Why American Internet Should Be a Public Utility

NEW ATTACKS COMING ON YOUR INTERNET--Back in June, when the insanity of the election and the chaos to follow was simply a glistening bomb lingering on the horizon, the United States Court of Appeals in the D.C. Circuit made a huge decision regarding the future of how America looks at the Internet. In the decision, the court upheld the Federal Communications Commission’s rules over net neutrality, which require Internet service providers (ISPs) to treat all traffic equally.

At the very least, it kept the lid tight on the can of worms that would allow ISPs to offer preferential treatment (read: faster load times, more bandwidth for video streaming) to websites that chose to pay whatever money the ISPs wanted, deregulating the Web into a purely capitalistic experiment that also, weirdly, gave the power to the near-monopolistic gatekeepers. It would probably have been really bad.

But more than the specifics, the case moved the needle in the minds of those considering how the Internet should act. Should the Web be a battle of private enterprises butting up against one another to, theoretically at least, provide consumers with the fastest, most reliable, most affordable service? Or should it be thought of as a public utility, something like electricity or sewage, owned by singular communities?

The biggest argument for keeping the Internet as it currently exists is that its “free market” incentivizes innovators to invent new products. The other pathway would lead toward a bureaucratic mess that takes over any public institution. But the failure with this line of thinking is that the Internet marketplace was never really a free market. Most of this has to do with its history.

At first, the Internet was a dial-up service, in which computers talked to one another by piggybacking onto the pre-existing copper wires of telephonic infrastructure that was already in place throughout America. As such, this Internet was essentially just a visual version of a phone system: It was slow and unwieldy, sure, but it also could be turned off and on as you would a phone call. When broadband Internet came around — in the form of either cable or DSL — the entire concept of the Internet suddenly shifted from a portal into a 24/7 link into this other world.

The Internet marketplace was never really a free market.

Since the demands of this connection far outpaced what dial-up wires would allow, this development necessitated a whole new infrastructure. Luckily, one was already in place: cable television.

In the eight years following the Telecommunications Act of 1996, cable companies spent upwards of $65 billion laying down additional broadband networks that were able to “provide multichannel video, two-way voice, high-speed Internet access, and high definition and advanced digital video services all on a single wire into the home.” And because of this initial investment in infrastructure, the cable companies have had close to full control.

The market, therefore, was never really free, as much as those who succeeded were able to do so because they had an initial leg up. As a result, only a few massive companies have been able to compete with one another, and a majority of those competitions have ended in a kind of stalemate where they just end up carving up the marketplace block by block, or building by building, and forcing the residents to either choose their service or choose nothing.

Maybe your own place isn’t like that. Maybe you have multiple choices when it comes to deciding where you want your Internet from. If so, that puts you in the minority. According to a 2015 report by the American Consumer Satisfaction Index, 61 percent of U.S. households have either one or zero choices when it comes to high-speed broadband providers in their area.

But this kind of thing already happened in American history a little over a century ago with this newfangled thing called electricity. As Susan Crawford writes in her book Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age:

[P]rivate electrical companies consolidated, wielded enormous influence in state and national legislatures, cherry-picked their markets, and mounted huge campaigns against publicly owned electrical utilities, calling them “un-American.” At the beginning of the twentieth century, private power companies electrified only the most lucrative population centers and ignored most of America, particularly rural America. Predictably, the private utilities claimed that public ownership of electrical utilities was “costly and dangerous” and “always a failure.

This practice ended in the middle of the 20th century, when electricity was soon considered a “natural monopoly,” meaning that the high barrier of cost of entry — you can’t just pool together money and construct a power plant and transmission wires — meant that it didn’t make sense for competitors to invest money in this business. Other examples like public water and garbage collection work the same way. One publicly owned company is good enough for each district to handle its own business; there are hundreds of electric utility companies in the U.S., each servicing a relatively small chunk of the country.

Many would argue this is the direction American Internet should head.

As it stands, there is not only no incentive for the cable companies to not only expand far beyond the metropolitan areas where there are residences — it doesn’t make fiscal sense to go much further, which is why 43 percent of rural California residents have no broadband access— but there’s no real incentive for them to even innovate their products to provide better service for their existing customers. They’re getting their $50–80 a month for their substandard service anyway, as the only other choice is cutting the cord entirely. 

Perhaps the dissonance is one of first impressions. When the Internet was introduced, it was a strange portal into a hidden “other” world. There was an entry point — PC computer screen, dial-up modem — so there was a division between being online and off. That has completely changed, not least because of the smartphone. Now, if you don’t have the Internet at home, you miss out on connecting with peers and culture, sure, but also the ability to bank, work, or do homework.

In the 20 years since the Telecommunications Act of 1996, the Internet has gone from optional to obligatory. It is now a part of the world. It only makes sense to change the way it’s delivered.

(Rick Paulas writes for Pacific Standard Magazine … where this report was first posted.)

-cw

The Real Reason Carl’s Jr. CEO and Trump’s Labor Nominee Ran for Cover

CAPITAL & MAIN REPORT--Andrew Puzder (photo above), whose nomination by President Donald Trump to head the Department of Labor ignited heated controversy even against a field crowded with contentious cabinet picks, withdrew his name from consideration Wednesday afternoon. Puzder, the CEO of CKE Restaurants, the corporation that owns Carl’s Jr. and Hardee’s diners, was the target of growing criticism amid charges he and his company had a history of shortchanging store workers and managers of wages and promotions, as well as discriminating against women and minority employees.

Puzder was the subject of a six-week series of investigative stories by Capital & Main, which was widely cited in other media outlets as well as in Senator Elizabeth Warren’s February 13 letter to Puzder. Our team of reporters found a widespread pattern of alleged employee abuse at CKE Restaurants, which has been named in dozens of civil suits and federal complaints. The public record of these court cases, alongside our interviews conducted with current and past employees, reveal a male-dominated culture extending from CKE’s highest executive ranks to franchise store kitchens — and a company that seems to operate with impunity and a special contempt for employees who are seen as weak or a burden on the company.

Focusing on Puzder’s more than 16 years as CEO of CKE, our stories uncovered the following: 

  • Seventy-eight employment discrimination cases filed in federal court alone, more than any other large U.S. hamburger chain on a per-revenue basis. 
  • Six Equal Employment Opportunity Commission cases filed against CKE and its restaurants, far more than any other large burger chain on a per-revenue basis, with the exception of Sonic Drive-In. The EEOC only takes on the most serious of discrimination cases. 
  • Twenty-seven cases, representing 41 people, filed in California state courts against CKE directly, alleging wrongful termination or discrimination in the company’s decision to fire employees. Of these cases, 20 of the employees involved worked at the store level, 12 of the employees involved worked at the corporate level, and 10 cannot be undetermined. 

These cases show a similar pattern of workers being targeted for termination and harassment, including: workers who get sick or take medical leave, including maternity leave; workers who go to human resources offices for help with sexual harassment, discrimination or safety violations; and workers who are older and have worked their way up to a higher salary. (These legal complaints do not include the many cases that deal with wage and hour violations.) 

  • Twenty-two complaints filed with the California Department of Fair Employment and Housing alleging discrimination at CKE or its franchisees. 
  • One lawsuit filed in California at the executive level of management describing behavior by Puzder and his executive team that was discriminatory and sexually inappropriate. The lawsuit alleges the kind of sexual harassment that was reported in recent interviews collected by the Restaurant Opportunities Center with workers in Hardee’s and Carl’s Jr. restaurants. It depicts a culture in which women are demeaned, sexual impropriety is tolerated and those who complain are punished. 
  • Nine interviews with former or current workers, most describing the same working conditions alleged in the lawsuits — an environment where employees have no security, where discrimination is persistent and where anything seen as making a worker inconvenient or too expensive is grounds for termination. Two workers had positive things to say about the work environment. 
  • A practice at some locations of paying employees with fee-based debit cards, resulting in sub-minimum wages. This practice was found by the Department of Labor to violate minimum wage laws in a 2014 case involving Hardee’s. 
  • A refusal to take responsibility for labor violations at franchised locations. The basis for this position is the assertion that the company does not exercise control over the behavior of franchisees – despite the fact that CKE requires franchisees to sign a highly detailed agreement stipulating a wide range of conditions. That same agreement exempts CKE from any responsibility for compliance with labor laws.

(This analysis was posted first at Capital and Main.) 

-cw

The New Flip-Flopper-in-Chief

GELFAND’S WORLD--When presidential candidate John Kerry famously said, "First I voted for it, then I voted against it," the Republicans grabbed the quote and ran with it. The term flip-flop became embedded in our language to imply a particularly unacceptable form of political action. With the current president, the verbal flip-flop is a way of life. 

One evening this week, the Trump administration announced that General Michael Flynn had resigned as National Security Advisor because of a problem of trust. (By that point, the whole world had been told that Flynn had openly lied to the Vice President.) In an amount of time approximating the interval required to cool your soup, the president turned around and blamed Flynn's political demise on the press. They treated him unfairly, etc. etc. said Trump. 

Trump makes Richard Nixon look like a professor of logic. 

Did Michael Flynn freelance, going out on his own to create a back channel with the Russian government, or was he doing Trump's bidding all along? Is it just happenstance that so many of Trump's inner circle have had close ties -- paid work, in other words -- with Putin's government? Anyone remember Paul Manafort? 

So which is it? Was Trump in the loop or not? I don't think this is a really difficult question. 

There is a growing movement within the center and the moderate left to push for continuing investigations of the ties between Trump and the Russians, although some of it is couched as calls for investigations of Flynn while some is more direct. What's interesting is that some solid conservatives are curious enough to be speaking out, John McCain among others. Perhaps this is one way for McCain to do a little getting even with the man who insulted him so profoundly. Or perhaps McCain is just doing what he sees as his patriotic duty. 

Whichever way it is for McCain and the other few (as yet) Republicans in congress who will push the question, it is inevitable that the subject will be kept alive by opinion leaders including the news media. We can expect the same from presumptive candidates for office and pretty much from every living Democrat. If you see a Democrat who is not already complaining, check to see if there is a pulse. 

The Trump administration will continue doing its best to cover things up, but the first month shows how difficult that is going to be. The fact that Flynn's phone conversation with the Russian ambassador has become public knowledge was, not to put it too dramatically, just the beginning. Did Trump know about Flynn's conduct or not? It's pretty much that simple. A prediction: It will eventually come out that Trump knew about Flynn's activities, and things will accumulate from there. 

If you'd like a fairly comprehensive view of the links between Trump and the Russians, take a look at Steven Harper's chronicle posted on Bill Moyers' site.  

Thinking about things other than politics 

I like to write about local theater companies in the harbor area. One of the best was known as the Theatrum Elysium. They moved out of their 7th Street quarters last year and more or less fell off the radar. Except that they didn't, at least to local movers and shakers. The original company is now resurrected as the Elysium Conservatory Theatre, and it is enjoying glorious new digs in the space that used to be Ante's Restaurant, once a legendary San Pedro center for conversation, drinks, and mostaccioli. Now the old restaurant space holds a newly enlarged company of actors, both youngsters and seasoned veterans. 

Company director Aaron Ganz likes to lead with Shakespearean heavyweights. The previous 7th Street location opened with Hamlet. This year's season leads off with Romeo and Juliet on March 31. 

I'm treating this as a story about the creation of art by an organization through its newly enabled recreation of itself as an artistic fount. 

So what's new with the ECT? In other words, what's in store for Romeo and Juliet that hasn't been done a thousand times before? And we might even ask, why is it necessary to do anything different when the original is a pillar of western culture? 

I can't argue that there should be anything new or novel -- or that there shouldn't be. Shakespeare has been performed by companies that transform the era, the venue, the surroundings, or all of the above, and it generally has not been a hindrance as long as the language is preserved. Shakespeare is also performed in its original trappings to wondrous effect. 

So what is the deal with a new Romeo and Juliet that may be worth a trip down the Harbor Freeway? Aaron has some ideas of his own that are worth pondering. His theatrical style has been expanding to the exploration of the use of choral voices along with dance to interpret and communicate the undertones of the great works. The idea isn't all that new actually, going back at least as far as the ancient Greeks. But it's rewarding to watch the development of a new score to accompany something like Romeo and Juliet. 

This is, in fact, operatic, as Aaron himself comments. In opera (and for the last century, in film) the musical score accentuates what is happening inside of the characters' heads, sometimes communicating an inner emotion when the character's outward expression is more controlled. You might say that the actor's voice and the musical score harmonize with each other in the emotional sense. Wagner even used musical phrases (leitmotif's) to carry on a musical dialog that could be entirely apart from the thoughts and words of the singers. 

So far in early rehearsals, we are seeing the development of a choral piece that accompanies the scene in which Romeo kills Tybalt. It's been interesting watching and listening to the music director as he brings the actors to express grief, pleading, and vengeance using only four or five notes, but coached to bring varying intonations and volume, sometimes at an enormous level. It was also fascinating to watch the dance director bringing together a group of young Shakespeareans to communicate the moods of the play using moves varying from classical to hip-hop. 

I'll be continuing to follow the creation of this production over the next month as a study on the process of creativity. 

Addendum 

My previous piece here in CityWatch, in which I predicted that the American Republic would survive the Trump administration, provoked a couple of serious comments. 

One pointed out that the judiciary in 1930s Germany was not ultimately able to resist Hitler, even though it tried mightily for as long as it could. I was aware of this history in a general sense, but thank the commenter for stating it more clearly. The substance of my argument was (and remains) my judgment that acceptance of the role of the judiciary is strongly embedded in American culture. 

In brief, the decision of a single federal judge in the state of Washington prevented the execution of a presidential order, at least for the time being and the American people in general understood that this is our way. I did not pursue the argument further to point out that Anglo-American law -- and therefore the culture of our two realms -- includes a strong element of common law. That is to say, we frame many of our social and economic arguments in terms of legal questions, and from those questions our system creates precedents. 

It's hard for us as Americans to imagine the system being different, but it is significantly different in other parts of the world including Europe. The American people accepted that the Supreme Court had the authority to judge the Constitutional validity of the Affordable Care Act. Many of us worried about the outcome, but we didn't directly challenge the balance of power. Even when 1960s era segregationists disagreed hotly with Supreme Court decisions, their demand was that the Chief Justice be impeached, a legally defined remedy under the written Constitution.

 

(Bob Gelfand writes on science, culture, and politics for CityWatch. He can be reached at [email protected])

-cw

Kareem Abdul-Jabbar Suggests ‘La La Land’ Sends a Bigoted Message about Black People

FILM POLITICS--Kareem Abdul-Jabbar has shared some incredibly poignant thoughts on the way Oscar-favorite “La La Land” handles its black characters. 

The critically-acclaimed film stars Emma Stone as an aspiring actress who falls in love with Sebastian (Ryan Gosling), a struggling musician with dreams of opening his own jazz club one day. 

In an op-ed for The Hollywood Reporter published Wednesday, Abdul-Jabbar praises the film for being “bold, daring and deserving of all its critical and financial success,” but points out that it has a few weaknesses, specifically “its portrayal of jazz, romance and people of color.” 

The NBA icon thinks the film’s biggest fault is in its only main black character Keith (John Legend), a jazz musician who has found success in the mainstream. 

“No, I don’t think the film needs more black people,”Abdul-Jabbar explains.

“Writer-director Damien Chazelle should tell the story as he sees fits with whatever ethnic arrangement he desires. However, it is fair to question his color wheel when it involves certain historical elements — such as jazz.”

Abdul-Jabbar goes on to add that he’s “disturbed” by the fact that the only major black character in the film is portrayed as “the musical sellout,” while Gosling’s character is seen as more authentic and more passionate about jazz.

“It’s not that a black man can’t be the sellout or the drug dealer, it’s just that they shouldn’t be if they’re the only prominent black character in the story,” he says.

“Whether it’s intentional or unintentional, that sends a bigoted message rippling through our society.”

“La La Land” is currently the favorite to win Best Picture at the upcoming Academy Awards, where it leads with 14 nominations. 

(Zeba Blay is culture writer for Huff Post … where this piece was first posted.)

-cw

 

The Miracle of Trump: Why Did Evangelicals Deliver the Votes for a Sinner?

ELECTION MIRACLE EXPLAINED--Eighty-one percent of evangelicals voted for Donald Trump. In a sense, the choice isn’t surprising. Trump’s nominee to the Supreme Court, Neil Gorsuch, is unambiguously pro-life, and Trump’s promise to “destroy” the Johnson Amendment — a provision in the tax code barring non-profits from political participation — closely follows the evangelical playbook. (Photo above: Donald Trump delivers the convocation at the Vines Center on the campus of Liberty University on January 18th, 2016.)

But in another way, Christian support for Trump is puzzling. Trump’s Christian bona fides are (at best) shaky and his personal demeanor, marked by swashbuckling moral indecency, contradicts the evangelical temperament. Evangelicals made these concerns widely known during the campaign. The Atlantic noted how the Trump vote “concealed deep, painful fractures.”

Still, for all the angst over electing a moral reprobate, the evangelicals delivered. Why? One explanation is pragmatic: The ends (desired political outcomes) justified the means (Trump’s ethically offensive personal demeanor).

But to stop with this explanation would be to overlook a deeper and less tangible motivation. Remember: Evangelicals — and Christians in general — elected a man who has systematically and blatantly denigrated women, suggested that he’d date his daughter were she not his daughter, proclaimed “you can never be too greedy,” mocked a disabled reporter, characterized Mexicans as rapists and criminals, and bragged that “the beauty of me is that I’m very rich.” None of this is especially Christ-like. Ends-means pragmatism can only take us so far.

To better understand the evangelical mindset, I contacted Jon Bialecki, honorary fellow with the School of Social and Political Sciences at the University of Edinburgh, and the author of the forthcoming A Diagram for Fire: Miracles and Variation in an American Charismatic Movement. Bialecki spent three years doing an ethnographic study on members of the Vineyard, an American evangelical movement that started in Southern California in 1975 and has since become a global religious movement (with over 1,500 churches). 

During his fieldwork, Bialecki attended Vineyard services, recorded and studied sermons, conversed daily with church members, visited prayer groups, observed and analyzed rituals (which often included casting out demons or being healed), and interviewed church leaders. He studied several Vineyard chapters, but eventually settled on one, a Southern California congregation whose leaders welcomed him into its inner sanctum. 

Vineyard members, as with many charismatic Christians, “are part of an evangelical Left concerned with combating racism and anti-immigrant sentiments, criticizing American military overreach, and exposing the deleterious effects of unhampered capitalism.” 

One might expect a congregation of evangelicals to be universally politically conservative. But, much to Bialecki’s surprise, this was not entirely the case with his subjects. He writes that some Vineyard members, as with many charismatic Christians, “are part of an evangelical Left concerned with combating racism and anti-immigrant sentiments, criticizing American military overreach, and exposing the deleterious effects of unhampered capitalism.” Many members “have even argued for a more open and affirming attitude toward gay, lesbian, and transgender people.”

These opinions did not always resonate well with the Vineyard establishment. Internal arguments sometimes ensued. But the fact remains that genuine political diversity — at least in terms of different opinions over specific issues — prevailed within the Vineyard community.

For all the diversity of opinion within Vineyard churches, members of the “evangelical Left” didn’t necessarily represent that diversity at the polls. While some obviously voted for Hillary Clinton, third-party candidates, or abstained from voting, many pressed the button for Trump despite the fact that his platform and policies ran counter to their political opinions.

On the surface, this disparity makes little sense. Why would people vote against their interests? Or could it be that we have misunderstood what is meant by “interests”? Bialecki thinks the latter. One of his central discoveries was that the evangelical mindset, whatever its political suasion, craves something beyond policy prescriptions to political change: it craves a miracle.

In an email, he explains: 

I was surprised how “left” or “progressive” many of these Vineyard believers were. But when they talked about political action, they kept on talking about “big things” where someone would change their mind, or where some unjust institution would fall away. In short, the surprising nature of the turn was what allowed them to understand politics as being “of God” and not “of Man” or “the flesh.”

It seems that what mattered politically was less the platform than the miraculous implications in its delivery. To a non-evangelical person, this distinction will likely seem inane, but, as Bialecki further elaborates the idea, “the progressive wing of the Vineyard, instead of calling for incremental social activism through coalition politics, is drawn toward hopeful anticipation of large transformative events.” Such a “politics of the miraculous” taps into a spiritualized disposition that not only favors the “logic of surprise,” but it’s a logic of surprise that “hampers the capacity to work through the usual institutions.”

Bialecki believes this quest for the miraculous is not necessarily limited to his Vineyard members. A lot of Christians — and I suppose some non-Christians — prefer to think in terms of miracles rather than contemplating the boots-on-the-ground work of incremental social change, at least enough to shape their choice at the polls.

Bialecki developed his argument well before the rise of Trump. But when I ask him to relate his research to the election of 2016, he explains: 

On the day after the election, Franklin Graham, the son of Billy Graham, posted on Facebook to explain why he felt that the “secular media” didn’t see [Trump] coming. The secular media, he said, was “shocked.” This, Graham said, was because they didn’t understand “the God-factor.” He explained that, all over America, Christians were praying, and that, when they went to the polls, “God showed up.”

Bialecki adds: 

There are two things that have to be highlighted here: first, this was counter to the usual order of things. Stuff like Trump’s election does not happen, and was even unimaginable by the secular media. This was, in other words, a surprise. The second thing to highlight was that the election was not framed as, say, a group of people reclaiming power after having been marginalized (which is one of many other ways that Graham could have presented it). It was presented as God showing up.

And he had weird hair, a fake tan, and small hands.

In 1964, the historian Richard Hofstadter published The Paranoid Style of American Politics. In it, he argued that American political activity was driven by paranoia-like fear of unknown corporate, intellectual, and religious conspiracies. Perhaps today, as the most recent reminder that American voters of all political persuasions do not necessarily vote their interests in the way we might expect them to, we should acknowledge the miraculous style of American politics. Trump, after all, is, according to Bialecki, “a break with the natural order of things.” He demands, in turn, “an unusual causal account.”

 

(James McWilliams is a Writer. Runner. Reader. Plant eater. Coffee snob. Impending recovering academic. Who posts at Pacific Standard  … where this perspective was first posted.)

-cw

Trumpism and Fascism: Parallel Politics?

GELFAND’S WORLD--A large number of intelligent, knowledgeable people have been pointing out the parallels between Trumpism and the development of Fascism and Naziism in 1930s Europe. The parallels are, indeed striking.  The Trumpist arguments are taken right from the totalitarian playbook -- that we are in dire straights, that only one man is capable of bringing us to safety, and that the process requires total loyalty lest we suffer further international humiliation. Our CityWatch colleague Doug Epperhart referred to the sum total of Trump's message as a witch's brew, a not unreasonable description of a poisonous mixture. 

If nothing else, Trump's propensity to lie is unique in the annals of the American presidency. This leads to the next question which has a few of the deep thinkers staying awake at nights: Does Trump actually believe the statements he makes with such surety? Does he believe deep down that the crowd at his inauguration was larger than Obama's or that millions of illegal votes were cast in the presidential election? 

The difference is between that of a pompous ass vs. somebody with some form of mental illness. Is it bluster or is it delusional thinking? One respected political writer, Andrew Sullivan, argues that it is the latter.  Sullivan's piece is worth reading in the entirety. He invites us to imagine a neighbor whose newly painted living room is blue, yet continues to describe it as red. (I know, it seems a bit simplistic, but it fits the inauguration argument perfectly.) Here's how Sullivan sums up: 

"If the next time you dropped by, he was still raving about his gorgeous new red walls, what would you think? Here’s what I’d think: This man is off his rocker. He’s deranged; he’s bizarrely living in an alternative universe; he’s delusional. If he kept this up, at some point you’d excuse yourself and edge slowly out of the room and the house and never return." 

Whether Trump is merely a liar's liar and a bully's bully or whether he is already at the point of delusion is, I think, yet to be determined. Only those extremely close to him might possibly know, and their behavior since before the Republican convention tells us that whichever way it is, they are in on the scam. 

So the question we have before us might be summed up as follows: Is this 1933 all over again, or is it merely 1968? Is it the beginning of fascism in America -- and the consequent loss of some of our liberties -- or are we just going through a phase in which the prevailing political power in the executive and legislative branches is not to our liking? Is it to be a horrid disaster or just a political setback? 

In assaying the prediction I am about to make, I understand full well that I will be disappointing a number of friends and colleagues who live in other countries or came here from elsewhere. They recognize the parallels all too well, particularly those who lived at one time or another under dictatorships. They chuckle (a little contemptuously) at what they see as my naivety. But my response is that in some ways we are seriously different from Europe in 1933, or Asia or South America at other times. There are two main reasons. 

The first: If anything can save us, it is an independent judiciary serving under a written Constitution. The defense against dictatorial conduct will depend on what Trump referred to as a "so-called judge" and a few hundred of his colleagues. We can also put some small hope in members of congress who went to law school and practiced law before going into politics. 

Why do these things matter? The comparison comes down to the relationship between the European and his sovereign prior to the twentieth century. Admittedly there are nuances, but the concept of individual rights, particularly of minorities among the majority, is more entrenched in American thought going all the way back to 1788 than existed in 1933 Germany or Italy. 

To put it more simply, any attempt by Trump to muzzle the New York Times or CNN shouldn't last very long in the federal courts, certainly not at the lower level. We should also be able to expect of higher courts including the Supreme Court that they will find within themselves the duty to uphold the most fundamental rights of Americans. Freedom of speech, religion, and the right to assemble (ie: to join demonstrations on public streets) will be upheld by the courts. We have the right to expect this from our judges. 

And yes, I would be the first to agree that there have been a lot of bad decisions made by the Supreme Court over the years, just as there have been many bad laws introduced in state legislatures. But good decision or bad, each has been made under the basic fundamental fact that the Constitution exists and that it is the supreme law of the land. It's been a long time now that our Constitution has been in effect, approaching two and a half centuries. We're coming up on half the age of the Roman empire, even if we still think of ourselves as a young country. 

So any federal judge faced with the latest lawsuit over a Trump executive order has that tradition at his back. It's in our blood and bones. 

The difference between Americans and our foreign-born colleagues is that we Americans expect our institutions, including the armed forces and governmental agencies, to obey the lawful orders of the courts. We expect the courts to follow the Constitution. We've seen worrisome tendencies such as the secret powers conferred by the Patriot Act, but we have the right to expect that our fellow Americans will not give up all our liberties for an emotional security blanket. Trump is wrong to think that he is the one necessity in order that we be saved from a hideous menace. Rather, he is the menace, and it's the sum total of our Constitution, our fealty to its principles, and the agencies we have developed in their defense that we should depend on. 

The second reason to argue that this is just 1968 and not 1933 is that we've been through the Second World War, we've seen communism and dictatorships, and we've learned from them.

 

(Bob Gelfand writes on science, culture, and politics for CityWatch. He can be reached at [email protected]

-cw

Fairbanks, Murfreesboro, Oklahoma City, Los Angeles … The Resistance is Mounting

GELFAND’S WORLD--What do Fairbanks, Alaska, Murfreesboro, Tennessee, and Oklahoma City, Oklahoma have in common with Los Angeles and San Francisco? The answer: All of them have newly established resistance groups dedicated to opposing Donald Trump's policies. How this came to be, and how the rest of us can join in opposition to Trump's craziness is a short but fascinating story. 

In these first 3 weeks of the Trump presidency, the shocks have piled up, one outrage atop the other, ranging from the billionaire's club of unqualified Cabinet appointees to the president's executive orders which spurred tens of thousands of our fellow citizens to take to this country's streets and airports. 

It became painfully obvious that resistance is necessary. It was equally obvious that we couldn't bumble along as before, with hundreds of different groups, each with its own vision and agenda, and each believing itself to be the epitome of progressivism. Some of us (such as me) even cling to the old fashioned term liberal, as opposed to the new-fangled (i.e.: since Ronald Reagan) term progressive

This is a national emergency. We have to put our differences aside. The stakes are too great. For some, such as the people who would lose their health coverage under the extremist right wing, it's literally a matter of life and death. For the country as a whole, it is the question as to whether this nation will face up to critical challenges such as global warming or be stuck in denialism. 

We have to be effective, and that means that we have to be together. Many of us have reached this conclusion either independently or by reading each others' blogs. There is really only one meaningful question: Which group shall we mutually create and then join? 

I think we have an answer. 

Only a few days back, I (like so many others) was musing about the spontaneous development of a leftward-leaning version of the conservative Tea Party. I even linked in passing to an instruction set, as it were, for how it might best be done. The instruction set was titled Indivisible. It explained how the right wing Tea Party had developed and how it had acted in order to damage the work of the Obama administration. The description of how to be your own progressive version of the Tea Party is the part that is of interest. 

And apparently a lot of people all over the country took the hint, read through the guide book, and joined the movement. 

Indivisible is the resistance. How do we know that? One clue is that within the past few weeks, close to 5000 groups have joined in the Indivisible coalition. 

By the way, the authors of the Indivisible guide point out that at this moment in history, the best approach to resistance is to create groups that act locally and defensively. That is to say, the message is to stop Trump from getting away with what he is trying to do, and the way to do this is to stay on your congressman's butt without letup. We don't need to divide ourselves over long-term agendas. (Anybody really want to whine about the quest for single-payer when the Affordable Care Act itself is in jeopardy?) 

It's important to go to congressional town hall meetings and in the absence of publicly advertised meetings, to protest at any and all opportunities. The really advanced activists will be thinking about how to reach out to the media and to the people and businesses that have been supporting each congressman. 

So how do you join the movement? It's simple. Go to the Indivisible website and click on the button that says Find a Local Group.  A little basic math tells us that on the average, each congressional district will have about a dozen such groups. Obviously there are some places (such as Los Angeles) that have more. In fact, the L.A. area already has nearly 200 groups associated with Indivisible. But there are groups in Idaho Falls, Idaho and Casper, Wyoming, not to mention Chippewa Falls, Wisconsin. We need such groups to form up in every congressional district. 

As the authors of the Indivisible guide like to point out, the one most important issue to a congressman is getting reelected. Everything else is secondary. Let's apply that to a local congressional seat. Darrell Issa beat Democrat Doug Applegate by 1621 votes out of a total of more than 310,000. That's a little over half of one percent. How is Issa going to react when he is set upon by groups of people asking him about whether he will support phasing out Medicare? It's not just a gotcha question. It's a serious question that deserves an answer. In the past, Issa has been able to skate on such issues, but maybe this time things will be different. 

Meanwhile, there is some reason to think that the protests have had an effect on the Trump administration and on the congress in terms of their intent to do violence to the Affordable Care Act. They have been forced to face a lot of difficult questions about what it would mean to replace the ACA, and they are not coming up with good answers. As they start to move away from their original positions and start talking about repairing the ACA rather than destroying it, perhaps something can be salvaged.

 

(Bob Gelfand writes on science, culture, and politics for City Watch. He can be reached at [email protected]

-cw

 

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