16 Comments
Expand full comment
author
Nov 3, 2023·edited Nov 3, 2023Author

As I've had reason to mention to you before, this is the kind of ad hominem I remark I discourage in these comments. That was fair warning.

Expand full comment

This is such an interesting point, and I’d like to see you dive into *why* the discussion of history in this way keeps cropping up. Lately, I’m sure that it’s partly anti-Trumpists trying to find some sort of ground truth from which they can be objectively right.

But the Federalist Society, Supreme Court Originalists, and Second-Amendment advocates all push this historical emphasis to justify their positions. 5-4 POD and others have been very good about pointing out how these appeals to historical intent are usually just head-fakes that distract while they simply wield power as they see fit. By the time the critics have gone back to the sources and checked their references, the damage is already done and they’ve moved on to a new atrocity.

So how common is it, in the history of this very young country, to appeal to the wisdom of the ancients (Founders)? How and why? The amount of cherry-picking from the record for any liberal or conservative trying to base their argument in the foundations of the Republic must be so tortured!

Is it that our country is juuuuuuust so old, and our common historical knowledge juuust so poor that people can appeal to history and get away with it? Or was it always thus?

Expand full comment

Well, after Nixon attempted autocracy I wrote a book in 1983 intended to appeal to high-school students about the history of republics, with “republican” defined as favoring a form of state NOT ruled by ONE person. Such states fall to Caesars and Napoleons when people forget that principle--as we have. My word processer here keeps insisting, like the majority of today’s voters that there is no such word as “republican”--only “Republican”. The cause has been lost.

Expand full comment
author

The End of Kings appealed to me, too, though I wasn't a high school student but a middle and high school teacher (I'm citing it, yet again, in my forthcoming book). I continue to doubt that republics become dictatorships because people forget a principle--or, more to the point, what I doubt is the converse proposition that when democratic republics thrive, it's because the majority of people are remembering a principle. And to the point of my post, I suspect that if the cause really is lost, the loss can't be traced to, say, the failure of radical Republicans' plans for Reconstruction.

Expand full comment

I have to admit that a democratic electorate does not respond readily 100% to arguments about principle. And of course (case in point) abortion is not an abstract principle. Thanks for quoting EofK in your new book. I’ll read it directly and flog it like a pro.

Expand full comment

The uncritical acceptance of Supreme Court Precedents that are patently fascist has brought us to the present intersection of fascism and Climate Chaos. Specifically I refer to the toxic Precedent thread of '76 Valeo, '78 Bank of Boston, '10 Citizens United, '17 McDonnell. This thread effected the staged inversion of political bribery from impeachable offense to de facto campaign necessity - as employed by >95% of all successful Federal campaigns.

Mussolini observed that "fascism is the merger of State and corporate power" The present American fascism differs from the traditional in that the unparalleled bribery gives primacy to corporate interests. Dictatorship is the common mode of Fascism and I suggest that Trump, DeSantis share the common goal dictatorial control (Trump's instincts give him a distinct advantage - clearly).

Instinctively we expect the Democratic Party to be the loyal opposition. It is not. Nowhere is this more clear than in the Climate Crisis. Obama 'bragged' (correctly) that US fossil fuel production increased every year he was in office. This holds true for Biden as well. And 95% of our new production is by the crime of fracking - making sacrifice zones endemic across the US.

At present both Partys work to maximize corporate profits of their biggest contributors in every economic sector. In the energy sector, humanity has the misfortune that the fracking vampires who are sucking our death out of the Earth have vastly greater disposable income than the solar and wind industries.

How do we survive? I find no other source of hope than the schema sketched below:

–- Constitutional Reset 2024 ---

Supreme Court Crushing OUR Rights

Take Back the Court - A3S1:

Judges shall serve on good Behaviour

Ergo, shall be fired on bad Behaviour

Revoke False Precedents

-$s are not Speech nor Corps people-

That rot bred present fascism!

The Fix: Public Funding of Elections

$200 Voter Vouchers - Nothing Else!

DC will work for us & our children:

-Tackle Climate Chaos at Scale-

CO2e Tax $400/ton Funding UBI

-Market Forces Drive Solar/Wind

-Initial UBI ~$1,000/month

WWII Level Funding, Taxes, Effort

-42% GDP = 8T$/yr for 5 years

-95% Max TaxRate over 4M$/yr

-Gift Solar to US & Global South

Why? Gotta Save the Whole World

Make Friends, Not War

DC will pass: iM4A, Union Rights,

$25 Min Wage tied to productivity,

Free pre-K through University,...

Expand full comment

Mussolini definitely appealed to a historical precedent to justify his actions! I wonder if there’s a constituency of any country that would be more likely to go along as long as you grounded your POV in a portrayal of historicity.

Expand full comment

That Mussolini quote is misattributed:

https://en.wikiquote.org/wiki/Benito_Mussolini#Misattributed

Americans don't seem to understand that "corporatism" is not about the for-profit organizations we typically call "corporations".

Expand full comment

I stand corrected. It is however a technical correction. I find that without the quotes, i.e. Mussolini observed that fascism is the merger of State and corporate power, is a useful observation. The two post-WWI European examples did build popularity on trade unions - in combo with white nationalism. They seized corporate power, made war, died with their nations' devastated.

The origins of American fascism are wildly different, but it is daily more clear that we are tending to the like result. The corporate dictatorship sketched in the 1971 Powell Memo and effected through the Supreme Court via 4 cataclysmic Precedent threads (bribery, corporate personhood, qualified - and now Absolute - immunity, human rights reversal) has hollowed out our industry, our infra-structure, and reduced our 2 corporate Party politics to the lesser of 2 evils endpoint where both are pro-genocide and pro Climate Apocalypse (the words are but kayfabe, the ground truth for Biden is horrific). The choice is vengeful dictator or drifting with the corporate winds.

I definitely reject the dictator. But will - am working, and do know. that we owe our children a better option

Expand full comment
Jul 11·edited Jul 11

It's not a "technical correction", it's a misunderstanding on your part about the relationship between fascism and for-profit corporations.

"White nationalism" is nonsensical as applied to interwar Europe. There were basically no non-whites there. Instead they had... nationalism.

The 1971 Powell memo did not propose any kind of "dictatorship", and if you'd actually read it you'd know that (you're welcome to provide any quote from it about moving legislative power from Congress to any individual). Corporate personhood goes way back (in fact the concept of a corporation as a fictive legal person dates back to the law of ancient Rome, though such corporations tended to be things like temples), and was explicitly recognized by the Supreme Court way earlier.

Expand full comment

Indeed white nationalism is more specific to the American experiment, Aryan more specific to Hitler. As to corporate personhood, indeed that perversion goes back to a lie in the Head notes of a decision around the 1870's (Hartmann's discovery); which followed forgery presented by Conkling (who participated in writing 14A) with the same intent. Love and nurture of corporations was Not foremost in the those who wrote the Constitution or Declaration. The Boston Tea Party was about monopoly (low) pricing of British East India Company of tea intended to put local merchants under (shades of Amazon to come). And well before the Constitution was inked Adam Smith spoke to how corporations had to be carefully regulated as monopolies were self-destructive. . . Sherman anti-trust. . . Powell joints in'76 Valeo, pens '78 Belotti. . . Reagan stops enforcing anti-trust. . . Powell didn't have to spell out the myriad ramifications. . .

Expand full comment

"Love and nurture of corporations" is a separate question from whether corporations are legal persons (accused criminals are also legal persons, and we aren't required to love and nurture them). Without legal personhood a corporation is not a corporation at all. I'd advise you to read Timur Kuran's "The Long Divergence" on how Islamic law formed an obstacle to forming corporations and how that resulted in differences from the west. To understand how the west developed corporations, read Harold Berman's "Law and Revolution" on how Roman corporate law was rediscovered in the 11th century, and finally Wallace, North & Weingast's "Violence and Social Orders" on how property became fee-simple and corporations shifted from the government-chartered monopolies from the time of the founding to the at-will Delaware charters we have now.

I said you were welcome to provide a quote from the Powell memo. You still haven't done so, and I'm guessing you still haven't read it. You won't be able to find anything in there about anti-trust or monopoly, because the memo doesn't discuss that.

Expand full comment

Powell had a Machiavellian brilliance. He didn't say the quiet parts - were they not obvious in the text, results should inform the intent. A shallow deception is trickle down Tax Cuts. The media still question why they were repeated when obverse results consistently obtained; but of course the results were exactly as expected. The President of the Heritage Foundation remarking that the 2nd AR need not be bloody - that is not subtle.

Expand full comment