in Russia and the Ukraine as well as the first hints of  Adolf Hitler's rise to power in Germany created a new urgency in the Zionist movement to create a Jewish state, and the evident intentions of the Zionists provoked increasingly fierce Arab resistance and attacks against the Jewish population most notably in the preceding 1929 Hebron massacre, the activities of the Black Hand (perhaps the first modern Islamic terrorist group), and during the 1936–39 Arab revolt in Palestine). The British-appointed Grand Mufti of Jerusalem, Haj Amin al-Husseini, led Arab opposition to the idea of turning part of Palestine into a Jewish state.

     In search for help in expelling British forces from Palestine, (thus removing the enforcer of the Zionist enterprise), the Grand Mufti sought alliance with the Axis Powers. The response of the British government was to banish the Mufti from Palestine  (He spent much of World War II in Germany and helped form a Muslim SS division in the Balkans, perhaps sowing the seeds of the 1990's "ethnic  cleansing" in reverse?) , curb Jewish immigration, and reinforce its police force. The Jewish leadership adopted a policy of "restraint  and static defense" in response to Arab attacks  and criticized the British for  what they considered to be a British  retreat from the conditions promised by the  Balfour Declaration and its (Britain's) less than enthusiastic response to Arab violence.  This sense of  "we're on our own" led to was a break  away from the more pacifistic Hagana (the self-defense organization of the Yishuv) and created the more right-wing militant Irgun, which would later be led by Menachem Begin in 1943. Irgun led attacks against Arab policemen and civilians in the 1930s .
  
       In 1936, A British Royal Commission of Inquiry that came to be known as the Peel Commission was established  to attempt resolution to the continuing and widening split in its mandate.  The commission  proposed a two-state solution that gave the Arabs control over all of the Negev, much of the present-day West Bank, and Gaza and gave the Jews control over Tel Aviv, Haifa, present-day northern Israel, and surrounding areas. The British were to maintain control over Jaffa, Jerusalem, Bethlehem, and surrounding areas. The two main Jewish leaders, Chaim Weizmann and David Ben-Gurion had convinced the Zionist Congress to approve  the Peel recommendations as a basis for more negotiation. The Arabs, however, emphatically rejected it while demanding "an end to Jewish immigration" and land sales to Jews, calling for independence of Palestine as an independent Arab state.

  Recall, the Arabs held a large numerical advantage, but the Zionists had far more resources, organization and political skill, not to mention a steady infusion of funds from wealthy Jews in Europe and America.  Jewish violence against the Mandatory Palestine continued to mount throughout the latter half of the 1940s, with attacks by the Irgun, assassination of British authorities officials by the Lehi, and the 1946 King David Hotel bombing. In 1947, the population was reported as 1,845,000, consisting of 608,000 Jews and 1,237,000 Arabs and others, making the region still 2:1 Arab to Jewish population, even with the new flood of European refugees and holocaust survivors, for whom the West (the former Allied Powers) had significant and appropriate sympathy and concern.


     The 1948 Arab–Israeli War (1948–49), known as the "War of Independence" by Israelis and al-Nakba ("the Catastrophe") by Palestinians, began after the UN Partition Plan and the subsequent 1947–48 Civil War in Mandatory Palestine in November 1947. The plan proposed the establishment of  both independent Arab and Jewish states in Palestine (see figure, above). The Arabs had rejected the plan while the Jews had accepted it. As a point of interest, a modern day point of  Palestinian discontent seems to be lack of independent territory, which they rejected almost 60 years ago! For four months, under continuous Arab provocation and attack, the (we'll say "Israelis" from here on) were usually on the defensive while occasionally retaliating. By March 1948 however, the United States was actively seeking a temporary UN approved trusteeship rather than immediate partition, known as the Truman trusteeship proposal, a proposal rejected by Israeli  leadership.  By now, both Israeli  and Arab militias had begun campaigns to control territory inside and outside the designated borders, and an open war between the two populations emerged.

     At this point the stage was set for all the violence and hatred of the following 60 years.  Palestinian Arabs felt they had lost their land even if it had been sold out from under them by other absentee rich Arab landlords. Having no recourse, they were primed to turn their disaffection on the Israeli settlers who had bought it.  It must be noted that regardless  of how one views land ownership, Israelis didn't steal Arab land.  Adjoining nations, following Israel's declaration of statehood and Britain's 1948 withdrawal, admitting they were powerless to stop the flood of Jewish immigration, declared the mantra which survives today - "Israel has no right to statehood." Further in an act of hubris and epic underestimation, Israel's neighbors assured the Palestinian Arabs that their troubles would be short lived as they (Syria, Jordan, Egypt, Iraq and Lebanon , fueled with Saudi money) were about to annihilate the Israelis. They were encouraged to leave until hostilities were over and they could reclaim "their" lands and independence. 

     Jordanian, Egyptian, Syrian, Lebanese, Iraqi and Saudi troops invaded Palestine subsequent to the British withdrawal and the declaration of the State of Israel on May 14, 1948. Israel, the US, the Soviet Union and UN Secretary-General Trygve Lie called this "illegal aggression", while China broadly backed the Arab claims. The Arab states proclaimed their aim of a "United State of Palestine"  in place of Israel and an Arab state. The Arab Higher Committee said, that in the future Palestine, the Jews would  be no more than 1/7 of the population. i.e. only Jews that lived in Palestine before the British mandate, not  specifying  what would  happen to the other Jews. They considered the UN Plan to be invalid because it was opposed by Palestine's Arab majority, and claimed that the British withdrawal led to an absence of legal authority, making it necessary for them to protect Arab lives and property. About two thirds of Palestinian Arabs fled or were expelled from the territories which came under Jewish control; the rest became Arab citizens of Israel. As a further cultural nightmare for the Arab neighboring states, Israel humiliated them militarily. All of the much smaller number of Jews in the territories captured by the Arabs, for example the Old City of Jerusalem, also fled or were expelled. The official United Nations estimate was that 711,000 Arabs became refugees during the fighting. These, then,  are the progenitors, several generations removed, of today's current crop of violently anti- Israeli terrorists, encouraged into exile by their fellow religionists and left to ferment in refugee camps.   

     The fighting ended with signing of  Armistice Agreements in 1949 between Israel and its warring neighbors  formalizing  Israeli control of the area allotted to the Jewish state (per the original UN partition plan, rejected by Palestinian Arabs) plus just over half of the area allotted to the Arab state. The Gaza Strip was occupied by Egypt and the West Bank by Jordan until June 1967 when they were seized by Israel during the Six-Day War. The  711,000, or so,  Palestinians who fled or were expelled from the areas that became Israel were not allowed to return to their homes, and took up residence in refugee camps in surrounding countries, including Lebanon, Jordan, Syria, and the area that was later to be known as the Gaza Strip; they were usually not allowed to leave refugee camps and mix with the local Arab society either, leaving the Palestinian refugee problem unsolved.  Around 400 Arab towns and villages were depopulated during the 1948 Palestinian exodus.  Post war, the surrounding Arab states created a group of their own whom they neither recognized or significantly assisted financially.  

     After the 1948  war,  the (defeated) Arab states insisted on two main demands, neither of which were accepted by Israel: 1. Israel should withdraw to the borders of the UN Partition Plan — Israel argued "that the new borders—which could be changed, under consent only—had been established as a result of war, and because the UN blueprint took no account of defense needs and was militarily untenable, there was no going back to that blueprint."  2. The Palestinian refugees deserved a full right of return back into Israel — Israel argued that this was "out of the question, not only because they were hostile to the Jewish state, but they would also fundamentally alter the Jewish character of the state." It is worthy of note that Arabs who had not left were integrated into Israeli society to a large extent unless demonstrably hostile to the established order. 
    
     Over the next two decades after the 1948 war ended, between 700,000 and 900,000 Jews fled or were expelled from the Arab countries they were living in, in many cases owing to anti-Jewish sentiment, expulsion (in the case of Egypt), or, as in Iraq,  legal oppression but also quite often to promises of a better life from Israel; of this number, two-thirds ended up in refugee camps in Israel, while the remainder migrated to France, the United States and other Western or Latin American countries. The Jewish refugee camps in Israel were evacuated with time and the refugees were eventually integrated in the Jewish Israeli society (which in fact consisted almost entirely of refugees from Arab and European states). Over the ensuing 60 years there have been numerous hostilities, overt and terrorist, between Israel and her neighbors. They include armed conflicts in 1950, 1956, 1964 (the Six Day War), 1973 (the Yom Kippur War), anti-terrorist incursions into Lebanon  in 1978 and 1982, and in 1987-1993  the first Intifada.

     While the principle conflict of previous wars had been by uniformed services one against the other, the Intifada was far more of  a terrorist  nature. It began as an uprising of Palestinians, particularly the young, against the Israeli military occupation of the West Bank and Gaza Strip after the failure of the nationalist  Palestine Liberation Organization  (PLO)  to achieve any kind of meaningful diplomatic solution to the Palestinian issue. The exiled PLO leadership in Tunisia quickly assumed a role in the intifada, but the uprising also brought a rise in the importance of Palestinian national and Islamic movements, and helped lead to the Palestinian Declaration of Independence in 1988. The intifada was started by a group of young Palestinians who began throwing rocks at the Israeli occupying forces in  the Gaza Strip in December 1987. In May 1989, the government of Israeli PM Yitzhak Shamir, suggested that violence cease, and that elections should be held in the West Bank and Gaza for "a political delegation with whom Israel would come to terms regarding the implementation of Palestinian interim self-governing authority in these areas." These elections however never materialized as Israel had and continues to have internal divisions over ways and means of dealing with "The Palestinian Problem."

     Backing the wrong horse has become a way of life for Palestinian separatists in more recent years. The First Gulf War was a political disaster for the PLO due to their support of Saddam's invasion of Kuwait. Following Iraq's crushing defeat by coalition forces, Kuwaiti authorities forcibly pressured nearly 200,000 Palestinians to leave Kuwait. This forced expulsion  was a response to the alignment of PLO leader Yasser Arafat with Saddam Hussein. They (oil rich Kuwait) also withdrew their financial support from the Palestinian cause due to PLO support of Saddam Hussein. This large political setback created the conditions  that allowed for the PLO to begin talks with the United States and Israel. The First Palestinian Intifada ended with the Madrid Conference of 1991 and the signing of the Oslo Accords by Israel and the PLO in 1993.

     A second Intifada of  2000, triggered by Israeli PM Sharon declaring the temple Mount in Jerusalem to be  "an eternal Israeli territory"  lasted another several years and was characterized by suicide bombings and large numbers of civilian casualties, in a sort of prequel to current events.  In 2002, as the second Intifada raged on, Saudi Arabia offered a peace plan in The New York Times and at a summit meeting of the Arab League in Beirut. The plan essentially calls for full withdrawal, solution of the refugee problem through the Palestinian "right of return" (to ?), a Palestinian state with its capital in East Jerusalem in return for fully normalized relations by Israel with the whole Arab world. This proposal was the first to receive the unanimous backing of the Arab League. In response, Israeli Foreign Minister  Peres said: "... the details of every peace plan must be discussed directly between Israel and the Palestinians, and to make this possible, the Palestinian Authority must put an end to terror." (still waiting for that to happen!) Curiously, following the Saudi plan, In 2005, the United States Congress acknowledged that our regional ally, Saudi Arabia,  had been funding  Hamas and other Palestinian insurgency terrorist groups.

      In an effort of its own in 2005 Israel unilaterally evacuated settlements, and military outposts from the Gaza Strip and the northern West Bank. The Disengagement Plan was a proposal by Israeli Prime Minister Ariel Sharon, adopted by the government and enacted in August 2005, to remove a permanent Israeli presence from the Gaza Strip and from four Israeli settlements in the northern West Bank. The civilians were evacuated (many forcibly) and the residential buildings demolished after August 15, and the disengagement from the Gaza Strip was completed on 12 September 2005, when the last Israeli soldier left. The military disengagement from the northern West Bank was completed ten days later.

In January 2006, elections were held for the Palestinian Legislative Council. Hamas won these elections, and thus secured a majority of seats. Due to the nature of their Parliamentary system, this meant they also controlled the executive posts of the Palestinian Authority, including the Prime Minister's post, and the cabinet. Hamas gained popular support because it appeared much more efficient and much less corrupt than Fatah (political, relatively non-violent). Unfortunately, it was also far more willing to resort to violence to achieve its aims. While it built various institutions and social services. Hamas also openly declared that it did not intend to accept any recognition of Israel. It stated it would not accept the Oslo Accords, and would not accept or recognize any negotiations with Israel. Throughout previous years, it had openly stated that it encouraged and organized attacks against Israel. This created a major change in previous Israeli-Palestinian interactions, which had previously been going through various periods of negotiations. This also signaled a huge step back from resolution, triggered by the Saudi plan and the Israeli unilateral withdrawal of 2005.

Most Western nations and international organizations did not give the Hamas lead government official recognition and responded by cutting off funds and imposing other sanctions. In June 2007, Hamas took control of Gaza, violently routing the forces of Fatah. This effectively severed control of the Palestinian territories. Those in the West Bank were under Fatah's control, with those in Gaza under the control of Hamas. Mahmoud Abbas, the Palestinian president, dissolved the government. The fighting had numerous casualties, and gave rise to even more refugees, who fled to Egypt and other countries


And so we come to the present. With or without their Palestinian serfs' approval, more than 100 years ago wealthy Arabs freely sold Jewish immigrants land on which their Arab tenants lived. Powerless against their former landlords, Palestinian Arabs turned their hatred upon the Jews. The holocaust left numerous European Jews stateless, so they fled to Palestine. European nations, having made promises and pseudo political divisions they had no ability to enforce or maintain, simply left. Fueled by cultural and religious hatred, Arab neighbors turned military force upon the new state of Israel after it took unilateral steps to create a nation. While Israel may have acted alone, they did not create an exclusionary policy until they were attacked on all sides. Meanwhile Arab states, having created a huge number of Palestinian refugees, did little to deal with them or incorporate them into their own Arab societies. In fact, due to Islamic sectarianism , some were regarded as poorly by others as if they were Israelis, not fellow Arabs.

      Several wars and six decades later,  even though Israel had withdrawn from  Gaza, Hamas forces seized control in Gaza, ousted the Palestinian authority and destabilized the region. Hamas terrorists in   Gaza built tunnels used for terrorist raids inside Israel, By its nature, terrorism endangers those who sponsor it, in this case Hamas and, unfortunately those innocent civilians in whose presence terrorists hide. In the face of Hamas' intransigence and continued terrorist actions, Israel was (is) faced with really only two choices: sit in Israel and allow continued tunnel incursions and rocket bombardments from and by Hamas, or defend its own civilians. What Israel is doing has had horrific effects on civilians, yet what is the option?  If they do nothing, they will be continually assaulted. What did Britain do when the Germans lobbed v-1s and v-2s into London? They bombed Berlin, hardly a military or industrial target, and civilians died, same in Dresden, same in Frankfurt. There is a choice  in Gaza as there was in Germany - stop projecting deadly force at your neighbors. Hamas  isn't the moral standard setter  for anyone. It is a rogue terrorist organization which has hijacked Gaza and endangered all its occupants. Where should world anger focus in the current situation? Stopping Hamas' use of deadly force? This may be hard since they have broken three cease fires since their action triggered the current horror.

    No one should condone this terrorist violence but, considering the way Things got to this point, One can  (or should) understand it. Remember, Arabs didn't evict Jews and deprive them of their civil rights.

Saturday, August 2, 2014

Judicial Activism for Dummies



     Not so much recently, but not so very long ago, we became accustomed to seeing and hearing the words "judicial activism" and/or "activist judges" thrown about by those of the far right, by which I mean, primarily, conservative Republicans. It seems to me that to be an "activist judge," one has to believe that the rights of the individual are, in most cases, as essential to the overall well being of the body politic as the rights of  the many. Simply put, those who, like the late Chief Justice Earl Warren, a California Republican, believe in upholding  rights (educational equality, for example) of persons currently denied them risk being charged with being "activists" simply because of the way they view the intent of the Constitution. 

     In the last 150 years of  the history of the US Supreme Court (SCOTUS), the vast preponderance of this kind of decision has been of the conservative activist nature. We never seem to hear the term "activism" applied to those decisions which take things away from people. I am forced to conclude that, in the mind of the far right, giving or affirming rights previously denied is judicial activism, denying  rights or rescinding them is simply good jurisprudence.

     As examples, those federal judges who overturn state bans on gay marriage because it denies equal protection under the law, as well as numerous other rights, are activists. In like manner upholding the Voting rights Act of 1965 was an "activist" decision. On the other hand, the horde of SCOTUS decisions of the last half of the 19 century relating to corporate protection from state regulators, no matter the cost to individuals, was simply judicial acumen and skill, well applied.

     A classic example might be Lochner v NY, a 1905 case in which New York state was prohibited by SCOTUS from upholding a law, passed by the state legislature.  which limited the hours a bakery could require employees to work in a week to 60. An activist (oops, sorry wrong word, how about sagely wise?) conservative dominated SCOTUS ruled that, of all things, the 14th amendment protected these workers under the concept of the "contract clause." Writing for a five-to-four majority, Justice Rufus Peckham found the New York law an “unreasonable, unnecessary and arbitrary interference with the right of the individual to his personal liberty or to enter into those contracts in relation to labor which may seem to him appropriate or necessary for the support of himself and his family.” In plain terms, the bakery was free to require as many hours as the wished, and of course, that also meant that any employee objecting could be fired. Yes, yes, I know, the 14th amendment was supposed to protect citizens of a state from the malfeasance of that state. Who protects them from the federal government?

     The Court's basic position regarded most attempts at regulation of the private  marketplace/workplace, or to protect workers, as being  unconstitutional. The Lochner era reflected conservative judicial activism, which has a long history at the Court. The decisions of the nineteen-thirties, which rejected central several aspects of FDR's New Deal, also showed how conservative Justices could, and did, overrule the democratically elected branches. It was not until the  the fifties and sixties and the Warren Court era, that liberal judicial actions, now excoriated by the far right as "activism" became a force at the Court, as the Justices began overturning laws that violated the rights of minorities and women.
  
     I am sure that most readers are now at the point of, "So F*****g what? That was then!"  I am, dear readers, recapping history because recent SCOTUS actions are as activist or more so in the conservative, politicized direction than we have seen for a while.  The poster child for this new conservative activism, totally in opposition to the "liberalist, protect those who need it" mind set,  referred to in the Warren era, is the Citizens United vs Federal Election Commission  decision of the Roberts Court.

     Citizens United (CU for brevity) was brought as a test of federal election campaign spending limits and conditions. It arose mainly out of the 90 minute movie "Hilary, the Movie" financed by ultra conservative billionaires in an attempt to skew the Democratic Primary in 2008. If you love irony as do I, they might have wished to rethink their strategy, since President Obama won the nomination and the election. There were questions regarding the legality and source funding propriety of the film as well as its direct assault on an individual vice an issue or party platform.  To see how we got there, we need to look at the history of campaign funding.

   Republican (and progressive) Theodore Roosevelt won the White House in a landslide in 1904. Oddly enough, for a president who is largely remembered for fighting for reform and against corporate control of government,  TR was helped significantly during the campaign  by vast campaign contributions from corporations. Drawing heavily on donations from the (today we would call them CEOs) of railroad and insurance interests,  in the last days before the election he is alleged to have  made a personal appeal for funds to Henry Clay Frick, the steel baron, and other industrialists. 

     Roosevelt as it turned out to Frick's great chagrin,  came to  exemplify  the old adage, "be careful what you wish for!" Almost as soon as Roosevelt won the election, he turned his attention to passing the first significant campaign-finance-reform act in American history—trying to outlaw the very techniques he had just used to stay in office. Years later, Frick recalled of Roosevelt, “He got down on his knees to us. We bought the son-of-a-bitch and then he did not stay bought.”
In 1907, Roosevelt allied himself legislatively with one of the vilest man in Congress and one who was his antithesis in almost every way to push for and pass the Tillman Act, named for the eccentric rogue "Pitchfork Ben" Tillman, the South Carolina senator who sponsored the legislation. A vile racist, Tillman's presence must have made TR's skin crawl, but he needed Senate support, and many northern senators were at least partially in some large industrialist's pocket. (For more on this era and a superb read, I strongly recommend  Doris Kearns Goodwin's "The Bully Pulpit.") It should obvious  that Tillman, running essentially uncontested in a "whites only" voting scenario, couldn't have cared less about campaign finance personally - he didn't need it, and it was a good way to stick it to those who did - northern senators who typically loathed and feared  him.

     The Tillman  Act barred corporations from contributing directly to federal campaigns, and established criminal penalties for violations. Loopholes were many and fairly wide,  allowing, for example, individuals to give as much as they wanted to political campaigns and to be reimbursed for the contributions by their employers. Still, the Tillman Act was a first step toward what Congress described as its goal: elections “free from the power of money.”- as if! That never happened. 
There were, of course,  many in Congress then, as now, who kept their fingers crossed if forced to recite those words publicly. In subsequent decades, the power of money in politics only grew. After the Second World War, candidates began to campaign principally by buying advertisements on television, and that strategy created an ever-increasing need for cash, Eisenhower's "We like Ike" 30 second spots became the first TV election promos. Richard Nixon’s obsession with campaign fund-raising was one of the principal motivations that led to the Watergate scandals.

     In the wake of Watergate the next wave of campaign-finance reform ensued, the Federal Election Campaign Act Amendments of 1974, which supplemented the 1971 law (most of the Watergate shenanigans were already underway as the 1971 law was signed - by Nixon, no less!) was  law and created much of the regulatory structure that exists  today. The law set unprecedented limits on campaign contributions and spending; created the Federal Election Commission to enforce the act; established an optional system of public financing for Presidential elections; and required in depth  disclosure of campaign contributions and expenditures. So, problem solved, right? You'd like to think so, but not so fast Sparky.

     Soon after the 1974 Amendments to the 1971 Act  went into effect, several  politicians, among them James L. Buckley, Senator from New York, and Eugene McCarthy,  former Senator and Presidential candidate, challenged the new rules as unconstitutional. The resulting decision, known as Buckley v. Valeo, issued in 1976, remains one of the Supreme Court’s most complicated, contradictory, incomprehensible (and longest) opinions.  To this day, no one even knows (or will admit) who really wrote it. It is signed “per curiam”—“by the Court”—which the Justices usually use for brief and minor opinions. Justice William Brennan is generally thought   to have written much of it, but (anecdotally) sections were also probably composed by Warren E. Burger, Potter Stewart, Lewis Powell, and William Rehnquist.  Because of this decision, wealthy candidates like Mayor Michael Bloomberg are free to  spend as much as they want of their own money on their campaigns; it would be unconstitutional to limit their expenditures. Again in plain speak, if you want to spend enough, you can buy elected office!

     In 2002, in a rare bipartisan move, the McCain-Feingold Act (the Bipartisan Campaign Contribution Reform Act) was signed into law by President Bush  This now put Congress and the Executive branch on the side of the angels regarding some limitation on buying elected office. In 2003, in one of the last major opinions of the Rehnquist Court, in McConnell v. Federal Election Commission, the Justices had upheld most of the law (McCain-Feingold) against a constitutional challenge led by Mitch McConnell (who else?), a Republican leader in the Senate and a dedicated foe of all campaign-finance reform.

     So much for the history, what about  CU? By now most folks know that the U.S. Supreme Court did something that changed how money can be spent in elections and by whom, but what happened and why should you care?

     The Citizens United ruling,  of January 2010, tossed out the corporate and union ban on making independent expenditures and financing electioneering communications. It gave corporations and unions the green light to spend unlimited sums on ads and other political tools, calling for the election or defeat of individual candidates.  In a nutshell, the high court’s 5-4 decision said that it is OK for corporations and labor unions to spend as much as they want to convince people to vote for or against a candidate.   
    So McCain-Feingold, and two Supreme Court precedents, had to be mostly overruled. The Constitution required that all corporations, for-profit and nonprofit alike, be allowed to spend as much as they wanted, anytime they wanted, in support of the candidates of their choosing. For the moment, at least, the ban on direct corporate contributions to candidates remained intact.

     So if the decision was about spending, why has so much been written about contributions? Like seven and eight-figure donations from people like casino billionaire Sheldon Adelson who, with his family, has given about $40 million to so-called “super PACs,” formed in the wake of the decision? For that, one must look  lower federal court case — SpeechNow.org v. FEC. The lower-court case used the Citizens United case as precedent when it said that limits on contributions to groups that make independent expenditures are also  unconstitutional.

     And that’s what led to the creation of the super PACs like Adelson's  and others, which act as shadow political parties. They accept unlimited donations from billionaires, (Adelson, the Koch brothers , Soros, et al) corporations and unions and use it to buy advertising, most of it negative.
The Supreme Court kept limits on disclosure in place, and super PACs are required to report regularly on who their donors are. As a second erosion of free election processes, there's an even more unregulated class - “social welfare” groups and some other nonprofits, like business leagues. These groups can function the same way as super PACs, so long as election activity is not their primary activity. But unlike the super PACs, nonprofits do not report who funds them. That’s disturbing to those who favor transparency in elections. An attempt by Congress to pass a law requiring disclosure was blocked by Republican lawmakers. Care to hazard a guess regarding who are  the primary beneficiaries of such groups?

     In one sense, the "back-story" of the Citizens United case goes back more than a hundred years and in some ways is a reversion to type.   It begins in the Gilded Age, an era of great and largely autonomous corporations , when the Supreme Court barred most attempts by the government to ameliorate the harsh effects of market forces. In that time frame , the Court said, for the first time, that corporations, like people, have constitutional rights, which was undoubtedly what 'ol Mitt Romney was thinking when  he chastised a questioner that "corporations are people, my friend."  The Progressive Era, which followed, saw the development of activist government and the first major efforts to limit the impact of money in politics. 

     Since then, the sides in the continuing battle have remained more or less the same: progressives (or liberals) vs. conservatives, Democrats vs. Republicans, regulators vs. libertarians, and over the last twenty years, to some degree, haves vs.  have nots.  One side has favored government rules to limit the influence of the moneyed in political campaigns; the other has supported a freer market, allowing individuals and corporations to contribute as they see fit. Citizens United marked another round in this contest.

     The case, too, reflects the aggressive conservative judicial activism of the Roberts Court. ( disclaimer: if it ain't liberal, it a'int activism, except when it clearly is!) It was once liberals who were accused with using the courts to overturn the work of the democratically elected branches of government, but the current Court has matched its contempt for Congress with a disdain for many of the Court’s own precedents.

     When the Court announced its final ruling on Citizens United, on January 21, 2010, the vote was five to four and the majority opinion was written by Justice Anthony Kennedy. As an  overarching fact however,  the result represents a triumph for Chief Justice Roberts, whose concept of the breadth and scope of the gutting of McCain-Feingold he completley concurred with. Even without writing the opinion, Roberts, more than anyone, shaped what the Court did. As American politics morphs into its new form in the post-Citizens United era, whatever shape that might become,  the credit or the blame goes mostly to him.

      So, as the Chief Justice chose how broadly to change the law in this area, the real question for him, it seems, was how much he wanted to help the Republican Party. Roberts’s apparent choice was: a lot. Roberts, during his confirmation hearing, had made much of his judicial modesty and his "respect for precedent." If the Chief had written Citizens United, he would have been criticized for hypocrisy. By assigning  the opinion to Justice Kennedy he obtained a far-reaching result without leaving his own fingerprints.

      Justice Stevens wrote a 90 page dissent, joined by justices Sotomayor, Ginsberg, and . Among his points were:  “Five Justices were unhappy with the limited nature of the case before us, so they changed the case to give themselves an opportunity to change the law.” The case should have been resolved by simply ruling on whether McCain-Feingold applied to “Hillary: The Movie,” or at least to nonprofit corporations like Citizens United." He continued further along:  “At bottom, the Court’s opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self-government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt,” he wrote. “It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth (lack)  of corporate money in politics.”   As a closing shot, Stevens wrote: (the Court's ruling)  "threatens to undermine the integrity of elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution." He continued,  "A democracy cannot function effectively when its constituent members believe laws are being bought and sold."

     It was an impressive dissent, but that was all it was. Anthony Kennedy, on the other hand, was reshaping American politics,  encouraged, aided and  abetted by a Chief Justice posing as a moderate. So McCain-Feingold, and two Supreme Court precedents, had to be mostly overruled. The Constitution required that all corporations, for-profit and nonprofit alike, be allowed to spend as much as they wanted, anytime they wanted, in support of the candidates of their choosing. For the moment, at least, the ban on direct corporate contributions to candidates remained intact.

     In any event, the implications of Citizens United were readily and immediately obvious. In March, 2010, the D.C. Circuit ruled that individuals could make unlimited contributions to so-called Super PACs, which supported individual candidates. This opened the door for Presidential campaigns in 2012 that were essentially underwritten by single individuals. Sheldon Adelson, the gambling entrepreneur, gave about fifteen million dollars to support Newt Gingrich, and Foster Friess, a Wyoming financier, donated almost two million dollars to Rick Santorum’s Super PAC. Karl Rove organized a Super PAC that has raised about thirty million dollars in the past several months for use in support of Republicans. The Roberts Court, it appears, will guarantee moneyed interests the freedom to raise and spend any amount, from any source, at any time, in order to win elections.