The Case For Covid Accountability (Or Not)

I read an article yesterday asking why America doesn’t prosecute Trump for his handling (nonhandling) of the pandemic. We all know what he did and didn’t do, and that that the USA is the world Covid leader, with deaths stalking the half million mark.[1] We also know that Americans move on. It’s what we do — it’s the American way. But that’s not why we wouldn’t try to hold Trump accountable. The truth is, even it we wanted to, we can’t – our law prevents it.

If we were talking about you or me, what are the options for holding us accountable? You read people saying Trump meant for all those people to die, to cull vulnerable populations. If you or I did that, our intent to do that would make it murder or manslaughter.

But he didn’t have to mean it, he could have just been incompetent, like being unqualified for the job. Or he could have actually believed his own fake truth don’t worry this will take its course and be over before you know it, hey look at me I had it and it wasn’t so bad, and besides it’s all China’s fault. Or gee, I was busy golfing that day and my mind was somewhere else. In other words, he could have just been negligent instead of intentional. And again, if that were you or me, we’d be in deep doo-doo.

Here’s a sample of how the law defines criminal negligence, which is the worst kind of negligence there is and therefore is the hardest to prove:

“To be guilty of criminally negligent homicide, the defendant must fail to perceive a substantial and unjustifiable risk that a certain result will occur, and the risk must be of such a nature that the defendant’s failure to perceive it constitutes a gross deviation from a reasonable person’s standard of care.”[2]

What do you think of those key phrases?

  • “The defendant must fail to perceive a substantial and unjustifiable risk that a certain result will occur.”
  • “And the risk must be of such a nature that the defendant’s failure to perceive it constitutes a gross deviation from a reasonable person’s standard of care.”

Do you think a “reasonable person” have noticed that death was “a substantial and unjustifiable risk” of ignoring a pandemic? Would a reasonable person’s “standard of care” suggest that it might have been a good idea to try to prevent disaster if you were in a position to do so? Seems reasonable. (And BTW, “reasonable” in this context doesn’t refer to what reasonableness-impaired nutcases think is reasonable. Instead it means what a… well, um, let’s say a more um, normal person – like one who’s capable of empathy — might think.)

The standard of care that applies when people throw around the word “negligence” is for lawyers to argue about, but at the very least, does a gut-level response suggest that there might be something unreasonable and uncaring about ignoring a plague?

Sure, yeah, okay, well maybe. But “gross” negligence means something special under the law. Gross negligence is not just your everyday plain vanilla run-of-the-mill inattentiveness – not just oh-gosh-I-guess-I-wasn’t-paying-attention-I’m-so-forgetful-sometimes negligence. Gross negligence is really trying to be incompetent negligence – it’s talk to the hand, can’t you see I’m busy here negligence.

Gross negligence, normal negligence… really trying to be blind when anybody who’s breathing would have noticed things weren’t going to go well if you just ignored the whole thing and hoped it would go away… none of those kinds of negligence make any difference. Turns out that Presidents get to be as negligent as they want.

Yes, that is gross. But it’s also the law.

And something else that doesn’t  matter is whether what Trump did or didn’t do actually caused those deaths. Like standard of care, causation is something else for lawyers to argue about – that’s what law school is for, to teach lawyers how to do that. Okay fine. But for Presidents, ignoring a plague to the point where hundreds of thousands of citizens in a country you’re supposed to be in charge of die unnecessarily, well that’s just fine. And the rest of us can just go ahead and assume all the very worst things possible and Trump still gets a get out of jail free card.

Why?

Because under U.S. federal and state law, a President can do no wrong.

Let’s take a moment for that to sink in.

Now one more time with felling: Under U.S. federal and state law, a President can do no wrong.

And it’s not just the President, it’s everybody else who’s a — what’s that phrase? oh yeah, “public servant” – none of them can do wrong either. Donald Trump, Ted Cruz, Josh Hawley, Lauren Boebert… all of those public servants…  none of them can do wrong.

Seriously. That’s what our law says.

I still remember the moment when I was sitting in a law school class learning about this. “Government needs to be free to govern,” my law professor explained. Okay, got it. It’s a tough job, but somebody’s got to do it. We hold people accountable, nobody’s going to want to do it. Better give them unlimited Mulligans than not have them in Washington working hard on our behalf.

The legal doctrine is “sovereign immunity.” It’s part of American law because when we started our country we brought English common law with us, because it was easier to do that than start from scratch. And English common law said “the king can do no wrong.”

“Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune to civil suit or criminal prosecution.”[3]

“Sovereign immunity finds its origins in English common law and the king’s position at the ‘apex of the feudal pyramid.’ In that pyramid, lords could not be sued in their own courts, ‘not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends.’ Thus, lords could only be sued in the courts of their superiors, but, for the king, ‘there was no higher court in which he could be sued.’” [4]

“The theory of the divine right of kings lent support to the proposition that the king was above the law-that he was in fact the law-giver appointed by God, and therefore could not be subjected to the indignity of suit by his subjects…. [Sir William Blackstone, author of the famous Blackstone Law Dictionary, said that] ‘Besides the attribute of sovereignty, the law also ascribes to the king in his political capacity absolute perfection… The king… is not only incapable of doing wrong, but even of thinking wrong: he can never mean to do an improper thing: in him is no folly or weakness.’”[5]

Nice to know that our legal system is doing its part to keep the feudal pyramid intact.

Nice to know that the king in his political capacity is absolutely perfect.

Nice to know the President is, too.

And can we talk for a  moment about “divine right”? The Divine Right of Kings was a favorite doctrine of the first King James of England –King James as in the King James version of the Bible.[6] It makes sense that somebody who has a Bible translation named after him would know about Divine Right. Export Divine Right to this side of the Pond, and now you’ve got Presidents and members of Congress and the whole scurvy bunch getting to act like they’re the King of England:  incapable of doing wrong, incapable of even thinking wrong or meaning to do something improper, because in them is no folly or weakness.

Hmmm, sounds just like Trump and his cronies.

And can we also talk about the Bible that says God has made “him [that, is mankind] a little lower than the angels” and “crowned him with glory and honor” and “has given him dominion over the works of your hands,” and “put all things under his feet.”  Psalm 8: 4-6 (There’s a reason why Biblical language is male-biased:  God Himself is a him – “a man of war” to be exact. Exodus 15:3) That’s the Bible that says, God has made him “A little lower than angels.” All disrespect intended, that’s a lie. The way it works is that God is way up there, the rest of use are way down here, and the ones a little lower than the angels are the people in government. Angels, when they’re not dancing on the heads of pins, get to be Death Angels and destroy people and things. The President and his enablers get to do likewise. The rest of us? Only in your dreams, pal – as the insurrectionists who stormed the Capitol are learning.

No wonder people want to be rich and powerful:  you get the adult version of a permanent hall pass. Turn a virus loose? No problem. Wage endless wars? You got it. Sic SS troops on Black Lives Matter protestors? Rock on, baby. You can get away with stuff now. Don’t like the service? Buy the place and fire the manager. No more nagging internal voice that says be careful what you say and do. God bless the child’s that’s got his own”[7] – that’s you, my friend, now get out there and sing “I did it my way”[8] all the way to the bank.

If we were honest, when the adults ask us what we want to be when we grow up, we’d all answer “I want to be God.” The more timid might wonder if they can be God without having the whole world in their hand, but they don’t need to worry, the best part of being God is nobody can put you on their naughty and nice list. You can theoretically have the whole world in your hands, but what you do or don’t do with it is all up to you.

And don’t tell me that the Man at the top of the cosmic pecking order has an internal moral compass that makes Him be nice and just and truthful, that sure He has His moments (like ordering genocide and authorizing rights of rape for his troops) but his love really is everlasting and his mercy really does endure forever.

Sorry, but I’ve read that book many times, and I know better.

True, the government can waive its own sovereign immunity,[9] and believe it or not that has actually happened before:  “The federal government did this when it passed the Federal Tort Claims Act, which waived federal immunity for numerous types of torts claims.”[10]

What do you suppose are the odds it could happen again, this time around?

Yeah, me neither.

So the reason why Americans aren’t suing Trump over Covid is not because we’re acting like Americans and letting bygones be bygones and calling for unity so we don’t slow down the march of progress that is our manifest destiny, it’s because we can’t. And we can’t because the Bible tells us so.

So the real culprit isn’t the Bible’s God, it’s the Bible, and in particular it’s the Bible’s worldview that thousands of years later still dominates our thinking about how life works, still undergirds our country, still explains why “Amazing Grace” gets sung at Inaugural festivities as a patriotic hymn like of course it belongs there, it’s part of what it means to be American.

Hey, hierarchies with God at the top are nice sometimes. They make the cosmos seem orderly, they give life meaning and purpose. They clean up the mess, make it so we don’t have to deal with being so damn… human… all the time.

I mean, screaming into the void does get old.

And just think what it would be like to actually have to think through a way to make sense of the messiness of human government in a way that would hold accountable people like former (praise be to the Autocratic God at the top of the pyramid!) President Trump – not to mention what that would mean for Republicans and the Christian Right and everyone else who might in the absence of King James Law be considered morally, ethically, and legally accountable for half a million deaths.

Yeah, that would be tough, all of that out-of-the-Bible-box creative thinking it would take to come up with something like that.  

Just like it would be tough to figure out whether a reasonable person might take a deadly plague seriously.


[1] Coronavirus Update (Live): 98,049,817 Cases and 2,098,153 Deaths from COVID-19 Virus Pandemic – Worldometer (worldometers.info). Some people think the U.S. performance isn’t so bad if you measure it per capita:  Mortality Analyses – Johns Hopkins Coronavirus Resource Center (jhu.edu). Great. Explain that to somebody’s friends and family.

[2] CO 18-3-305. Criminally negligent homicide – Law of Self Defense

[3] Wikipedia on Sovereign Immunity. See also Wikipedia on Sovereign Immunity in the United States.

[4] McCann, Miles, “State Sovereign Immunity,” National Association of Attorneys General, NAGTRI Journal Volume 2, Number 4. Although the article is technically about state – vs. federal — sovereign immunity, the quoted text applies to both.  See also the following quote from this monograph from the law firm of Debevoise & Plimpton, a New York based firm with a reputation for its commitment to diversity”  “At its core, the doctrine of sovereign immunity stands for the proposition that the government cannot be sued without its consent – that is, ‘the King can do no wrong.’ Sovereign immunity is simple in concept but nuanced in application.”.

[5] Pugh, George W., “Historical Approach to the Doctrine of Sovereign Immunity.” Louisiana Law Review Volume 13, Number 3 (March 1953).. Citations omitted.

[6] Owlcation

[7] Billie Holiday – YouTube.

[8] Frank Sinatra – YouTube.

[9] McCann, Miles, “State Sovereign Immunity” and Wikipedia on Sovereign Immunity in the United States

[10] Cornell Law School, Legal Information Institute.

Reparations [6]: Global Accountability – Part 1

“It is our true policy to steer clear of permanent alliances with any portion of the foreign world,” George Washington famously wrote in his farewell address. The phrase has long been used to justify “unilateralism” or “isolationism” in US foreign policy[1] — a position which is not justified by its historical context.

“To announce his decision not to seek a third term as President, George Washington presented his Farewell Address in a newspaper article September 17, 1796.

“Frustrated by French meddling in US politics, Washington warned the nation to avoid permanent alliances with foreign nations and to rely instead on temporary alliances for emergencies. Washington’s efforts to protect the fragile young republic by steering a neutral course between England and France during the French Revolutionary Wars was made extremely difficult by the intense rhetoric flowing from the pro-English Federalists, led by Alexander Hamilton, and the pro-French, personified by Thomas Jefferson.

“In his farewell address, Washington exhorted Americans to set aside their violent likes and dislikes of foreign nations, lest they be controlled by their passions: ‘The nation which indulges toward another an habitual hatred or an habitual fondness is in some degree a slave.’

“Washington’s remarks have served as an inspiration for American isolationism.”[2]

The US was a young nation barely twenty years old, isolated from Europe by a vast ocean. Why import the struggles we had left on the other side?

“Europe has a set of primary interests which to us have none; or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns.

“Our detached and distant situation invites and enables us to pursue a different course. If we remain one people under an efficient government. the period is not far off when we may defy material injury from external annoyance; when we may take such an attitude as will cause the neutrality we may at any time resolve upon to be scrupulously respected; when belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war, as our interest, guided by justice, shall counsel.

“Why forego the advantages of so peculiar a situation? Why quit our own to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor or caprice?”

Nations can and do build relationships with each other. So should we, but even-handedly.

“It is our true policy to steer clear of permanent alliances with any portion of the foreign world; so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronizing infidelity to existing engagements.

“Taking care always to keep ourselves by suitable establishments on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies.

“Harmony, liberal intercourse with all nations, are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand; neither seeking nor granting exclusive favors or preferences; consulting the natural course of things; diffusing and diversifying by gentle means the streams of commerce, but forcing nothing; establishing (with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to enable the government to support them) conventional rules of intercourse, the best that present circumstances and mutual opinion will permit, but temporary, and liable to be from time to time abandoned or varied, as experience and circumstances shall dictate; constantly keeping in view that it is folly in one nation to look for disinterested favors from another; that it must pay with a portion of its independence for whatever it may accept under that character; that, by such acceptance, it may place itself in the condition of having given equivalents for nominal favors, and yet of being reproached with ingratitude for not giving more.

“There can be no greater error than to expect or calculate upon real favors from nation to nation. It is an illusion, which experience must cure, which a just pride ought to discard.”

Unilateralism/Isolationism Today

Current American policy makes no such effort at even-handedness. Once considered the world’s “moral leader,” [3] we have withdrawn into moral isolation, abiding by a code of belief and behavior fashioned around populist nationalism. America puts America first and makes American great again – both initiatives driven by a notion of “freedom” founded on Social Darwinism applied both globally and domestically.

Globally, the US positions itself uncompromisingly at the apex of the food chain. Yes, we participated in the formation of the United Nations and other international s initiatives following WWII, but we also stand aside from them, tolerating more than participating.

Domestically, both economic and social policy are driven by the principles of free market capitalism. “Working for a living” displays good moral character and patriotism; needing a hand up signals depravity and dereliction of duty. Rugged individualism is strong and good; community-building is weak and insidious. Government is not in business to promote the public good. Life cycle needs such as education, healthcare, upward mobility, and retirement security are left to individual initiative and private enterprise.

A contrary approach of “floating all boats” powered post-WWII recovery and culture into the 1970’s. Since the 1980’s, that approach has been supplanted with hyper-competitive, hyper-privatized free market economics and social policy. The working middle class was the main beneficiary of the first thirty years, it has been the main casualty of the past four decades. Free-market evangelists promised a “trickle down” of wealth from the top to the bottom socio-economic classes. That promise has long since been exposed as bogus, but remains patterned into American culture and consciousness. As a result, American economic inequality is fast eclipsing its most extreme historical precedents — internationally, just prior to the French Revolution; domestically, in the heyday of the 19th Century “Robber Barons,” and again in the 20th Century’s Roaring 20’s.

The European social democracies were created during roughly the same time frame (1860-1930), but then reinvented themselves post-WWII to reject the Communist model, instead promoting both private enterprise and the public welfare.[4] Now, those nations are perennially the world’s happiest.[5]

Meanwhile, after four decades of free market Social Darwinism, the American electorate and its politicians now routinely demean the democratic socialists as weak and dangerous. Free market capitalism has become a form of secular fundamentalism, which now openly acts to deny citizens the most basic right of democracy – the right to vote – while brutalizing dissent with jackbooted law and order.

“In God We Trust”

“We the People of the United States,” begins the Preamble to the US Constitution. Nowadays, the “we the People” currently supporting the reigning ideology have made it into a cult[6] of patriotism. To be “free” to believe and act as we will, without regard to global context, is our greatest national good – the fulfillment of the American founding myth of God-ordained superiority. To true believers, the USA is the shining city upon a hill,[7] one nation under God, our manifest destiny[8] to sit at the head of the table of peoples, tribes, and nations – and from there, to subjugate the rest. God’s predilection for holy war consecrates our militarism as we follow a “leader” God is “using” to bring about global dominion.

It is not a stretch to suggest that the Constitution’s Preamble had something else in mind. After “We the People of the United States,” it continues, “in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

These days, promoting “the general Welfare” has been banned from national economic and social policy-making, leaving “our Posterity” in deep despair[9] over its future. America in 2020 — two and a quarter centuries after Washington’s farewell address –revels in its “splendid isolation.”[10] Our global consciousness has shrunk to the size of Washington’s day.

It has not always been this way.

Dismantling Globalization

Not long ago, the US-based corporate nation-states exploited globalization to achieve international dominance, evangelizing the nations with free market economics and American culture. Flush with dizzying success and newly freed to invest in the electoral process[11], they underwrote the public castigation of big government even as it sponsored monopolies, skewed taxation, and relaxed regulation to unchain predatory capitalism and release it on the world. American workers denied themselves a living wage to enable the use of cheap off-shore labor, tolerated decades of flat purchasing power and the evaporation of healthcare benefits and retirement security, until now we marvel at free market capitalism’s crowning achievement:  a labor market of short-term, temporary jobs with no benefits, augmented by the side hustle. And now, business doesn’t even need to pay payroll taxes, Social Security’s primary funding mechanism.

Having achieved ubiquitous commercial and cultural colonization, America opted out of globalization. We hyped up the privatization of what used to be the public good and we slandered social democracies by stamping them with the Communism label and conspiracy theories and allegations of one world government. Global economic opportunism? Yes, of course. Global military dominance? Yes, of course — because we can. Global community and accountability? No. No way. No effing way. We’ll go it alone. We’ll do it our way. That’s what Americans do.

And then, as we settled into the delusional security of walls literal and figurative, a new international force gave globalization a completely new, unforeseeable meaning.

Globalization and COVID-19

2020 has been called the second worst year in history. (The first was 536.[12]) A new strain of Coronavirus went global, fast. But the USA was too far along in its America First retrenchment. There was no place for a pandemic in our political and social consciousness. The virus was someone else’s fault  and someone else’s problem. We doubled down on our commitment to Social Darwinism. We cut funding for an already depleted healthcare system.[13] We quit the UN-sponsored World Health Organization.[14] Patriots rose up in armed rebellion against lockdowns and Christian fundamentalists declared that masks were “the mark of the Beast.” Both groups preferred death by virus over their perceived loss of freedom.

As a result, the USA became the world’s uncontested plague victims leader. Our populist champions of freedom are unmoved that our death toll — 178,000 as I write this — already matches nearly half the number of US military deaths of WWII[15] — a number which in turn matches all the deaths of Hiroshima and Nagasaki combined. (The latter brought about by bombs we cheerfully christened “Fat Man” and “Little Boy” as we sent them on their missions of mass civilian slaughter. [16])

A New Civil Rights Movement

Into the USA’s pandemic debacle came yet one more instance of murderous police racism, and a fresh anti-racism uprising was born – supported, ironically enough, throughout the world we defiantly rejected. Protestors took to the streets, risking the thuggery of newly-mobilized SS troops, while the pandemic disproportionately affected racial and ethnic communities.

“Long-standing systemic health and social inequities have put many people from racial and ethnic minority groups at increased risk of getting sick and dying from COVID-19. The term “racial and ethnic minority groups” includes people of color with a wide variety of backgrounds and experiences. But some experiences are common to many people within these groups, and social determinants of health have historically prevented them from having fair opportunities for economic, physical, and emotional health. [1]

“There is increasing evidence that some racial and ethnic minority groups are being disproportionately affected by COVID-19.Inequities in the social determinants of health, such as poverty and healthcare access, affecting these groups are interrelated and influence a wide range of health and quality-of-life outcomes and risks. To achieve health equity, barriers must be removed so that everyone has a fair opportunity to be as healthy as possible.”[17]

Slavery reparations enjoyed a brief resurgence in the early days of the new civil rights movement. But then…

Nothing Changed

Reparations require America to humble itself to the position of one nation accountable to the many. That we will not do. Abraham Lincoln assembled his “team of rivals”[18] to advise him on slavery. We will not do likewise re: reparations for the slavery that was officially ended by the Civil War but continued in de facto form for another century until officially ended again by the 1960’s civil right movement, but still continues in American systemic racism. But America doesn’t want to hear that. To American arrogance, the nation of “truth spoken to power” is the delusion of the powerless. American sovereignty denies any duty to other sovereign nations, let alone its own citizens, nor does it acknowledge any transnational duty to the human race.

As we saw last time, it was not always this way. The USA was once considered the world’s moral leader, but has now abrogated the role.

“We have had a system of international governance since World War II that reflects the ascendance of a set of commitments to individual rights and protections rooted in the UN system, emerging over time because the United States—full of its imperfections—has been a more benevolent power internationally than most empires historically,” says [Jeremy Weinstein, a political science professor and director of the Stanford global studies division], who served as deputy to the US ambassador to the United Nations from 2013 to 2015.

“A world without US leadership and without an international architecture that’s rooted in things like the Universal Declaration of Human Rights is a very different universe, and not one I’m sure most people would want to live in.”[19]

The Universal Declaration of Human Rights and the International Criminal Court

The “international architecture” referred to above includes an ideological statement – the Universal Declaration of Human Rights[20] — which is backed up by criminal enforcement – the international Criminal Court[21]. These together mean that if a country’s moral compass is askew, the international community is entitled to intervene as a matter of law. This architecture emanates from the UN, created in 1945, which issued the Declaration in 1948, and convened the international conclave that produced the Rome Statute in 1998 – a treaty which created the ICC, effective in 2002.

“The ICC is not part of the UN. The Court was established by the Rome Statute. This treaty was negotiated within the UN; however, it created an independent judicial body distinct from the UN. The Rome Statute was the outcome of a long process of consideration of the question of international criminal law within the UN.”[22]

The ink was barely dry on the Rome Statute when the United States announced its withdrawal from the treaty and its rejection of the ICC.

“One month after the International Criminal Court (ICC) officially came into existence on July 1, 2002, the President signed the American Servicemembers’ Protection Act (ASPA), which limits US government support and assistance to the ICC; curtails certain military assistance to many countries that have ratified the Rome Statute establishing the ICC; regulates US participation in United Nations (UN) peacekeeping missions commenced after July 1, 2003; and, most controversially among European allies, authorizes the President to use ‘all means necessary and appropriate to bring about the release’ of certain US and allied persons who may be detained or tried by the ICC.”[23]

“As of January 2019, 123 states are members of the Court. Other states that have not become parties to the Rome Statute include India, Indonesia, and China. On May 6th, 2002, the United States, in a position shared with Israel and Sudan, having previously signed the Rome Statute formally withdrew its signature and indicated that it did not intend to ratify the agreement.”[24]

Reparations Under International Law

In 2005, the same “international architecture” issued guidelines for reparations for victims of “Gross Violations of International Human Rights Law” and “Serious Violations of International Humanitarian Law.”[25] The Guidelines contemplate consistency across national and international jurisdiction:

“(a) Treaties to which a State is a party;

(b) Customary international law;

(c) The domestic law of each State.”

Accordingly, the Guidelines impose a duty to

“(a) Take appropriate legislative and administrative and other appropriate measures to prevent violations;

(b) Investigate violations effectively, promptly, thoroughly and impartially and, where appropriate, take action against those allegedly responsible in accordance with domestic and international law;

(c) Provide those who claim to be victims of a human rights or humanitarian law violation with equal and effective access to justice, as described below, irrespective of who may ultimately be the bearer of responsibility for the violation; and

(d) Provide effective remedies to victims, including reparation….”

In 2016, in furtherance of these Guidelines, the United Nations’ Working Group of Experts on People of African Descent issued a “Statement to the Media” after an official visit to the United States.[26]

“During the visit, the Working Group assessed the situation of African Americans and people of African descent and gathered information on the forms of racism, racial discrimination, xenophobia, Afrophobia and related intolerance that they face. We studied the official measures and mechanisms taken to prevent structural racial discrimination and protect victims of racism and hate crimes as well as responses to multiple forms of discrimination. The visit focused on both good practices and challenges faced in realising their human rights.”

The Statement begins with a careful recitation of the Working Group’s mission, requests, affirmations and denials, acknowledgments, recognitions, etc., then summarizes its observations as follows:

“Despite the positive measures referred to above, the Working Group is extremely concerned about the human rights situation of African Americans.

“The colonial history, the legacy of enslavement, racial subordination and segregation, racial terrorism, and racial inequality in the US remains a serious challenge as there has been no real commitment to reparations and to truth and reconciliation for people of African descent. Despite substantial changes since the end of the enforcement of Jim Crow and the fight for civil rights, ideology ensuring the domination of one group over another, continues to negatively impact the civil, political, economic, social and cultural rights of African Americans today. The dangerous ideology of white supremacy inhibits social cohesion amongst the US population. Lynching was a form of racial terrorism that has contributed to a legacy of racial inequality that the US must address. Thousands of people of African descent were killed in violent public acts of racial control and domination and the perpetrators were never held accountable.

“Contemporary police killings and the trauma it creates are reminiscent of the racial terror lynching of the past. Impunity for state violence has resulted in the current human rights crisis and must be addressed as a matter of urgency.

“Racial bias and disparities in the criminal justice system, mass incarceration, and the tough on crime policies has disproportionately impacted African Americans. Mandatory minimum sentencing, disproportionate punishment of African Americans including the death penalty are of grave concern.

“During this country visit, the experts observed the excessive control and supervision targeting all levels of their life. This control since September 2001, has been reinforced by the introduction of the Patriot Act.”

Specifically on the topic of reparations for American slavery, the Statement observes that:

“There is a profound need to acknowledge that the transatlantic slave trade was a crime against humanity and among the major sources and manifestations of racism, racial discrimination, xenophobia and related intolerance and that Africans and people of African descent were victims of these acts and continue to be victims of their consequences. Past injustices and crimes against African Americans need to be addressed with reparatory justice.”

The Statement advocates the enactment and ratification of domestic legislation and international treaties to carry out reparations:

“We encourage congress to pass the H.R. 40 -Commission to Study Reparation Proposals for African Americans Act – Establishes the Commission to examine slavery and discrimination in the colonies and the United States from 1619 to the present and recommend appropriate remedies.

“We encourage the US government to elaborate a National Action Plan for Racial Justice to fully implement the International Convention on the Elimination of all forms of Racial Discrimination (ICERD) and comprehensively address racism affecting African Americans.

“In addition to the above, the Working Group urges the Government of the United States to consider the ratification of the core international human rights treaties to which the United States is still not a party, with a view to remove any gaps in the protection and full enjoyment of rights therein. It also encourages the USA to ratify regional human rights treaties as well as review reservations related to the treaties it has signed or ratified.”

As we saw above, the USA has exempted itself from international accountability, and it is obvious from the full text of the Working Group’s Statement that its visit was barely tolerated. Thus neither the Guidelines nor the Statement have had any effect on US policy.

Despite its “voluntary” nature, international law has at times been imposed on the perpetrators of egregious violations of human rights. Recently, an iconic figure from the Nuremberg Nazi trials accused the US of crimes against humanity under international law. We’ll look at that next time.


[1] Wikipedia – Unilateralism.

[2] The Office of the Historian of the U.S, Department of State – Wathington’s Farewell Adddress. “The Office of the Historian is staffed by professional historians who are experts in the history of US foreign policy and the Department of State and possess unparalleled research experience in classified and unclassified government records. The Office’s historians work closely with other federal government history offices, the academic historical community, and specialists across the globe. The Office is directed by The Historian of the US Department of State.”

[3] Patton, Jill, An Existential Moment for Democracy? As American leadership falters, scholars say, autocrats are on the rise, Stanford Magazine (December 2019)

[4] Wikipedia- Social Democracy.

[5] See the annual World Happiness Report.

[6] Hassan, Steven, The Cult of Trump: A Leading Cult Expert Explains How the President Uses Mind Control (2019)

[7] Wikipedia – The City Upon a Hill.

[8] History.com – Manifest Destiny.

[9] The Millennial Mental-Health Crisis, The Atlantic (June 11, 2020); More Millennials Are Dying ‘Deaths of Despair,’ as Overdose and Suicide Rates Climb, Time Magazine (June 13, 2019),

[10] Encyclopedia.com – Splendid Isolation. See also Warren Zevon’s take on it.

[11] Wikipedia — Citizens United v. FEC, . McConnell v. FEC, 2003 (in part). Citizens United v. Federal Election Commission, 558 U.S. 310 (2010)

[12] 536 AD – The Worst Year in History, Medium (July 7, 2020). Why 536 Was ‘The Worst Year To Be Alive, Science Magazine (Nov. 15, 2018)

[13] Hollowed-Out Public Health System Faces More Cuts Amid Virus, Kaiser Health News (Aug. 24, 2020)

[14] STAT News, July 7, 2020. According to its website, “STAT delivers fast, deep, and tough-minded journalism about health, medicine, life sciences and the fast-moving business of making medicines.”

[15]  The National WWII Museum.

[16] Wikipedia – Bombings of Hiroshima and Nagasaki. See also History.com – Hiroshima, and History.com – Nagasaki.

[17] Centers for Disease Control and Prevention, July 24, 2020.

[18] Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (2006).

[19] Patton, op cit.

[20] The United Nations Office of the High Commissioner for Human Rights – Universal Declaration of Human Rights.   This is the text.

[21] The United Nations Office of the High Commissionr for Human Rights — Rome Statute of the International Criminal Court.

[22] Dag Hammarskjöld Library, Jan 8, 2020. See also Wikipedia – Rome Statute International Criminal Court.

[23] US Policy Regarding the International Criminal Court (ICC), Congressional Research Service (July 9, 2002 – August 29, 2006).

[24] Wikipedia –the United States and the International Criminal Court.

[25] Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005.

[26] Statement to the media by the United Nations’ Working Group of Experts on People of African Descent, on the conclusion of its official visit to USA, 19-29 January 2016

Reparations [2]: Slavery, Human Capital, Le Déluge, and Paying the Piper

Après moi, le déluge.
(After me, the deluge.)
King Louis XV of France

The proposal of reparations for the USA’s racial history raises complex legal, economic, and other issues. We’re familiar with these – they’ve been well-rehearsed in op-eds and speeches, by politicians and pundits, activists and the media….

Less familiar are issues more subjective than objective, reflective than combative, instinctual than intellectual. These are the province of shared human experience and sensibility, particularly of virtue — a nearly obsolete concept these days. Virtue prompts change not from the outside, not institutionally, but from a transformation in shared human consciousness, a cultural change of heart, We learn its lessons not from economic models and legal briefs, but principally from truth expressed in fiction –myths and legends, fables and feature films — Aesop’s Fables for adults. As one of Aesop’s contemporaries said about him:

“… like those who dine well off the plainest dishes, he made use of humble incidents to teach great truths, and after serving up a story he adds to it the advice to do a thing or not to do it. Then, too, he was really more attached to truth than the poets are; for the latter do violence to their own stories in order to make them probable; but he by announcing a story which everyone knows not to be true, told the truth by the very fact that he did not claim to be relating real events.”.[1]

As we’ll see below, virtue asks more than legal compliance, it demands that we pay the piper.

In this series, we will look at both kinds of issues in detail.

History Lesson: The French Revolution

“After me, the deluge” is sometimes attributed to the King’s mistress, Madame de Pompadour, as “After us, the deluge.” Either way – King or mistress, me or us – the quote is usually taken as a prophesy of the French Revolution, delivered with an attitude of elite indifference that ranks right in there with Marie Antoinette’s “Let them eat cake.” (Which she probably never said.[2]) “We’re getting away with it now, but all hell is going to break loose once we’re gone.” And indeed it did, when King Louis XVI was guillotined a generation later, under the name Citizen Louis Capet. [3]

From that historical context, après moi, le déluge has come to represent an awareness of coming doom, a feeling that we can’t get away with this forever. Things are good now, but watch out, they won’t last. People thought life was good back in Noah’s time, but look what happened to them. We keep this up, we might get our own version of the Flood.

Contemporary Lesson: Economic Inequality

Plutocrat Nick Hanauer offers a modern version of the saying in his TED talk. According to his TED bio, Hanauer is a “proud and unapologetic capitalist” and founder of 30+ companies across a range of industries, including aQuantive, which Microsoft bought for $6.4 billion. He unabashedly loves his yacht and private jet, but fears for his own future, and the futures of his fellow plutocrats, if economic inequality is left unaddressed:

“What do I see in our future today, you ask? I see pitchforks, as in angry mobs with pitchforks, because while people like us plutocrats are living beyond the dreams of avarice, the other 99 percent of our fellow citizens are falling farther and farther behind.

“You see, the problem isn’t that we have some inequality. Some inequality is necessary for a high-functioning capitalist democracy. The problem is that inequality is at historic highs today and it’s getting worse every day. And if wealth, power, and income continue to concentrate at the very tippy top, our society will change from a capitalist democracy to a neo-feudalist rentier society like 18th-century France. That was France before the revolution and the mobs with the pitchforks.”

Whether French Revolution or today, the issue is “paying the piper.”

The Moral of the Story: The Pied Piper of Hamelin

Pied Piper

Illustration by Kate Greenaway for Robert Browning’s “The Pied Piper of Hamelin”

Victorian poet Robert Browning brought us the “paying the piper” idiom in The Pied Piper of Hamelin. [4] Here’s a synopsis to refresh our memories:

“‘Pay the piper’ comes from the famous 1842 poem by Robert Browning, The Pied Piper of Hamelin. The story is about a German town called Hamelin which, after years of contentment, was suddenly plagued by a huge increase in the rat population, probably due to some plague or poison which had killed all the cats. The rats swarmed all over, causing much damage. Try as they might, the townspeople could not get rid of the rats.

“Then appeared a mysterious stranger bearing a gold pipe. He announced that he had freed many towns from beetles and bats, and for a cost, he would get rid of the rats for the town.

“Although he only wanted a thousand florins, the people were so desperate that the Mayor promised him 50,000 for his trouble, if he could succeed.

“At dawn, the piper began playing his flute in the town and all the rats came out of hiding and followed behind him. In this way, he led them out of the town. All the rats were gone.

“When the piper came back to collect his pay, the town refused to pay even his original fee of one thousand florins. The mayor, thinking the rats were dead, told the piper he should be happy if he received any pay at all, even fifty florins.

“The pied piper warned the town angrily that they would regret cheating him out of his pay.

“Despite his dire warning, the rats were gone so the townspeople went about their business, at last enjoying a peaceful night’s sleep without the scurrying and gnawing of rats.

“At dawn, while they slept, the sound of the piper’s pipe could be heard again, except this time only by the children. All the children got out of bed and followed behind the piper, just as the rats had before. The piper led the children out of town and into a mountainous cave. After all the children had walked into the cave, a great landslide sealed up the entrance. One little boy managed to escape and tell the town what had happened to the children. Although they tried, they could never rescue them, and they were lost forever.”

After me, the deluge + Pay the piper = Pay the piper or risk the deluge

Virtue says don’t get greedy. Don’t be tempted. Don’t be a fraud. Keep your end of the bargain. Don’t be too smart for your own good. Don’t try to get away with it. You’re better than that. Fess up, take responsibility. Don’t invite the deluge – the sudden and terrible twist of fate, the movement of greater mysteries, the imposition of higher justice.

The rats you get rid of won’t be worth the children you lose.

The mayor and citizens of Hamelin defrauded the Piper at the cost of their own children. Justice was absolute — the mountain vault was sealed. The Piper was fully, awfully paid.

Reparations for American slavery are a proposed remedy – a way to pay the piper — for the lost humanity of slaves, stolen from them by a legal and economic framework that assigned slaves economic but not human value. Slaves were dehumanized, and virtue will not tolerate it.

Exploitation of Human Capital

Exploitation of capital assets is expected in a capitalist economy. Human labor is a capital asset, and will also be exploited — everyone who’s ever worked for someone else figures that out the first day on the job. But slavery took exploitation too far: slaves were not people, they were capital assets and nothing more. They were no longer human.

“Exploitation can also be harmful or mutually beneficial. Harmful exploitation involves an interaction that leaves the victim worse off than she was, and than she was entitled to be. The sort of exploitation involved in coercive sex trafficking, for instance, is harmful in this sense. But as we will see below, not all exploitation is harmful. Exploitation can also be mutually beneficial, where both parties walk away better off than they were ex ante. What makes such mutually beneficial interactions nevertheless exploitative is that they are, in some way, unfair.

“It is relatively easy to come up with intuitively compelling cases of unfair, exploitative behavior. Providing a philosophical analysis to support and develop those intuitions, however, has proven more difficult. The most obvious difficulty is specifying the conditions under which a transaction or institution may be said to be unfair.

“Does the unfairness involved in exploitation necessarily involve some kind of harm to its victim? Or a violation of her moral rights? Is the unfairness involved in exploitation a matter of procedure, substance, or both? And how, if at all, are facts about the history of the agents involved or the background conditions against which they operate relevant to assessing charges of exploitation?”[5]

Slavery harmed its victims, exploited them both procedurally and substantively. And “the facts about the history” of slavery’s purveyors and “the background conditions against which they operate[d]” are most definitely “relevant to assessing charges of exploitation.” Today, 165 years after the nominal end of slavery, those charges remain unanswered, and unpaid.

Slavery and Human Capital

19th Century economist John Elliot Cairnes was “an ardent disciple and friend of John Stuart Mill” and “was often regarded as ‘the last of the Classical economists.’”[6] Writing during the American Civil War, Cairnes analyzed the impact of slavery on both human and other forms of capital in his book The Slave Power: Its Character, Career, and Probable Designs: Being an Attempt to Explain the Real Issues Involved in the American Contest.[7]

“Cairnes’s shining hour was his widely-discussed 1862 treatise Slave Power.  Cairnes analyzed the consequences of slavery for economic development, in particular how it speeded up soil erosion, discouraged the introduction of technical innovations and stifled commerce and enterprise more generally. Written during the American Civil War, Cairnes warned British policymakers to think twice about backing the economically-unviable Confederacy.  Cairnes book was instrumental in turning the tide of popular English opinion against the rebels.”

Writing about slaves as human capital, Cairnes said this:

“The rice-grounds of Georgia, or the swamps of the Mississippi may be fatally injurious to the human constitution; but the waste of human life which the cultivation of these districts necessitates, is not so great that it cannot be repaired from the teeming preserves of Virginia and Kentucky.

“Considerations of economy, moreover, which, under a natural system, afford some security for humane treatment by identifying the master’s interest with the slave’s preservation, when once trading in slaves is practiced, become reasons for racking to the uttermost the toil of the slave; for, when his place can at once be supplied from foreign preserves, the duration of his life becomes a matter of less moment than its productiveness while it lasts.

“It is accordingly a maxim of slave management, in slave-importing countries, that the most effective economy is that which takes out of the human chattel in the shortest space of time the utmost amount of exertion it is capable of putting forth. It is in tropical culture, where annual profits often equal the whole capital of plantations, that negro life is most recklessly sacrificed. It is the agriculture of the West Indies, which has been for centuries prolific of fabulous wealth, that has engulfed millions of the African race. It is in Cuba, at this day, whose revenues are reckoned by millions, and whose planters are princes, that we see in the servile class, the coarsest fare, the most exhausting and unremitting toil, and even the absolute destruction of a portion of its numbers every year.”[8]

Five years after Cairnes wrote that, Karl Marx cited the above passage in Das Kapital[9] in his own analysis of slave labor as capital:

“The slave-owner buys his labourer as he buys his horse. If he loses his slave, he loses capital that can only be restored by new outlay in the slave-mart.

“‘Après moi le déluge!’ is the watchword of every capitalist and of every capitalist nation. Hence Capital is reckless of the health or length of life of the labourer, unless under compulsion from society.

To the out-cry as to the physical and mental degradation, the premature death, the torture of over-work, it answers: Ought these to trouble us since they increase our profits?

Marx believed that the ultimate culprit was not the individual slave owners, but the capitalist economic system which sponsored the exploitation of all capital – including human capital – to achieve its competitive goal of profitability:

“But looking at things as a whole, all this does not, indeed, depend on the good or ill will of the individual capitalist. Free competition brings out the inherent laws of capitalist production, in the shape of external coercive laws having power over every individual capitalist.”

Under the reign of capitalism, Marx argued, workers would be exploited – slaves and free alike — and this would be both an economic and cultural norm. This practice would become so entrenched that it could be broken only by a contrary “compulsion from society.”

The Deluge:  Civil War

“The deluge” is a form of “compulsion from society,” and civil war is a form of both.

The American Civil War was the deluge. The war ended almost exactly four years after it began, at the cost of hundreds of thousands of American lives, uncounted non-fatal casualties, and incalculable damage to the rest of American citizenry, human property, and nature.

“Approximately 620,000 soldiers died from combat, accident, starvation, and disease during the Civil War. This number comes from an 1889 study of the war performed by William F. Fox and Thomas Leonard Livermore. Both men fought for the Union. Their estimate is derived from an exhaustive study of the combat and casualty records generated by the armies over five years of fighting.  A recent study puts the number of dead as high as 850,000. Roughly 1,264,000 American soldiers have died in the nation’s wars–620,000 in the Civil War and 644,000 in all other conflicts.  It was only as recently as the Vietnam War that the number of American deaths in foreign wars eclipsed the number who died in the Civil War.”[10]

Tragically, the course of American racial history would cause many to wonder if all those deaths had been in vain. War – the deluge, the compulsion of society – had its day, but it didn’t change cultural attitudes. The ones that supported Antebellum slavery only became more belligerently expressed.

In France, Louis XV saw the deluge coming, Louis XVI suffered from it, but eleven years later Napoleon was Emperor.

The piper was never paid.

In the USA, war gorged itself on the American land and population, but the Union’s victory foundered on the failings of the Reconstruction.

The Piper was never paid.

The law concerning slavery was changed, but de facto[11] slavery lived on. Before the Civil War, slavery had been, like war itself, a legal crime against humanity, justified under the law of the land. After the Civil War, slavery was simply a crime, illegal as all other crimes, but propagated by a reign of terror that eventually gained its own legal justification that would once again have to be dismantled by another compulsion from society 100 years later.

After the war, you couldn’t own slaves anymore, couldn’t buy and sell them, but you could treat legally freed former slaves just as you once treated their legally enslaved predecessors. In fact, it was much worse. Before the war, the ownership and treatment of slaves was by legal right. After the war, de facto slavery relied on a reign of terror grounded in cultural indifference and brutality. Cruel and unusual punishment had been banned by the Eighth Amendment to the U.S. Constitution, but de facto slavery relied on it to terrorize society into submission.

The Piper was never paid.

The U.S. Labor Movement and Human Capital

The American labor movement’s 400-year history is a chronicle of shifting economic theories and new labor laws brought about by periodic challenges – compulsions from society – to the capitalist norm of the exploitation of human capital.[12] Changing times generated changing attitudes, and American culture demanded accommodations in often violent ways.

And now, in the middle of another deluge – this time a plague, the Covid-19 virus – we have seen the most recent and striking societal shift in the form of the Supreme Court’s ruling that the Civil Rights Act of 1964 protects LGBTQ workers from workplace discrimination.[13] Few would claim that the 56-year old Civil Rights Act specifically had today’s gender sensibilities in mind, but the law shifts with cultural attitudes when compelled to do so.

The labor movement will continue to change with the times. Issues of sexism remain, and technology – especially robotics, AI, and machine learning – are threatening human labor in ever-accelerating, unprecedented ways. There will be more deluge, more societal compulsion.

The Piper will still need to be paid.

The Racist Roots of Police Brutality

Finally – for today, at least – the Coronavirus deluge has also recharged the force of societal compulsion currently taking on mass incarceration and police brutality, both of which have historical roots in the Reconstruction’s unresolved racism.[14]

The Piper was never paid.

We have much more to talk about. We’ll continue next time.

[1] Philostratus, Life of Apollonius of Tyana, Book V:14. From Wikipedia.

[2] See Solosophie.com and Phrases.org.

[3] For more about what the saying might mean, see this is from Wikipedia: “The most famous remark attributed to Louis XV (or sometimes to Madame de Pompadour) is Après nous, le déluge (“After us, the deluge”). It is commonly explained as his indifference to financial excesses, and a prediction of the French Revolution to come. The remark is usually taken out of its original context. It was made in 1757, a year which saw the crushing defeat of the French army by the Prussians at the Battle of Rossbach and the assassination attempt on the King. The “Deluge” the King referred to was not a revolution, but the arrival of Halley’s Comet, which was predicted to pass by the earth in 1757, and which was commonly blamed for having caused the flood described in the Bible, with predictions of a new deluge when it returned. The King was a proficient amateur astronomer, who collaborated with the best French astronomers. Biographer Michel Antoine wrote that the King’s remark “was a manner of evoking, with his scientific culture and a good dose of black humor, this sinister year beginning with the assassination attempt by Damiens and ending with the Prussian victory”. Halley’s Comet finally passed the earth in April 1759, and caused enormous public attention and anxiety, but no floods.

[4]   Idioms.online.

[5] Exploitation, Stanford Encyclopedia of Philosophy (first published Thu Dec 20, 2001; substantive revision Tue Aug 16, 2016).

[6] The History of Economic Thought.

[7] Cairnes, John Eliot, The Slave Power: Its Character, Career, and Probable Designs: Being an Attempt to Explain the Real Issues Involved in the American Contest (1862).

[8] Cairnes, Slave Power, op cit.

[9] Marx, Karl, Das Kapital (Vol. 1, Part III, Chapter Ten, Section 5).

[10] American Battlefield Trust.

[11] “In law and government, de facto describes practices that exist in reality, even though they are not officially recognized by laws. It is commonly used to refer to what happens in practice, in contrast with de jure, which refers to things that happen according to law.” Wikipedia

[12] See this timeline, which runs from 1607-1999, beginning with complaints about labor shortages in Jamestown in 1607, addressed by the arrival in 1619 of the first slaves stolen from Africa.

[13] Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules, New York Times (June 16, 2020).

[14] See, for example, The Racist Roots Of American Policing: From Slave Patrols To Traffic Stops, The Conversation (June 4, 2019) and George Floyd’s Death Reflects The Racist Roots Of American Policing, The Conversation (June 2, 2020).

America’s National Character, Revealed in its COVID-19 Response

“The entire man is… to be seen in the cradle of the child. The growth of nations presents something analogous to this; they all bear some marks of their origin. If we were able to go back… we should discover… the primal cause of the prejudices, the habits, the ruling passions, and, in short, all that constitutes what is called the national character.”

Alexis de Tocqueville, Democracy in America (1835)

“Begin as you would continue,” my new mother-in-law told my bride and me. Her advice was good beyond gold – a standard we return to in every new beginning, of which there’ve been many in 40+ years.

Alexis de Tocqueville didn’t offer the principle as advice, he recognized its operation in the America he famously toured and wrote about – a nation shaping itself around its founding principles – its “primal cause.” A country’s “national character,” he said, is revealed in the “prejudices,” “habits,” and “ruling passions” of the government and the people. The specifics may shift over time as certain founding values prevail over others due to political tradeoffs and changing circumstances, but in the long haul the country stays true to its origins. Countries, like marriages, continue as they began.

The same dynamics that apply to individuals and nations also apply to institutions, for example societal institutions of law, economics, academics, and commercial enterprise. And for all of them, there’s no such thing as a single beginning to be sustained forever. Personal, national, and institutional histories are shaped around many beginnings and endings. With every new beginning comes an invitation to return to “primal causes” and accept the transformation of historical into contemporary; i.e., each path forward requires a fresh look at how the past’s wisdom can help navigate today’s unprecedented challenges. Trouble is, transformation is perhaps the most difficult thing asked of a person, relationship, institution, nation. The opportunity to transform is therefore rarely recognized, much less embraced, but without it there will be hardening into what was but no longer is, and soon the person or entity under stress will fray under the strain of forcing the fluidity of today into the memory of yesterday.

The Covid-19 Policy-Making Triumvirate

Covid-19 has brought the entire world to an inescapable threshold of new beginning, with its commensurate invitation to transformation. America’s response reveals no embrace of the invitation, but rather a doubling down on the pre-pandemic version of a currently predominant ideological triumvirate of values.[1] Other “prejudices,” “habits,” and “ruling passions” of the “national character” are clearly evident in the nation’s response as well, but I chose to write about this triumvirate because I’ve previously done so here and in my other blog.[2]. The three prongs of the triumvirate we’ll look at today are as follows:

  1. Freemarketism: a hyper-competitive and hyper-privatized version of capitalism that enthrones individual and corporate agency over the centralized promotion of the public good.

Freemarketism is grounded in a belief that marketplace competition will not only prosper capitalists but also promote individual and communal welfare in all social and economic strata. Its essential prejudices and practices are rooted in the transmutation of the western, mostly Biblical worldview into the Protestant work ethic, which judges individual good character and communal virtue by individual initiative and success in “working for a living” and the ability to climb the upward mobility ladder. The state’s highest good is to sponsor a competitive market in which capitalists, freed from governmental regulation and taxation, will build vibrant businesses, generate wealth for themselves as a reward, and activate corollary ”trickle down” benefits to all. Granting the public good an independent seat at the policy-making table is considered detrimental to the market’s freedom.

Freemarketism skews Covid-19 relief toward business and charges the state with a duty to restore “business as usual” as quickly as possible. Direct benefit to citizens is considered only grudgingly, since it would encourage bad character and bad behavior among the masses. Particularly, it would destroy their incentive and willingness to work for a living. The employable populace must be kept hungry, on-edge, primed to get back to work in service to the capitalist engine that fuels the greater good of all.

  1. Beliefism: The denigration of science and intellect in favor of a form of secular post-truth fundamentalism.

Freemarketism is a belief system that emerged in the 1980’s, after the first three decades of post-WWII economic recovery played out in the 1970’s. Freemarketism addressed the economic malaise with its utopian promise of universal benefit, and its founders promoted it with religious zeal as a new economic science – the rationale being that it had been “proven” in ingenious, complex mathematical models. But math is not science, and however elegant its proofs of Freemarketism theory might have been, they were not the same as empirical testing . Freemarketism was therefore a new economic belief system — something you either believed or didn’t.

To gain widespread political and social acceptance, Freemarketism would need to displace the Keynesian economics that had pulled the U.S. out of the Great Depression of the 1930’s by massive federal investment in infrastructure, the creation of new social safety nets, and the regulation of securities markets. During the post-WWII recovery, neoliberal economic policy had struck its own balance between private enterprise and government intervention, creating both new commercial monoliths and a vibrant middle class. Freemarketism would eventually swing this balance entirely to the side of private enterprise. It did so thanks in part to auspicious good timing. At the dawn of the 1980’s, after a decade of Watergate, the oil embargo and energy crisis, runaway inflation, and the Iran hostage crisis, America was ripe for something to believe in. Its morale was suddenly boosted by the USA’s stunning Olympic hockey gold medal, Then, at the end of the decade, came the equally stunning collapse of the Soviet Union, brought on by Chernobyl and the fall of the Berlin Wall. These two bookend events ensured that Freemarketism had made a beginning that politicians and the populace wished to continue.

By then, Soviet-style Communism had been fully exposed as a horrific, dystopian, failed system. It had begun with Karl Marx’s angry empathy for the plight of the working stiff, but a century and a half later had morphed into a tyranny of fear, mind control, and brutality that turned its nominal beneficiaries into its victims, administered by a privileged, unthinking, corrupt, emotionally and morally paralyzed class of party bosses. When the failed system met its just desserts, the West’s storyline trumpeted that capitalism had won the Cold War. Freemarketism stepped up to receive the accolades, and its political devotees set about dismantling the social structures Keynesian economics had built before WWII.

From that point, as Freemarketism gained acceptance, it stomped the throttle toward fundamentalism, which is where every belief system, whether religious or secular, must inevitably end up. Belief by its very nature demands its own purification – the rooting out of doubt. To endure, belief must become irrefutable, must become certain to the point where doubt and discourse are demonized, conformity becomes the greatest social good, and ideological myths become determinants of patriotic duty and moral status. Accordingly, as Freemarketism evangelists increasingly installed their privatized solutions, any system of government based on state-sponsored promotion of the common good was quickly characterized as a threat of a resurgence of Communism. In the minds of Freemarketers – both priests and proles – the European social democracies were thrown into the same toxic waste dump as Communism, because the state could never again be trusted to know what is good for its citizens, or be given the power to carry out its agenda.

Freemarketism’s blind spot is now obvious: for all its demonization of government policy, it needed precisely that to create the conditions it needed to operate. Politicians from the 1990’s forward were happy to comply. Thus empowered, in the four decades since its inception, Freemarketism has ironically failed in the same manner as Soviet Communism, gutting the public good of the working masses and protectively sequestering the wealthy capitalist classes. Along the way, Beliefism as the cultural norm has displaced scientific rationalism with moment-by-moment inanity, expressed in the Covid-19 crisis by everything from drinking bleach to mask and supply shortages, lockdown protests and defiance of mask-wearing, terminating support of the World Health Organization, confusion and skepticism about statistics of infection rates and the value of mass testing, the public undercutting of medical authorities, and much more.

The post-truth flourishing of Beliefism is in turn held in place by the third prong of the triumvirate:

  1. Militarism: The American infatuation with military might and private armaments, and a proclivity towards resolving disputes and achieving policy outcomes through bullying, violence, and warfare.

Militarism is the enforcer for the other two prongs of the triumvirate. Its status as a pillar of the national character is on the one hand entirely understandable, given that the USA was formed because the colonists won their war, but on the other hand perhaps the most ideologically inexplicable when measured against the Founders’ rejection of a standing military in favor of a right to mobilize an armed militia as needed. The displacement of the latter with the former was fully complete only after WWII, grudgingly acknowledged by the General who masterminded .he D-Day invasion: “In the councils of government,” President Eisenhower said on the eve of leaving office, “we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military industrial complex,” He further warned that, “Only an alert and knowledgeable citizenry can compel the proper meshing of the huge industrial and military machinery of defense with our peaceful methods and goals, so that security and liberty may prosper together.”

The extent to which General Eisenhower’s warnings fell on deaf ears is by now obvious. Meanwhile, the Founders’ concept of the right to bear arms has metastasized into an absolute right to private armaments. The American national character now rests secure in its confidence that it has a big enough stick to forever defend its libertarian version of individual freedoms – including the freedoms of the marketplace – against all opposing beliefs, Communist or otherwise.

Militarism is evident in developments both expressly directed at the pandemic and coinciding with it, spanning both macro and micro responses from saber-rattling against Iran (against whom we apparently still we feel we have a score to settle), blame-shifting against China accompanied with rhetoric that has quickly escalated to the level of a new Cold War, Congress’s self-congratulatory passage of another record-setting new defense budget, and armed militias rallying against the lockdown and supporting protestors in their belligerent non-compliance.

In its Covid-19 response, America put its money where its mouth (ideology) is.

This ideological triumvirate is evident in the spending priorities of the USA’s legislative allocation of government speaking during the lockdown, as indicated in the following two graphs, which reveal that:

  1. The amount directed to business – mostly big business – was twice again as much as the defense budget;
  2. The amount directed to healthcare – during a pandemic – was least of all – half the amount directed to individuals;
  3. The 2020 defense budget approved during the lockdown was twice the size of the amount directed to individual citizens under the CARES relief act; and
  4. Meanwhile, defense spending dwarfs that of our seven nearest national “competitors.”

The Anatomy of the $2 Trillion COVID-19 Stimulus Bill[3]

CARES Act

U.S. Defense Spending Compared to Other Countries[4]

Defense Spending

Character Over Time

“True character is revealed in the choices a human being makes under pressure,” screenwriting guru Robert McKee wrote, “the greater the pressure, the deeper the revelation, the truer the choice to the character’s essential nature.”[5]

Pressure of the magnitude brought on by the pandemic catches national response off guard. It freezes time, demands instant responses to unprecedented demands. Pretense falls off, values and priorities leap from foundational to forefront. There is no time for analysis or spin, only the unguarded release of words and actions in the pressing moment. The result is national character, fully revealed.

The way out of this dizzying spiral is to embrace the invitation to character transformation, which begins in the awareness that something essential to maintaining the status quo has been lost, life has irreversibly changed, an ending has been reached. Every ending requires a new beginning, every new beginning requires a vision for how to continue, and every vision for continuing requires the perspective of newly-transformed character. If there is going to be systemic change, character must be the one to make concessions. The nation’s policy-makers made no such concession in their Covid-19 response.

Response Without Transformation

We’ve spent a few years in this forum discovering the triumvirate’s development and contemporary dominance of government policy-making, which in turn has been supported by enough of the electorate to keep the system in place. Now, the pandemic has put our “more perfect union” under extraordinary stress.

Given the recent racial issues now dominating the headlines, it isn’t far-fetched to compare the pandemic’s moral and legal challenges to those of the Civil War. Today’s post won’t try to do that topic justice, but it’s interesting to note that slavery was a dominant economic force from before America became the United States, especially buttressing capitalist/entrepreneurial wealth generated in tobacco and cotton, and was both expressly and implicitly adopted as a social, economic, and national norm, — for example in the U.S. Constitution’s denying slaves the right to vote and providing that each slave would count as 3/5 of a resident for purposes of determining seats in the House of Representatives. These “primary causes” remained intact for the nation’s first several decades, until a variety of pressures forced a reconsideration and transformation. Those pressures included, for example, a bubble in the pre-Civil War slave market that made slaves themselves into a valuable equity holding to be bought and sold for profit — a practice particularly outrageous to Northerners.[6]

The Covid-19 triumvirate is not Constitutionally recognized as slavery was, but clearly it is based on the current emphasis of certain aspects of the USA’s foundations to the exclusion of others. Many economists argue, for example, that the way out of the deepening pandemic economic depression is a return to a Keynesian-style massive governmental investment in public works and welfare – a strategy that even then was hugely controversial for the way it aggressively rebalanced the national character. The Covid-19 response, along with the military budget, makes no attempt at such a rebalancing – which, among other things, would require policy-makers to retreat from the common assumption that government support of the public good is Communism.

It took a Civil War and three Constitutional Amendments to remove nationalized slavery from the Constitution and begin the transformation of the nation’s character on the topic of race – a transformation which current events reveal is still sadly incomplete.

What would it take to similarly realign the national character in response to the pandemic?

[1] Since we’ve been discovering and examining these for several years in this forum, in this post I’m going to depart from my usual practice of quoting and citing sources. To do otherwise would have made this post far too redundant and far too long, If you want the backstory, I invite you to examine what has gone before..

[2] My two blogs are The New Economy and the Future of Work and Iconoclast.blogt, Each has its counterpart on Medium – The Econoclast and Iconoclost.blog (recent articles only)..

[3] Visusalcapitalist.com

[4] Peter G. Peterson Foundation.

[5] McKee, Robert, Story: Substance, Structure, Style, and the Principles of Screenwriting (1997).

[6] See the analysis in Americana: A 400-Year History of American Capitalism, Bhu Srinivasan.(2017), and the author’s interview with the Wharton business school ,