The shamelessness of the FBI knows no bounds.
One of the biggest challenges the liberal order is facing in the West today arises from opposition to immigration. This opposition is understood, by the powerful for whom immigration provides access to cheap labor, as a sort-of racism that should be explained as an unwillingness to extend to foreign-born others the same rights we enjoy ourselves. Liberalism tends to universalize discussions of rights, so why shouldn't someone born abroad have the same rights as human beings born in America? It's obviously just selfishness on the part of Americans, a desire to continue to enjoy an unfair advantage (argue the masters of the capitalist order, who want these people to pick their vegetables at starvation wages).
That's not really what's driving the objection. The real force of the objection is that mass movement -- immigration or migration within a nation, doesn't matter -- disrupts and destroys communities that are the basis of almost all human meaning. It's not really an objection to the people coming in as if they were inferior people: it's an objection to communities and cultures being destroyed, when those things are where we get almost all of the sense of meaning we derive from human life.
A culture is defined as "a way of life." Ways of life exist among people who live together and share personal connections. You don't know and can't know everyone, but you do know the nice lady at your favorite coffee shop, or library, or bar; you know the people you met at church, or work, or school. You grew up participating in institutions like a church or the Boy Scouts or your town in your home state, with its local sports teams and friends you know from interactions around the place where you live. Together you have built a culture, and it really does depend on the stability of all those things.
While you get a certain amount of your sense of meaning in life from philosophy or your personal engagement with religion, most of your sense of meaning and being important comes from your interactions with other people. Those are the people who are part of your culture, including your family. When the institutions, including the family, are badly disrupted you lose the connections that make your life meaningful and worth living.
Of course human beings object to that. If you want a universalizing explanation a la liberalism, this is a universal human drive that is at work.
You can see just how universal it is by looking at the phenonmenon of objections to gentrification. Now gentrification has clear benefits, just like cheap labor results in cheap vegetables. The gentrifying town is getting nicer. Those who lived there thus have a nicer place to live, with less crime and better shops. They might even get a better job as wages increase and labor is needed by those better shops. Yet gentrification, another localized form of mass movement, is objected to just as strongly as mass migration of any sort. The people objecting to it are often on the other side of the spectrum of economic life, too: it's the poor objecting to rich people moving in, rather than richer people objecting to poorer people. The problem is the same one, though. The gentrification is disrupting the community, forcing people to move out as well as they can't afford the higher taxes and cost of living. Soon the institutions that sustain a meaningful life are broken up, families are dispersed seeking places they can live, churches cease to exist, and individuals are stripped of the relationships that made their lives important and worthwhile.
Liberalism doesn't have the machinery to address this basic drive. As mentioned it responds to objection to migration with charges of racism; it responds to objections to gentrification with a defense of property rights. The richer people bought that land fair and square, and now it's their land to use within the forms of the law.
Meanwhile even positive laws can't be allowed to violate fundamental rights, and both "equality of rights" and "property rights" are fundamental rights. The law might oppose illegal immigration, but you can't stand on the law when people are suffering: that violates their equality. The law might support gentrification, which is an exercise of a fundamental property right, so you can't oppose gentrification without breaking the law.
Part of the reason there's such fear of fascism in spite of an absence of fascism is that the opposition arising from this basic violation of a human need are characterized as fascists. Some of them, indeed, adopt the term for themselves because they also -- being liberals -- lack a conceptual non-liberal way of understanding this drive other than the one they are being charged with by their opponents. So they start chanting Sig Heil, accepting that they must be fascists because they can't walk away from the basic human need that the system is violating.
Mostly people don't do that, though. Mostly they just put up with being miscatergorized, and fight for what they know they need without having a way to explain that need that makes sense to others. Because the liberal order doesn't have a language for this, they can't make themselves understood to their opponents, and ultimately we aren't able to reason together about these problems.
That's too bad. Unless we find a way to transcend that contradiction, as Hegel might say, we're going to end up fighting over it. It's a stupid fight, too, because all human beings really do want the stability that allows for a flourishing community in which they can find meaning and durable relationships. The liberal/capitalist order violates that stability by its nature, because it is always organizing for maximal freedom and maximal economic efficiency. Stability gets in the way of those things, and thus is thrust aside. Literally everyone is less happy as a result, and yet the intellectual framework keeps us from being able to talk with each other about it.
The last time we saw the Federalist Party was in 1816. Still, they occupy an important place in American history—after all, they led the first coup, and a wildly successful one to boot. What, you ask? Recall—the US Constitution. The proto-Federalists seized the opportunity of their leading opponents being out of the country to declare a “Constitutional Convention”, despite the US already having a Constitution—the Articles of Confederation. Conveniently, the population of the country didn’t get to actually vote on this new Constitution.
There's something to this idea. You may recall that the Federalists favored, inter alia, the Bank of the United States. They managed to enact this central bank, and it survived until the first genuinely democratic counterrevolution led by Andrew Jackson destroyed it. No central bank existed in the United States until another anti-democratic coup established the Fed in 1913 (a non-government organization that was ceeded the power to control the American dollar). Revoking the Fed's authority is often discussed by Americans interested in politics, but it is almost anathema among those who actually get elected to office. You might ask if we are on the verge of a similar counterrevolutionary effort now, and if that isn't what Wauk calls the Uniparty really fears.
If you are inclined to accept that the enactment of the Constitution represents a kind of coup, because it represented a real realignment of power that was only covered by a veneer of procedure, there have been several others in American history. Some of these are more-or-less popular, but they all represent points at which the legitimate forms of power transfer were set aside and the result was papered over with legitimacy after the fact. A brief list off the top of my head:
1) The Reconstruction Amendments (13, 14, 15). These were ratified by main force: states were placed under military occupation until they agreed to ratify them as a partial condition of resuming self-government. Notably Congress allowed these states to change their ratification votes from 'no' to 'yes,' but refused to allow free states in the North to change their votes from 'yes' to 'no' when some of them attempted to do so as a protest against the anti-democratic force being used. These amendments are popular today, and probably now enjoy wide democratic approval (especially the 13th). Nevertheless, especially the 14th Amendment centralized power in the Federal government. That power has been used for purposes both good and bad: it was the core of the Civil Rights crusade against Jim Crow, which was good, but it is also behind the current effort to remove a certain candidate from the ballot even though he appears the odds-on favorite to be elected by the people. Love or hate that guy, the move threatens to delegitimize the election and really the entire system in the eyes of much of the citizenry.
2) The Fed, as mentioned already. There was a law passed, but this was really an Article V-level transfer of power from the government to a nongovernmental organization led by the banks and the rich. It definitely would not have survived the amendment process, so they stole it.
3) The New Deal. FDR had a significant amount of democratic legitimacy, but his efforts were unconstitutional -- as the Supreme Court determined several times. So, he ran the court packing scheme in order to (successfully) intimidate the Supreme Court into letting him do exactly what they'd said several times was unconstitutional. The biggest part of this power transfer was allowing Congress to delegate its lawmaking authority to the bureaucracy. That's how we got into the mess with ossification that we have today: it allowed for a vast administrative state of the kind that Max Weber was warning against at about the same time (see the Weber commentary on the sidebar).
*4) The JFK Assassination. I am giving this one an asterisk and not counting it because the facts still aren't fully clear; however, it is widely believed to have been a coup by agents within the government. Was it? I don't know.
4) The Coup against Nixon: The election of 1972 was a landslide in favor of President Nixon, who used it to finalize his end to the JFK/LBJ Vietnam conflict. The administrative state turned against him and worked with his opponents outside the government to set up a popular campaign to impeach him. His resignation was legal, but it resulted in a power transfer to agents of Wauk's "Uniparty" that allowed them to undo much of what they feared he was doing.
5) The Obama-era "Iran Deal." Obama's government set up a series of fake NGOs that they then credentialed by having the White House recognize them and treat them as legitimate experts. The media was thereby taught to listen to them and re-report their 'findings' as if they were real experts. (This is not in dispute: Ben Rhodes, Obama's message guy for this 'echo chamber,' explained it all in an interview with the New Yorker after the fact.) With the appearance of strong NGO support and the media almost universally echoing it, Obama got away with inverting the treaty approval process required by the Constitution. Instead of a 2/3rds majority of the Senate voting to ratify the process, he managed to set things up so that a 2/3rds majority was required to reject his approach. As a consequence, he got his agreement and Iran got a lot of money as well as technical help on nuclear power.
6) The 2020 Election. Setting aside the parts of the controversy that are in dispute, the "fortification" efforts described to the press by participants already suffice to make the election unconstitutional because they weren't carried out by state or Federal legislatures as the Constitution requires. I would also add the courts' refusal to grant standing (most egregious when Texas sued, as the Constitution clearly grants the Supreme Court the authority to resolve disputes between states), so that no one could challenge the results; and the widespread and successful efforts to prevent audits in the affected states, and to disable similar inquiries where they could not be prevented.
There are some other candidates we might mention, but this list already suggests that this kind of coup is an ordinary feature of American politics. When power finds its heart's desire to be out of order with the Constitution, a way is found around the legitimate order and then is papered over. We live with the illusion that the Constitutional order has been maintained since the late 18th century, but in fact it has been fundamentally altered several times without lawful process.
A short trip this time, but I’ll be back in DC until Friday evening. Light posting from the road.
Rep. Clay Higgins (R-La.), who has been investigating the Capitol riot, says that there were at least 200 undercover FBI assets embedded in the crowd, inside and outside of the Capitol Building.....FBI Director Wray has long refused to answer whether the FBI had assets dressed as Trump supporters at the Capitol that day.One point that Higgins made was that it is highly improbable that civilians would know how to get around the Capitol without help from people who knew where they were going.“There’s no way they can come in some random door that gets opened and then get their way directly to Statuary [Hall] or the House chamber or the Senate chamber. It’s just not possible,” Higgins told Carlson....Higgins says the evidence points to FBI undercover agents who planted the seeds of a "radical occupation" of the Capitol online before Jan. 6.... the evidence suggests that the Capitol riot, which has been used as a pretext to incarcerate Trump supporters without trial and to even prevent Trump from being allowed on the ballot in various states, was a set-up.“I’m following the evidence, and to my horror, it implicates our FBI at the highest level,” Higgins said.
The usual defense of entrapment as a tactic is that you couldn't entrap people who weren't at least somewhat open to committing the crime. If the crowd had been made up of people who would never consider rioting, committed to peaceful and lawful obedience at all times, even 200 instigators salted through the crowd would not be enough. To my mind police entrapment is always wrong, but that's their usual defense so it's fair to raise the point.
Likewise, Trump himself bears responsibility (link is to my post from that day) for having staged a rally so close to the counting action that was taking place. It doesn't require a brilliant mind to know that a riot was likely given that you concentrated so many of the aggrieved in one place, not that far away from where the votes were being counted. His poor judgment on that day is inexcusable even if the Feds were acting like complete scoundrels.
That said, the most inexplicable thing about the whole event was the cascade failure of the security systems in place to prevent such things. From about a week after:
One of the things I've been trying to piece together is how all the various security forces we have in place at the Capitol failed on 6 January. It's quite embarrassing, really: the Capitol Police alone have 2,000 men, the DC National Guard another thousand-plus battalion, and then there's the FBI, the Park Police, the Metro Police Department, the National Guard units from VA and MD that could be called with short notice, even the 3rd Infantry Regiment in Arlington (and the Marines not too far down the road in Quantico).
We had plenty of guys who could have been there, and plenty of advance notice of a demonstration likely to spin out of control. Yet somehow, dudes with bison hats were wandering the halls of Congress.
The simplicity of the explanation that the cascade failure was intended, and thus directed, is attractive compared to the nest of coincidences that would otherwise be required as explanators. It also explains why the FBI never found any suspects for the "pipe bombs" that were allegedly planted near party headquarters that day. I remember Jim Hanson -- former Green Beret -- and I looked over the photos and decided the 'bombs' pictured were probably mock-ups instead of real bombs anyway.
Now, the old saying that 'the simplest explanation is always best' -- which is itself a bastardization of Occam's Razor -- is not accurate. The true explanation is always best. Occam's Razor is a heuristic for gamblers, not a truth-identifying tool. The tangled-nest explanation of the cascade failure could be the true explanation: after all, we saw an even more complex cascade failure of our systems during the Afghanistan withdrawl the next year.
Still, a tool for gamblers does tend to identify high-probability bets. This one is worth looking into further, and keeping an open mind about, even if it is currently the fodder of hard right wing Congressmen and journalists.
How does one explain the paradox of Biden destroying his one sure means of victory and opting for a course that will probably lead to prolonged and indecisive conflict? The obvious explanation is to observe that is what he always does. He seems to prefer stalemates and chaos over clearcut solution. Why does he frequently do this? The answer is simple. It creates opportunities that would not exist in a clear cut situation. Turning 2024 into neither and yet both a regular election and insurrection would knock a lot of power loose for the grabs and this is perhaps the point.... Recent political developments become less confusing when we relax the assumption that events are ultimately about America. Ambiguity is the enemy of constitutional democracy, but confusion is the friend of operators and dealers. Perhaps the correct paradigm is not to judge events through the prism of national interest but by the criteria of factional gain.
I started reading The Meditations by Marcus Aurelius last night. Two years ago during January we read through the Enchiridion by Epictetus, who deeply influenced Aurelius' own thinking. In spite of that strong influence, I don't feel qualified to write a commentary on Marcus Aurelius' work in the way that I felt qualified to comment on the Greek's, whose own influences are well known to me.
Aurelius' work is strongly conditioned by his Roman upbringing -- I suppose everyone knows that he was a Roman Emperor as well as a Stoic philosopher. It is immediately obvious to me, from the opening lines of the first book, that he is starting in a different place.
Book One
From my grandfather Verus I learned good morals and the government of my temper.
From the reputation and remembrance of my father, modesty and a manly character.
From my mother, piety and beneficence, and abstinence, not only from evil deeds, but even from evil thoughts; and further, simplicity in my way of living, far removed from the habits of the rich.
From my great-grandfather, not to have frequented public schools, and to have had good teachers at home, and to know that on such things a man should spend liberally.
From my governor....
From Diognetus....
From Rusticus....
From Apollonius I learned freedom of will and undeviating steadiness of purpose; and to look to nothing else, not even for a moment, except to reason; and to be always the same, in sharp pains, on the occasion of the loss of a child, and in long illness; and to see clearly in a living example that the same man can be both most resolute and yielding, and not peevish in giving his instruction; and to have had before my eyes a man who clearly considered his experience and his skill in expounding philosophical principles as the smallest of his merits; and from him I learned how to receive from friends what are esteemed favours, without being either humbled by them or letting them pass unnoticed.
From Sextus....
This goes on for quite a while, each ancestor of blood or thought recognized and gratefully thanked for his heritage. There's nothing like this in Greek philosophy. Aristotle very often starts an inquiry by rounding up the opinions of the wise, but it is to explain them and then explain what is wrong with them. There's no point in a new enquiry if we already have the right answers, after all. Plato likewise uses his predecessors as a starting point for a new enquiry, with plenty of room to see how they were wrong as well as where they may have had ideas that are worthy of further exploration.
The Roman is aware of his heritage, his position in a tradition, and he is grateful to those who came before him for wise lessons. He still wants to explore the universal problems. He wants to talk about death, which comes to us all and washes away our positions and traditions and often even memory of them. He wants to talk about suffering, which comes even to Roman Emperors. Those are the real subjects of his meditations. Nevertheless, he begins with gratitude and acknowledgement, and a recognition of the wisdom of those who came before.
We do not protest the war on Gaza because we have an abstract right to do so; we protest it because it is one of the great moral atrocities of our lifetimes and because the widespread refusal to admit this in America is an atrocity in its own right.
Freedom of speech, when elevated to the status of a moral good, is just another name for thoughtful obedience. Under such a rule, the right of everyone to disagree is protected as long as the state’s authority to limit action is respected. This way, the state may ensure that conflicts of value never turn into contests of value; it blesses us with the freedom to argue about morality on the condition that we never decide who is right. Kant’s foremost goal, after all, was to minimize the possibility of what he called the “worst, most punishable crime in a community” — namely, revolution.
Unlike a rock or a fallen twig, a human being cannot just be broken or otherwise used for your amusement or instrumental purpose. A child might enjoy throwing rocks in a stream, or floating twigs down it; it might be useful to repurpose a rock as part of the foundation of your house, or a set of twigs to start a fire to warm that house. Another human being cannot be seized by force and used without their permission: this is to say that they have a dignity that rocks and twigs and the other merely material stuff of the world does not.
This follows the last post, the one immediately below.
The artisans, and the husbandmen, and the warriors, all have a share in the government. But the husbandmen have no arms, and the artisans neither arms nor land, and therefore they become all but slaves of the warrior class. That they should share in all the offices is an impossibility; for generals and guardians of the citizens, and nearly all the principal magistrates, must be taken from the class of those who carry arms. Yet, if the two other classes have no share in the government, how can they be loyal citizens? It may be said that those who have arms must necessarily be masters of both the other classes, but this is not so easily accomplished unless they are numerous; and if they are, why should the other classes share in the government at all, or have power to appoint magistrates?
American citizens generally are (and ought to be) the class who bears arms; and they are numerous, enough that the government cannot quite exercise the thoroughgoing power wielded in other places in spite of a powerful surveillance system operated jointly by the government and major corporations (in order to bypass constitutional protections that apply to the government but not the citizens).
Likewise, a voluntaryist system would not entail nearly as much power to begin with as a traditional government, relying for defense principally on the armed citizen militia and its unwillingness to brook troublemakers. This works here already, invisibly but actually: the Mexican cartels that cause so much trouble in Mexico are also present and operating in America. They do not attempt to terrorize our police the way they do their own: the police here aren't necessarily better, but they are reinforced by a huge mass of Americans who would defend them if called upon to do so. Cartels can often (but not always) terrorize the unarmed Mexican populace, but do not even try to take over American counties the way they do Mexican ones.
The system of voluntaryism also leverages another Aristotelian idea, that what he calls the middle class is the most trustworthy place to repose political power. (See here, here, and here; the reference in Aristotle is Politics V.Iff). By 'middle class' he means those who do not need to be paid a salary to do the work of government, but who are not rich enough that they can make their living without significant attention to business. By not being paid for the govenrment work, they are not that interested in governing compared to minding their own business: they will do what must be done, but no more, which is close to the Jeffersonian admonition that the government that governs best governs least.
I suppose I've written a lot about all of this over the years. All political solutions are likely imperfect, as the world to which they are intended to apply never quite matches our ideas about it, and also because of the identified problems in human nature. Still, I think this one has merit. I hope that at some point, when humanity next is looking for a good way to self-govern, elements of it might be incorporated or adopted as a general theory of how to go about it.