Reparations [8]: Global Accountability- Part 3

Reparations for slavery, to be carried out under international human rights law, offer an historic opportunity for the USA’s national healing of its racial troubles, but the founding myth of American exceptionalism stands in the way.

Human Rights Law

International human rights law derives from the United Nations’ founding vision.

“The term ‘human rights’ was mentioned seven times in the UN’s founding Charter, making the promotion and protection of human rights a key purpose and guiding principle of the Organization.  In 1948, the Universal Declaration of Human Rights brought human rights into the realm of international law.  Since then, the Organization has diligently protected human rights through legal instruments and on-the-ground activities.

“The UN Charter, in its Preamble, set an objective: ‘to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained’. Ever since, the development of, and respect for international law has been a key part of the work of the Organization.  This work is carried out in many ways – by courts, tribunals, multilateral treaties – and by the Security Council, which can approve peacekeeping missions, impose sanctions, or authorize the use of force when there is a threat to international peace and security, if it deems this necessary.  These powers are given to it by the UN Charter, which is considered an international treaty.  As such, it is an instrument of international law, and UN Member States are bound by it.  The UN Charter codifies the major principles of international relations, from sovereign equality of States to the prohibition of the use of force in international relations.”[1]

Although the U.S. was one of the four U.N. founders,[2] it has consistently rejected the U.N. ideal of the “sovereign equality of States.” By doing so, it avoids accountability under international human rights law.

The Case for Reparations Under International Law

The U.S. practiced legal slavery from its creation through the Civil War, de facto slavery for a hundred years after that, and since then has maintained systemic, cultural racism. It is therefore guilty of violating International law, which identifies slavery as a “crime against humanity,”[3] It is no defense to claim that slavery was a thing of the past, since there is no statute of limitations under international human rights law.[4] International law would remedy this entire history with a multi-tiered approach to reparations that includes monetary compensation and remedial action.[5]

A recent editorial in The Wall Street Journal stated the international case against the U.S. [6] The editorial first asserts that “the U.S. is bound by international law and must be guided by the precedent set by many other countries that have recognized reparations as a means to redress injustice,” referencing the legal doctrine that formed the basis for the Nuremberg Nazi Trials.

“The prohibition against slavery has now achieved jus cogens—a peremptory norm, from which no derogation is permitted. This is the highest legal status in international law, and it means retroactive responsibility may be imposed on those who violated that norm. This is how the Nazis were prosecuted at Nuremberg: retroactively—for the jus cogens of crimes against humanity. On that basis alone, the U.S. may be held legally responsible for the historical enslavement of Africans and the consequences for their descendants.”

The Nuremberg Precedent

The Nuremberg reference is particularly apt in view of comments made by the last-surviving prosecutor, Benjamin Ferencz. 

“[Benjamin] Ferencz was 27 years old and this was his first case…. He began the proceedings with one of the most powerful opening statements of the Nuremberg trials: ‘It is with sorrow and with hope that we here disclose the deliberate slaughter of more than a million innocent and defenceless men, women and children. Vengeance is not our goal, nor do we seek merely a just retribution. We ask this court to affirm by international penal action, man’s right to live in peace and dignity, regardless of his race or creed. The case we present is a plea of humanity to law. We shall establish beyond the realm of doubt facts which, before the dark decade of the Third Reich, would have seemed incredible.’”[7]

Mr. Ferencz’s recent comments were not about slavery, but rather the U.S. family separation immigration policy — a “crime against humanity” under international law.

“The last surviving member of the Nuremberg trials prosecuting team has said Donald Trump committed ‘a crime against humanity’ with the recent family separation policy.

“Ben Ferencz, 99, made the comment during a recent interview with outgoing United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein.

“The lawyer said it was ‘painful’ when he heard about how the Trump administration had separated more than 2,000 children from their families after they had crossed the US-Mexico border.”[8]

The Rome Statute’s list of “crimes against humanity” includes “imprisonment or other severe deprivation of physical liberty” and “persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural… and other grounds,” and ends with the catch-all phrase “other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.”[9] Mr. Ferencz invoked this phrase in his comments:

“We list crimes against humanity in the Statute of the International Criminal Court. We have ‘other inhumane acts designed to cause great suffering’. What could cause more great suffering than what they did in the name of immigration law? It’s ridiculous,’ the prosecutor of war criminals said regarding the family separation policy.”[10]

American National Sovereignty vs. “The Sovereign Equality of States”

In place of the “sovereign equality of States,” the U.S. maintains what President Herbert Hoover labeled a “rugged individual” sense of national identity that it has applied to its national sovereignty. U.S. Attorney General Jeff Sessions provided a textbook application of rugged individualism in his defense of the Trump Administration’s family separation policy.

“If you cross the border unlawfully, then we will prosecute you. If you smuggle an illegal alien across the border, then we’ll prosecute you,,,, If you’re smuggling a child, then we’re going to prosecute you, and that child will be separated from you, probably, as required by law. If you don’t want your child separated, then don’t bring them across the border illegally. It’s not our fault that somebody does that.

“I would cite you to the Apostle Paul and his clear and wise command in Romans 13 to obey the laws of the government because God has ordained the government for his purposes. Orderly and lawful processes are good in themselves. Consistent, fair application of law is in itself a good and moral thing and that protects the weak, it protects the lawful. Our policies that can result in short-term separation of families are not unusual or unjustified.”[11]

Sessions invoked the Bible to substantiate the United States’ God-derived national sovereignty. The authority of God and the Bible is totalitarian, beyond accountability. Since the United States derives its national sovereignty from God and the Bible, it enjoys the same totalitarian authority, above any law other than its own. Its laws are good and moral by definition, and its government and government officials are free from fault because its laws say they are.

Yes, a U.S., Attorney General actually said that.

“I would cite you to the Apostle Paul.”

“God has ordained the government for his purposes.”

“Orderly and lawful processes are good in themselves.”

“Consistent, fair application of law is in itself a good and moral thing and that protects the weak, it protects the lawful.”

“It’s not our fault that somebody does that.”

Sessions’ case justifies national indifference to the plight of the tired, poor, huddled masses yearning to breathe free, the wretched refuse. the homeless, and tempest-tossed.[12] We are therefore free to terrorize them at the border if we wish.

The same concept applies to our history of institutionalized slavery and nationalized racism.

We can do better.

Germany’s WWII Reparations

Again, comparisons to post-WWII Germany are apt:  through its reparations to the new Jewish state, Germany paid its moral debt for Nazism, substantially benefited Israel, and emerged from its own catastrophic history, free to take on a new national identity.

Germany’s commitment to reparations did not come easily.

“In 1952, when West Germany began the process of making amends for the Holocaust, it did so under conditions that should be instructive to us. Resistance was violent. Very few Germans believed that Jews were entitled to anything. Only 5 percent of West Germans surveyed reported feeling guilty about the Holocaust, and only 29 percent believed that Jews were owed restitution from the German people.

“‘The rest,’ the historian Tony Judt wrote in his 2005 book, Postwar, ‘were divided between those (some two-fifths of respondents) who thought that only people ‘who really committed something’ were responsible and should pay, and those (21 percent) who thought ‘that the Jews themselves were partly responsible for what happened to them during the Third Reich.’ 

“Germany’s unwillingness to squarely face its history went beyond polls. Movies that suggested a societal responsibility for the Holocaust beyond Hitler were banned. ‘The German soldier fought bravely and honorably for his homeland,’ claimed President Eisenhower, endorsing the Teutonic national myth. Judt wrote, ‘Throughout the fifties West German officialdom encouraged a comfortable view of the German past in which the Wehrmacht was heroic, while Nazis were in a minority and properly punished.’

“Konrad Adenauer, the postwar German chancellor, was in favor of reparations, but his own party was divided, and he was able to get an agreement passed only with the votes of the Social Democratic opposition.”

Nor did receiving reparations come easily to the Israelis.

“Survivors of the Holocaust feared laundering the reputation of Germany with money, and mortgaging the memory of their dead. Beyond that, there was a taste for revenge. ‘My soul would be at rest if I knew there would be 6 million German dead to match the 6 million Jews,’ said Meir Dworzecki, who’d survived the concentration camps of Estonia.

“Ben-Gurion countered this sentiment, not by repudiating vengeance but with cold calculation: ‘If I could take German property without sitting down with them for even a minute but go in with jeeps and machine guns to the warehouses and take it, I would do that—if, for instance, we had the ability to send a hundred divisions and tell them, ‘Take it.’ But we can’t do that.’

“The reparations conversation set off a wave of bomb attempts by Israeli militants. One was aimed at the foreign ministry in Tel Aviv. Another was aimed at Chancellor Adenauer himself. And one was aimed at the port of Haifa, where the goods bought with reparations money were arriving.”

But once made, Germany’s reparations were undeniably beneficial to the new Jewish state.

“West Germany ultimately agreed to pay Israel 3.45 billion deutsche marks, or more than $7 billion in today’s dollars. Individual reparations claims followed—for psychological trauma, for offense to Jewish honor, for halting law careers, for life insurance, for time spent in concentration camps. Seventeen percent of funds went toward purchasing ships. ‘By the end of 1961, these reparations vessels constituted two-thirds of the Israeli merchant fleet,’ writes the Israeli historian Tom Segev in his book The Seventh Million. ‘From 1953 to 1963, the reparations money funded about a third of the total investment in Israel’s electrical system, which tripled its capacity, and nearly half the total investment in the railways.’

“Israel’s GNP tripled during the 12 years of the agreement. The Bank of Israel attributed 15 percent of this growth, along with 45,000 jobs, to investments made with reparations money. But Segev argues that the impact went far beyond that. Reparations ‘had indisputable psychological and political importance,’ he writes.”

The reparations could not erase a shameful past, but they created a worthy future.

“Reparations could not make up for the murder perpetrated by the Nazis. But they did launch Germany’s reckoning with itself, and perhaps provided a road map for how a great civilization might make itself worthy of the name.

“Assessing the reparations agreement, David Ben-Gurion[13] said ‘For the first time in the history of relations between people, a precedent has been created by which a great State, as a result of moral pressure alone, takes it upon itself to pay compensation to the victims of the government that preceded it. For the first time in the history of a people that has been persecuted, oppressed, plundered and despoiled for hundreds of years in the countries of Europe, a persecutor and despoiler has been obliged to return part of his spoils and has even undertaken to make collective reparation as partial compensation for material losses.’”[14]

What U.S. Reparations Require

Reparations for U.S. slavery require an admission before the watching world that the American founding legal system created a racist regime of national cruelty, our fledgling nation shaped itself on those terms for its first centuries, this regime persisted into a Civil War that purportedly overthrew it, de facto slavery continued for another hundred years, even the landmark legislation of the 1960’s Civil Rights Movement did not eradicate either legal or de facto racism, which persisted in the form of cultural discrimination, systemic racism still persists today.

In addition, reparations require a commitment to set things to right. This history has left a toxic stain on the U.S. national identity that we wish to remedy with a fresh vision for what our national culture could be if we were to chart a non-racial course into our future and thereby redeem what it means to be “the land of the free.” We wish to make amends, to chart a new course and see it through, and we welcome the assistance of the aspirational ideal of governments everywhere that nations exist to improve the lives of their citizens.”

In a word, reparations require humility – in particular, a formal end to the U.S. claim of national exceptionalism.

“The City Upon a Hill”

The idea of American exceptionalism is 400 years old — born in the context of colonial era belief in white European superiority. It is therefore by definition at odds with racial equality.

“In 1630, John Winthrop, the first Puritan governor of Massachusetts Bay, declared that ‘we shall be as a city upon a hill.’

“In its own day, Winthrop’s sermon [entitled “A Model of Christian Charity”] went unrecorded, unpublished, and almost entirely unnoticed. It was found and first published in 1838—at which point it continued to be ignored for another century.

“When President Ronald Reagan used Winthrop’s words to describe America, he helped transform ‘A Model of Christian Charity’ into a foundational text of American culture.[15]

President Reagan repurposed Winthrop’s sermon for the Cold War, using a reconstituted version of the Pilgrims as champions of American freedom.

“The Pilgrim story… enabled early Americans to downplay the role of slavery in our national history. Jamestown came before Plymouth. Enslaved Africans landed before the Pilgrims. Yet if the Pilgrims came for freedom, then these other beginnings could be ignored. To make the story stick, Pilgrims and Puritans—who had slaves themselves and participated in the slave trade—were washed clean of the sin altogether.

“Just as importantly, American exceptionalism has never had a place for Native Americans. Early Anglo-American historians often reimagined Native Americans as the setting against which the “true history” of America takes place. They were part and parcel of the wilderness, the stage for the story that began when Europeans first set foot on a savage and silent shore. For American exceptionalism to cohere, Native Americans had to be removed.”[16]

The popularity of American exceptionalism rises and falls with the times and the generations. Compare these polls from The Pew Research Center: 

Most Americans Think the U.S. is Great, but Fewer say it’s the Greatest (July 2, 2014) – “About three-in-ten (28%) think that the U.S. ‘stands above all other countries in the world,’ while most (58%) say it is ‘one of the greatest countries in the world, along with some others.’ Few Americans (12%) say there are other countries in the world ‘that are better than the U.S.’”

A Majority of Americans Believe The U.S. is One of The Greatest Nations In The World (July 4, 2018) — “More than eight-in-ten (85%) said in a June 2017 survey that the U.S. either ‘stands above all other countries in the world’ (29%) or that it is ‘one of the greatest countries, along with some others’ (56%). While large shares in all adult generations say America is among the greatest countries, those in the Silent Generation (ages 73 to 90 in 2018) are the most likely to say the U.S. ‘stands above” all others’ (46%), while Millennials are the least likely to say this (18%).”

Younger Americans More Likely Than Older Adults to Say There Are Other Countries That Are Better Than The U.S. (January 9, 2020) – “Overall, most Americans say either that the U.S. ‘stands above all other countries’ (24%) or that it is ‘one of the greatest countries, along with some others’ (55%). About one-in-five (21%) say ‘there are other countries that are better than the U.S.’ However, slightly more than a third (36%) of adults ages 18 to 29 say there are other countries that are better than the U.S., the highest share of any age group.”

The Trump administration redirected the idea onto another course altogether.

“The rhetoric of ‘America First’ can sometimes sound like American exceptionalism, but it offers a radically different vision of the nation…. Instead of a history of the nation, America First offers a philosophy. It claims that all countries, including the US, share basically the same goal: to win. “Greatness” is not about values; it is primarily about sovereignty, power, and wealth. The hazards of America First, therefore, come not from a misguided sense of national election, but from the absence of any higher moral good…. America First urges self-interest in a world seen as a survival of the fittest.”[17]

And in 2020. the pandemic called American exceptionalism to account in a whole new way:

“Politicians extol [American exceptionalism]. Scholars debate it. The past decade has battered it. Will the coronavirus crisis finish off this country’s golden view of itself?”[18]

Meanwhile, international law and the prospect of peer membership in the global community fall weakly against American recalcitrance.

“Since its founding, the United States has defined itself as the supreme protector of freedom throughout the world, pointing to its Constitution as the model of law to ensure democracy at home and to protect human rights internationally. Although the United States has consistently emphasized the importance of the international legal system, it has simultaneously distanced itself from many established principles of international law and the institutions that implement them. In fact, the American government has attempted to unilaterally reshape certain doctrines of international law while disregarding others, such as provisions of the Geneva Conventions and the prohibition on torture… America’s selective self-exemption… undermines not only specific legal institutions and norms, but leads to a decreased effectiveness of the global rule of law.” [19]

“Corrective Justice”

The Wall Street Journal editorial cited above continues with the non-legal case for reparations:

“The case for reparations isn’t only a legal one. It is also about coming to terms with the historical injustices that explain continuing frustration and marginalization today. America can’t heal without acknowledging its “original sin”—slavery—and implementing a reparations program that encompasses truth, reconciliation, atonement and compensation.

“The grim legacy of slavery is a form of structural racism that continues to bar social, cited economic, political and health equality for many African-Americans. That is itself a justification for reparations.

“Another is that more than half a century since the end of Jim Crow, innocent African-Americans continue to be murdered at the hands of police officers and vigilantes—apparently with impunity, unless it is caught on video. There can no longer be any question that the legacy of slavery will endure unless reparations are made as a first step toward corrective justice.”[20]

“Corrective justice” benefits far beyond some kind of arbitrary remuneration to the descendants of slaves, as is often discussed. This is far too limited. It ignores a much larger class of beneficiaries that includes the entire nation and all of its citizens.

Corrective justice… grounded in national humility and carried out in an embrace of global accountability, with an aim to heal the past and create a future national trajectory free of racism… Is it just a pipe dream?

No. It’s an historical precedent for national healing, as evident in post-war Germany and the founding of the Jewish state.

And much more, it’s an historic opportunity today for the United States to chart a new course as the Land of the Free.


[1] The United Nations – What We Do, un.org.

[2] The others were China, Great Britain, and the Soviet Union. United Nations – Dumbarton Oaks and Yalta.

[3] The Rome Statute, Article 7.

[4] Statute of Limitations, Investopedia (Aug. 29, 2020). See the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, Office of the United Nations High Commissioner for Human Rights (Nov. 11, 1970).

[5] 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.

[6] International Law Demands Reparations for American Slavery, The Wall Street Journal (June 9, 2020).

[7] Benjamin Ferencz: The last surviving Nuremberg prosecutor, Aljazeera (Mar. 11, 2020). See also Last Surviving Prosecutor At Nuremberg Trials Says Trump’s Family Separation Policy Is “Crime Against Humanity, The Independent (August 9, 2018).

[8] Last surviving prosecutor at Nuremberg trials says Trump’s family separation policy is ‘crime against humanity,” the Independent (Oct. 16, 2018)

[9] The Rome Statute, Article 7.

[10] Last surviving prosecutor at Nuremberg trials says Trump’s family separation policy is ‘crime against humanity,” the Independent (Oct. 16, 2018)

[11] YouTube. See Wikipedia — Trump administration family separation policy.

[12] The Story Behind the Poem on the Statue of Liberty, The Atlantic (Jan. 15, 2018)

[13] Encyclopedia Britannica – David Ben-Gurion.

[14] Coates, Ta-Nehisi, The Case for Reparationstwo hundred fifty years of slavery. Ninety years of Jim Crow. Sixty years of separate but equal. Thirty-five years of racist housing policy. Until we reckon with our compounding moral debts, America will never be whole. The Atlantic (June 2014).

[15] Hoselton, Ryan, Reagan, Clinton, Bush, and Obama All Cited One Puritan Sermon to Explain America, Christianity Today (Sept.17, 2020) – an interview with Abram C. Van Engen, an English professor at Washington University in St. Louis, regarding his book, City on a Hill: A History of American Exceptionalism. See also Wikipedia – City Upon a Hill.

[16] Ibid.

[17] Ibid.

[18] Will a Pandemic Shatter the Perception of American Exceptionalism? The New York Times (April 25, 2020)

[19] Natsu Saito, Meeting the Enemy: American Exceptionalism and International Law,

[20] International Law Demands Reparations for American Slavery, The Wall Street Journal (June 9, 2020).

Reparations [7]: Global Accountability – Part 2

Proposals for reparations for American slavery often focus on centuries-old circumstances, legal issues, and cultural attitudes, proposing compensation to the descendants of slaves for ancestral harm suffered. This view treats slavery as something that ended at the Civil War and ignores its de facto persistence for another century until the 1960’s Civil Rights movement and for yet another 60 years of normalized cultural racism since then. Further, it misses the opportunity that reparations offer:  a chance to cleanse the past and create an inspired future. The global community offers a framework for this kind of opportunity — international human rights law, but the USA has long resisted global accountability, asserting instead its “rugged individualism” version of national sovereignty.

Rugged Individualism Sovereignty

Herbert Hoover introduced the term “rugged individualism” into the American lexicon in a 1928 campaign speech. [1] He began by acknowledging the need for federal control of the WWI mobilization, but rejected it as a standard for going forward, demonizing it as “European” and advocating a return to the Republican Party’s decentralized agenda.

“[At the end of World War I], the most vital of issues both in our own country and around the world was whether government should continue their wartime ownership and operation of… production and distribution. We were challenged with a… choice between the American system of rugged individualism and a European philosophy of diametrically opposed doctrines ­ doctrines of paternalism and state socialism. The acceptance of these ideas would have meant the destruction of self-government through centralization… [and] the undermining of the individual initiative and enterprise through which our people have grown to unparalleled greatness.”[2]

Hoover’s perspective was untimely and off the mark. Rugged individualism didn’t pull the nation out of the 1930’s Great Depression. For that, the country needed another wave of massive federal investment in the New Deal, followed by another centralized war effort. After the second world war, federal guidance shepherded three decades of post-war recovery, but in time the nation returned to rugged individualism as politicians continued to demonize democratic socialism until it became synonymous with Soviet Communism — a characterization both intellectually and historically false.

Sovereignty Without Accountability

Rugged individualism applied to the issue of national sovereignty results in a lack of accountability which 20th Century political theorist Hannah Arendt identified as the identifying hallmark of totalitarianism, since it results in “the possession of all instruments of governmental power and violence in one country.”[3]

The historic roots of this outlook lie in a Biblical hierarchical worldview in which God reigns uncontested at the top, and national charters derive directly from the supreme divine source. God enjoys absolute sovereignty unaccountable to anyone for anything, and is therefore free to enforce divine will by any means, including holy war, genocide, temporal chastisement, and eternal torture. The derivative sovereignty of nations is similarly unrestrained. In this scheme, “the divine right of kings” protected the English monarchs with its declaration that “the king can do no wrong,” and the concept was imported into the Colonies as ”sovereign immunity,” which protects state and federal officials. The divine right of kings and sovereign immunity, like God’s rule, are therefore ultimately totalitarian.

“Many of us see the term [totalitarianism] primarily as polemical, used more to discredit governments than to offer meaningful analyses of them. Scholars often prefer the much broader term authoritarianism, which denotes any form of government that concentrates political power in the hands of an unaccountable elite.”[4]

International Accountability – The Nuremberg Trials

The Nazis in control of Germany operated under their own totalitarian version of national sovereignty, possessing “all instruments of governmental power and violence” which concentrated “political power in the hands of an unaccountable elite.” To hold them accountable after the end of the war, the victorious allies convened the Nuremberg Trials under the authority of a unilaterally-imposed instrument known as the London Charter.[5] The resulting trials defied traditional notions of national sovereignty, as described in a 1946 article in The Atlantic, written by a Federal judge.

“The Nuremberg War Trial has a strong claim to be considered the most significant as well as the most debatable event since the conclusion of hostilities. To those who support the trial it promises the first effective recognition of a world law for the punishment of malefactors who start wars or conduct them in bestial fashion. To the adverse critics the trial appears in many aspects a negation of principles which they regard as the heart of any system of justice under law.

“This sharp division of opinion has not been fully aired largely because it relates to an issue of foreign policy upon which this nation has already acted and on which debate may seem useless or, worse, merely to impair this country’s prestige and power abroad. Moreover, to the casual newspaper reader the long-range implications of the trial are not obvious. He sees most clearly that there are in the dock a score of widely known men who plainly deserve punishment. And he is pleased to note that four victorious nations, who have not been unanimous on all post-war questions, have, by a miracle of administrative skill, united in a proceeding that is overcoming the obstacles of varied languages, professional habits, and legal traditions. But the more profound observer is aware that the foundations of the Nuremberg trial may mark a watershed of modern law.”[6]

The Nuremberg Trials thus initiated an unprecedented accountability for transnational crimes:

“There were many legal and procedural difficulties to overcome in setting up the Nuremberg trials. First, there was no precedent for an international trial of war criminals. There were earlier instances of prosecution for war crimes, such as the execution of Confederate army officer Henry Wirz (1823-65) for his maltreatment of Union prisoners of war during the American Civil War (1861-65); and the courts-martial held by Turkey in 1919-20 to punish those responsible for the Armenian genocide of 1915-16. However, these were trials conducted according to the laws of a single nation rather than, as in the case of the Nuremberg trials, a group of four powers (France, Britain, the Soviet Union and the U.S.) with different legal traditions and practices.

“The Allies eventually established the laws and procedures for the Nuremberg trials with the London Charter of the International Military Tribunal (IMT), issued on August 8, 1945. Among other things, the charter defined three categories of crimes: crimes against peace (including planning, preparing, starting or waging wars of aggression or wars in violation of international agreements), war crimes (including violations of customs or laws of war, including improper treatment of civilians and prisoners of war) and crimes against humanity (including murder, enslavement or deportation of civilians or persecution on political, religious or racial grounds). It was determined that civilian officials as well as military officers could be accused of war crimes.”[7]

“I was only following orders.”

National policy is carried out by individuals, and the Nuremberg Trials eliminated the defense that the accused were merely following the orders of the state. This was an unprecedented evidentiary innovation that, like the London Charter, defied historical notions of state sovereignty, particularly with respect to the actions of military personnel.

“In connection with war crimes of this sort there is only one question of law worth discussing here: Is it a defense to a soldier or civilian defendant that he acted under the order of a superior?

“The defense of superior orders is, upon the authorities, an open question. Without going into details, it may be said that superior orders have never been recognized as a complete defense by German, Russian, or French law, and that they have not been so recognized by civilian courts in the United States or the British Commonwealth of Nations, but they tend to be taken as a complete excuse by Anglo-American military manuals. In this state of the authorities, if the International Military Tribunal in connection with a charge of a war crime refuses to recognize superior orders as a defense, it will not be making a retroactive determination or applying an ex post facto law. It will be merely settling an open question of law as every court frequently does.”[8]

“Slavery was legal at the time” and the International Statute of Limitations for crimes against humanity.

A corollary of the “only following orders” defense is the assertion that slavery was legal at the time. General Lee’s surrender at Appomattox[9] presented a question of lingering guilt to former Confederates that was quickly resolved by Presidential pardons.[10]

International human rights law presents a similar problem. The Rome Statute was created by treaty, to be enforced by the International Criminal Court, effective in 2002.[11] It established four core transnational crimes similar to those applied at the Nuremberg Trials: genocide, crimes against humanity, war crimes, and crimes of aggression. “Enslavement” is included in the Rome Statute’s list of crimes against humanity, [12] and there is no statute of limitations. Therefore it is no defense under international law that American slavery was the law of the times.

“Under international law, crimes against humanity, war crimes, and genocide have no statute of limitations, according to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity and Article 29 of the Rome Statute of the International Criminal Court.”[13]

“In the international arena, the non-applicability of statutory limitations pertains to crimes that are extremely difficult to prosecute immediately after they were committed. This is particularly true of war crimes, crimes against humanity, or genocide. Given the context in which such crimes tend to be carried out, it is often necessary to wait for a change in the situation—an end to the conflict or a change in regime—for it to become possible, in practice, to initiate judicial proceedings. The non-applicability of statutory limitations prevents the most serious crimes, and those most difficult to prosecute, from going unpunished.”[14]

As long as a nation refuses the jurisdiction of international law, and absent an extraordinary unilateral enforcement such as the London Charter, a nation can remain shielded by its own self-declared sovereignty. And since there is no international statute of limitations, the nation has every incentive to keep it that way. No surprise, then, that the United States quickly repudiated the International Criminal Court immediately after the effective date of the Rome Statute. The USA’s main concern:  to protect its military personnel from guilt associated with following orders.

“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.”[15]

The same issue was behind the Trump Administration’s recent ICC sanctions:

“On Thursday, the president followed through on the longstanding threats by his foreign policy team, issuing new sanctions against the ICC over its provocative effort to investigate and prosecute American military, intelligence, and perhaps even former political officials for alleged war crimes in Afghanistan.”[16]

Reparations for American Slavery Under International Law

A recent The Wall Street Journal editorial argued for slavery reparations under international law.

“The prohibition against slavery has now achieved jus cogens—a peremptory norm, from which no derogation is permitted. This is the highest legal status in international law, and it means retroactive responsibility may be imposed on those who violated that norm. This is how the Nazis were prosecuted at Nuremberg: retroactively—for the jus cogens of crimes against humanity. On that basis alone, the U.S. may be held legally responsible for the historical enslavement of Africans and the consequences for their descendants.”[17]

The editorial asserts without qualification that “the U.S. is bound by international law and must be guided by the precedent set by many other countries that have recognized reparations as a means to redress injustice.” But as we’ve seen, even if the USA is accountable for slavery and there is no statute of limitations under international law, the nation can continue to shield itself from global accountability by asserting its rugged individualism sovereignty.

Interference in “Internal Affairs.”

The USA routinely vilifies the world’s dictatorial strongmen for telling us (and the rest of the world) to stop meddling in their internal affairs, failing to notice that this attitude matches our own concept of national sovereignty.

A Google search of “interference with internal affairs” turns up a fascinating look at the futility of international diplomacy on this topic. Invariably, one nation’s “interference in internal affiars” is another’s “crime of aggression.” The U.N.’s Charter tried to find a way through this conflict, but the result raises more questions than answers. Here’s a sample:

“To what extent does the UN Charter permit legitimate violation of the sovereignty of another state, in the absence of international armed conflict or acts of national self defense? Should moral imperatives override legal authority? Even assuming the mandate was soundly based in law, was it breached by the coalition and NATO in the manner of its execution?  While the mandated authority to protect civilians was interpreted most liberally, some might say it was used as a smoke screen for an intent which was subsequently revealed, that of regime change, for which there is no lawful authority under the Charter.”[18]

The USA bypasses this legal sparring by resisting international interference. The Trump administration’s recent sanctions against the ICC replay this familiar theme, as evidenced by editorial commentary from his media supporters:

“In essence, the ICC is the plaything of the European left, post-sovereign technocrats, and progressive legal elites — one-worlders who won’t provide for their own security and dream up schemes to delegitimize actions that sovereign states, especially the United States, take in their national interests.”[19]

“This sanctions regime is fundamentally misguided. It will do little to stop the ICC’s investigation, erodes the U.S. longstanding commitment to human rights and the rule of law, and may undermine one of the most powerful tools in the U.S. foreign policy arsenal — economic sanctions.”[20]

The counterpoint to this commentary is the recognition of the USA’s historical preference for unilateralism.

“Last week, U.S. President Donald Trump signed an executive order imposing sanctions on several individuals associated with the International Criminal Court (ICC). The order is the latest salvo in an ongoing battle against the ICC, which the Trump administration has long sought to undermine in order to avoid accountability for itself and its allies. The move is also part of a broader disengagement with the multilateral system.”[21]

This political preference for “disengagement with the multilateral system” did not deter Trump’s recent call for the U.N. to impose global accountability against China with respect to the pandemic.[22] Chinese leader Xi Jinping responded by citing the USA’s historic unilateralism and isolationism:

“We will continue to narrow differences and resolve disputes with others through dialogue and negotiation. We will not seek to develop only ourselves or engage in zero sum game. Unilateralism is dead.”

“Burying one’s head in the sand like an ostrich in the face of economic globalization, or trying to fight it with Don Quixote’s lance, goes against the trend of history. Let this be clear: the world will never return to isolation.”[23]

Aside from a history of slavery and following orders in Afghanistan, the USA has further issues with human rights law, as evidenced by recent accusations from the last-surviving Nuremberg Trials prosecutor. We’ll look at that next time.

Also coming up, we’ll also look beyond the legal issues of global accountability to the non-legal case for reparations and the opportunity they offer for a national reset.


[1] World History Facts, American “Individualism” Is Shallow and Immoral, Medium Dialogues and Discourse (Sept. 15, 2020).

[2] Full text at Digital History.

[3] Arendt, Hannah, The Origins of Totalitarianism (1951)

[4] Huneke, Samuel Clowes, An End to Totalitarianism, Boston Review (April 16, 2020). Samuel Clowes Huneke  “is an assistant professor of modern German history at George Mason University. His research focuses on Germany after World War II….”

[5] Wikipedia – Nuremberg Charter.

[6] Wyzanski, Charles, Nuremberg: A Fair Trial? A Dangerous Precedent, The Atlantic (April 1946) 

[7] Nuremberg Trials, History.com (updated June 7, 2019, original Jan. 29, 2010)

[8] Wyzankski, op cit.

[9] History.com – Robert E. Lee Surrenders.

[10] Wikipedia – Pardons for Ex-Confederates.

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

[12] The Rome Statute, Article 7.

[14] The Practical Guide to Humanitarian Law, Médecins Sans Frontières (Doctors Without Borders).

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

[16] International Court V. Trump: A Case Of Politics, Not Justice, The Hill (June 15, 2020)

[17] International Law Demands Reparations for American Slavery, The Wall Street Journal (June 9, 2020).

[18] Paphita, Anthony, Intervention in the Internal Affairs of States, E-International Relations (Oct 25 2011).

[19] International Court V. Trump: A Case Of Politics, Not Justice, The Hill (June 15, 2020)

[20] The Danger Of Trump’s New Sanctions On The International Criminal Court And Human Rights Defenders, Brookings Institute (June 11 2020)

[21] Trump’s Chilling Blow To The ICC With International Criminal Court Sanctions, Foreign Policy (June 17, 2020)

[23] Trump Attacks China Over Covid ‘Plague’ As Xi Urges Collaboration In Virus Fight, The Guardian (Sept. 22, 2020).

Reparations [5]:  Moral Compulsion

Reparations for American slavery require a sense of moral compulsion. Moral compulsion requires humility. Are we capable of it?

There is no hope for reparations if the topic is left to business and politics as usual – to the customary manner in which decisions are made, national affairs are conducted, pundits and media outlets clamor for sensationalism, social media serves up clickbait, religion and social science and academia offer their apologetics to an unappreciative public, and the elected and electorate alike close their minds to any opinion other than the one they already hold.

Reparations have no place in a culture given over to polarization, rage, and post-truth subjectivity.

The case for reparations cannot be heard by a society deafened with the noise of the daily outrage and distracted with the madness du jour.

The case for reparations cannot reach a national identity hijacked by endless competing and ever-shapeshifting agendas, histrionic accusations, and the exigencies of life ever more difficult and dystopian.

Reparations have no place where populists fan the fires of rage, and the enraged populace persists in voting against its own self-interest.

Reparations have no chance to gain the support of people long-starved of commitment to their communal welfare, unaware that their own beliefs and truths have done this to them, have dumbed them down with despair and chained them to the incessant grinding of life with no cushion against their misfortunes or safety net to catch them when they fall.

Reparations cannot capture the imagination of a nation that denies its people leisure time for renewal and reflection, that accepts as logical, normal, and virtuous that they should be compelled to labor in a state of total work without respite or gain or opportunity for improvement.

Reparations will not find a way in a nominally democratic country where the practice of democracy languishes under polarized ideologies, where systemic inequalities and social Darwinism are not merely accepted but revered as true and right and just and godly proof of their nation’s superiority.

That, and more, is why reparations don’t have a chance in contemporary America. Is there any countervailing force strong enough to pave the way for them?

Yes there is:  it is moral compulsion.

Moral compulsion is an urgency to set things to right, an overweening determination to be cleansed of an enduring ugliness, to be freed from the burden of national shame, a commitment to individual, cultural, and national transformation, an uncompromising will to transcend the mistakes of the past and meet the unprecedented challenges of today.

Moral compulsion would provide an irrepressible energy to displace the inevitable failure of reparations with robust action to ensure their implementation.

But what place does moral compulsion have in American policy-making at this time? Moral compulsion does not make the agenda of an administration devoted to consolidating its power by fomenting division and perverting the rule of law into a “law and order presidency.” Moral compulsion is also missing from the agenda of an opposition party incapable of anything other than the pathetic hope that if they stay still they will not be seen, if they remain silent they will not be singled out. Reparations have no chance when moral compulsion is unknown on one side of the aisle and a terror on the other. No conversation and compromise will ever be reached when even the least of moral consensus – common decency – cannot find common ground.

America’s current moral vacuum was not always the case.

“In the past, America has played a critical role on the global stage as a model for developing democracies, a crusader for human rights and a bulwark against the spread of authoritarian regimes. Former secretary of state Madeleine Albright once called America “the indispensable nation” for its moral leadership. But unlike ever before, scholars say, America’s commitment to democracy is flagging…. The risk, [Stanford political scientist Larry Diamond] says, is a century defined by the rise of the autocrat.”[1]

That was then.

What is now?

If the 2016 election taught us anything, it was that America had grown tired of its role as the world’s “moral leader.

Moral leadership had become tiresome, our efforts not worth the return. The catastrophes of recent decades of international policy and a lost taste for globalization suggested we were not as suited to the job of worldwide betterment as we once thought. We could pick a fight anywhere in the world and win it, therefore our strategy for bringing freedom and democracy to the world had been to impose our moral will by military force, covertly supported with the covert support of right-wing strongmen through corruption, bribery, torture, and other forms of governmental criminality. Our moral duplicitously was exposed when a raft of domestic and international whistleblowers and secret-leakers disgorged our tactics into public awareness, turning our times and technologies into apocalyptic revelation. They pulled back the facades of our imperial pridefulness, revealed the behind and beneath, ushered in a Great Revealing of ourselves to ourselves. Our secret vaults were opened, our private and vulnerable selves made known, all motives revealed, alliances betrayed, files ransacked, classified access breeched, proprietary information violated, everything hacked and made Open Source, seals all broken, all safes cracked, all containers emptied and their contents strewn across a million conference tables and chronicled in the tabloids.

By 2016, we had lost the stomach for it. Moral leadership had become a “loser.”

There was a moral lesson in all this that we could have learned, and new national self-awareness we could have gained.

    • What we will see, and what we won’t. The lenses we wear. The silos we construct.
    • What we block, recoil from. The shadows in our souls. The things we fear. The parts of us that threaten our own being.
    • Our biases, assumptions, prejudices, projections and deceptions. The cases we build to advantage ourselves, and the lengths we’ll go to cling to them.
    • The order we have imposed on life and the people in it. Rank, pecking order, winners and losers. Who we’ll talk to, friend, like, follow, ally with, and who we won’t. And why.
    • What we consider reasonable, viable, proper, possible… and their opposites.
    • What we will say, and what we won’t.
    • What we will hear, and what we won’t.
    • The secrets we carry, that we are confident will never be known by anyone but ourselves.
    • The cultivated appearances we can no longer keep up.
    • Our selective memories, choices, regrets. And resentments. Alliances betrayed and relationships broken. Forgiveness neither extended nor received.

The new, unflattering self-awareness we might have gained from these revelations could have helped us regain a newly realigned perspective on who we had become. But we didn’t want to hear it, so we didn’t learn it. There were some rare feints at remorse:  press conference confessions saying we were sorry while the betrayed stood stoically by. No one was fooled:  we weren’t sorry we did it, we were sorry we got caught.

What have you gathered to report to your progenitors?
Are your excuses any better than your senator’s?
He held a conference and his wife was standing by his side
He did her dirty but no-one died

What are you waiting for, a kiss or an apology?
You think by now you’d have an A in toxicology
It’s hard to pack the car when all you do is shame us
It’s even harder when the dirtbag’s famous

          The Killers, Run For Cover

Mostly, we stormed and swore vengeance against the prophets of our moral recrimination. We labelled them as traitors and enemies, blew their legal cover, strong-armed foreign governments to give them up to our salivating justice. We were defensive because the truth hurt. American was not as blameless as we wanted to think.

It could have been a moral reckoning, but it wasn’t.

The disorienting truth could have reoriented us as a nation, could have shown us how we had shunned and discarded our ideals to make room for the twin pillars of our foreign policy:  capitalism and militarism, We could have become freshly aware of what we had built while no one was looking and we weren’t paying attention. We could have, but we didn’t. We couldn’t separate ourselves from our need to feel good about ourselves, from our national belief — that we breathe in from childhood and begin learning before preschool — that our nation is the apex of civilization — morally, spiritually, militarily, and economically. If we were appalled at all by what we had become, it was not because of what we might have learned about ourselves but because we were terrified to see our shadow selves dredged up from our  own hidden vaults, now walking the streets; haunting and pursuing , calling us out. We completed our denial and purposeful self-deception by concluding that surely some enemy had done this, had sown tares in our heartland wheat. They had done it. And now we were on to Them, newly justified in our judgment and pure in our hatred of Them.

We had been called to reckon, but we didn’t. We still haven’t. We denied and fled – away from Them and into ourselves. Globalization became a dirty word. Among its many faults was that it had made the world too small. We had too many neighbors too close, too unlike us. We needed our open spaces back, needed to feel again our rugged individualism, the spirit that tamed the Wild West.

“Globalization may be partly to blame [for America’s flagging commitment to democracy]: In an increasingly interconnected world, governing has gotten trickier. ‘If you have a constant flow of capital, people and trade goods, it’s harder to figure out what to do in your own country,’ says political science professor Anna Grzymala-Busse, who directs the Global Populisms Project at the Freeman Spogli Institute. The increasing interdependence of the world’s economies also limits the impact of any one nation’s policies. As mainstream politicians struggle to solve ‘national’ problems that are, in actuality, intertwined with the actions and economies of other countries, voters can start to view them as inept.

“Globalization has stoked nationalism and anti-immigrant sentiment among citizens who fear not only the economic but also the cultural changes that can accompany such shifts. There again, Grzymala-Busse says, populists have stepped in, defining ‘the people’ of a country narrowly and subjugating minority interests. ‘Populist movements have this very corrosive impact on democracy,’ she says.”[2]

We abandoned the global village and rushed home to ourselves –the people we wanted to believe we had once been and still were. We put those people and their country first. We demonized and expelled outsiders, built walls against Them, withdrew trade, made capital calls, foreclosed on collateral, imposed tariffs. We imprisoned them, banned their travel, rejected them. It was our turn, our time, and we would make the best of it.

And none of that helped assuaged our national conscience, rooted as it was in the lies of lost utopia.

Lashed on by those who stood to gain the most from our disorientation, we stormed the gates of the lost Garden in hyped-up agitation, and the more we ranted, the more we became addicted, drugged with the madness of a mob that promised a return to the unjustified and unaccountable superiority we had granted to our idealized and delusional past. We reconstituted our fictional past into a delirious present, created in the image of every broken promise we had ever made.

We doubled down on a bluff, and when the other worldwide players laughed at our bravado, our national resentment turned spiteful and toxic. We turned our rage not only against Them but against ourselves. We banned the notion of the public welfare and communal good. We forfeited our rights to a living wage, to healthcare and education, to security in retirement, to home ownership, to security against our own human frailty and life cycles. We derided the notion of public welfare as weak and pitiful, and converted all of life and culture, law and economics, government and socio-economic policy over to hyper-competition. We traded moral and societal good for law and order, the triumph of power, and the ascension of socio-economic elitism. We drowned out doomsayers with chanted mythologies that placed humans, and particularly Caucasians, at the apex of Creation, crowned with the divine right to subdue it to our own ruin. We jettisoned science, objective truth, and reasonable discourse in favor of an unbridled right to mangle our own truth until it made us gods, force-feeding our starving souls with “reality” that wasn’t.

And now, into our failed and rejected moral leadership and policies of communal hatred comes the idea of reparations for slavery.

Which is why reparations don’t have a chance under America’s populist overlords and their domestic armies. The moral compulsion reparations require has been crushed in the void of our national implosion.

Reparations offer us a way out – a way to restore ourselves and our nation, to push back the night, to draw ourselves back from the brink of our final self-destruction. Paying the moral debt of slavery offers the salving of our collective conscience through restoring and recreating, repairing and remediating the stain of our beginnings and our stumbling path through our own history. It offers to fill the unfathomable moral trough excavated by the systematic brutalization of an entire class of fellow humans in ways that none, nobody, not one of the rest of us would ever. never, not ever accept for ourselves, not in a million years, but that our ancestors carried out in untroubled allegiance to what for them was normal, legal, and their divine right – an ideological tradition the nation has carried on ever since the ultimately empty “victory” of the Civil War, which officially abolished slavery but left untouched its de facto existence.

In our current moral vacuum, reparations for slavery are not just difficult and troublesome and unlikely, they are impossible – irrevocably not-on-my-watch, over-my-dead-body impossible. They have only one hope:

Reparations will be made only when
they are no longer reparations for slavery.

Not even if they are made for racism.

But when they are made for our lost humanity.

The essence of moral compulsion is humility.

America would need to do as Germany did after the Holocaust — publicly relinquish belief in the superiority of white European ancestry. Germans had to abandon the “Teutonic national myth.” Americans would need to abandon the myth of manifest destiny. Humbling ourselves in that way would be heroic.

If Germany’s example plays out in America, there would be violent opposition. And, as Germany’s example also teaches us, humility is a two-way street:  both those making reparations and those benefiting from them must humble themselves to each other and before the eyes of the watching world. Humility will not be easy on either side:

“Humility is the most difficult of all virtues to achieve;
 nothing dies harder than the desire to think well of self.”

T.S. Eliot

We will look more at Germany’s example next time, also at the international mechanism created after WWWII that could help us with the difficult task of humbling ourselves – a mechanism  that America’s government has rejected.

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

[2] Ibid.

Reparations [4]:  The Essential Doubt

And so you see I have come to doubt
All that I once held as true
I stand alone without beliefs
The only truth I know is you.

Kathy’s Song[1]
Paul Simon

We saw last time that the U.S. government could waive its legal defense of sovereign immunity to pave the way for slavery reparations. It would take more than a legal reckoning for that to happen. Law lies on the surface of society, readily visible, but it has deep roots in history and ideology, national identity and mission, values and beliefs, ways of looking at the world and how life works.[2] These ancient root systems invoke fierce allegiances deeply embedded in human psyche and culture. Because the legal doctrine of sovereign immunity is grounded in Biblical doctrine,[3] laying it aside requires doubt and dissent of the highest order – national treason and religious apostasy in a single act.

Doubt of that magnitude is rare beyond description but not without precedent. Consider, for example, Germany’s reparations for World War II, which required not only the international banishment of Nazism, but also the German people’s moral renunciation of Nazism’s philosophical and political roots stretching back to the 19th Century.[4]; In comparison, the USA”s roots of slavery (and hence racism) extend back to the earliest New World settlements, which imported English common law, including the divine right of kings and its nationalistic version, sovereign immunity. Renouncing the latter to pave the way for slavery reparations would require a similar American moral renunciation of centuries of related social, economic, and political ideology and set new terms for a post-racism American state.

That, in turn, would require a reckoning with the “first cause” roots of the divine right of kings and sovereign immunity.

The First Cause Roots of Sovereign Immunity

A “first cause” satisfies the human desire for life to make sense by assigning a cause to every effect. Trouble is, as you trace the cause and effect chain to its remotest origins, you eventually run out of causes, leaving you with only effects. That’s when a first cause comes to the rescue. A first cause has no prior cause – it is so primary that nothing came before it but everything came after it. Since knowledge can’t reach that far back, a first cause is a matter of belief:  you take it on faith, declare the beginning into existence, and go from there.

Western civilization’s worldview historically identified God as the ultimate first cause.

“First cause, in philosophy, is the self-created being (i.e., God) to which every chain of causes must ultimately go back. The term was used by Greek thinkers and became an underlying assumption in the Judeo-Christian tradition. Many philosophers and theologians in this tradition have formulated an argument for the existence of God by claiming that the world that man observes with his senses must have been brought into being by God as the first cause.

“The classic Christian formulation of this argument came from the medieval theologian St. Thomas Aquinas, who was influenced by the thought of the ancient Greek philosopher Aristotle. Aquinas argued that the observable order of causation is not self-explanatory. It can only be accounted for by the existence of a first cause; this first cause, however, must not be considered simply as the first in a series of continuing causes, but rather as first cause in the sense of being the cause for the whole series of observable causes.

“The 18th-century German philosopher Immanuel Kant rejected the argument from causality because, according to one of his central theses, causality cannot legitimately be applied beyond the realm of possible experience to a transcendent cause.

“Protestantism generally has rejected the validity of the first-cause argument; nevertheless, for most Christians it remains an article of faith that God is the first cause of all that exists. The person who conceives of God in this way is apt to look upon the observable world as contingent—i.e., as something that could not exist by itself.”[5]

God is the ultimate Sovereign from which all lesser sovereigns – the king, the national government — derive their existence and legitimacy. God’s first cause Sovereignty justifies God’s right to rule as God sees fit. The king and the state, having been set into place by God, derive a comparable right of domination from God. The king and the national government are to the people what God is to them.

The Divine Right of Kings

When kings ruled countries, their divine line of authority took legal form as the Divine Right of Kings.

“The divine right of kings, divine right, or God’s mandate is a political and religious doctrine of royal and political legitimacy. It stems from a specific metaphysical framework in which the king (or queen) is pre-selected as an heir prior to their birth. By pre-selecting the king’s physical manifestation, the governed populace actively (rather than merely passively) hands the metaphysical selection of the king’s soul – which will inhabit the body and thereby rule them – over to God. In this way, the ‘divine right’ originates as a metaphysical act of humility or submission towards the Godhead.

“Consequentially, it asserts that a monarch (e.g. a king) is subject to no earthly authority, deriving the right to rule directly from divine authority, like the monotheist will of God. The monarch is thus not subject to the will of his people, of the aristocracy, or of any other estate of the realm. It implies that only divine authority can judge an unjust monarch and that any attempt to depose, dethrone or restrict their powers runs contrary to God’s will and may constitute a sacrilegious act.”[6]

The Divine Right of Kings was a favorite doctrine of the first King James of England, who commissioned what would become the King James Version of the Bible partly in response to Puritan challenges to the Church of England’s doctrine of an ordained clergy that could trace its lineage to the original Apostles.

“Divine right of kings, in European history, a political doctrine in defense of monarchical ‘absolutism,’ which asserted that kings derived their authority from God and could not therefore be held accountable for their actions by any earthly authority such as a parliament. Originating in Europe, the divine-right theory can be traced to the medieval conception of God’s award of temporal power to the political ruler, paralleling the award of spiritual power to the church. By the 16th and 17th centuries, however, the new national monarchs were asserting their authority in matters of both church and state. King James I of England (reigned 1603–25) was the foremost exponent of the divine right of king….”[7]

“While throughout much of world history, deified potentates have been the rule, in England, absolute monarchy never got a solid foothold, but there certainly was the attempt. Elements of British political theory and practice encouraged absolutism—the idea and practice that the king is the absolute law and that there is no appeal beyond him. Several movements and ideas hurried along the idea of absolute monarchy in England. One of those ideas was the divine right of kings,

“In England, the idea of the divine right of kings will enter England with James VI of Scotland who will come and rule over both England and Scotland as James I in 1603 and will commence the line of several ‘Stuart’ monarchs. James had definite ideas about his role as monarch, and those ideas included the divine right of kings. Here are just a few of James’ statements that reflect his view that he ruled by divine right:

      • Kings are like gods— “…kings are not only God’s lieutenants upon earth, and sit upon God’s throne, but even by God himself are called gods.”
      • Kings are not to be disputed— “… That as to dispute what God may do is blasphemy….so is it sedition in subjects to dispute what a king may do in the height of his power.”
      • Governing is the business of the king, not the business of the subjects— “you do not meddle with the main points of government; that is my craft . . . to meddle with that were to lesson me . . . I must not be taught my office.”
      • Kings govern by ancient rights that are his to claim— “I would not have you meddle with such ancient rights of mine as I have received from my predecessors . . . .”
      • Kings should not be bothered with requests to change settled law— “…I pray you beware to exhibit for grievance anything that is established by a settled law…”
      • Don’t make a request of a king if you are confident he will say “no.”— “… for it is an undutiful part in subjects to press their king, wherein they know beforehand he will refuse them.”

“James’ views sound egotistical to us today, but he was not the only one that held them. These views were held by others, even some philosophers. For example, the English philosopher Thomas Hobbes wrote a work called Leviathan in 1651 in which he said that men must surrender their rights to a sovereign in exchange for protection. While Hobbes’ was not promoting the divine right of kings per se, he was providing a philosophy to justify a very strong absolute ruler, the kind that the divine right of kings prescribes. Sir Robert Filmer was a facilitator of the divine right of kings and wrote a book about it called Patriarcha (1660) in which he said that the state is like a family and that the king is a father to his people. Filmer also says that the first king was Adam and that Adam’s sons rule the nations of the world today. So, the King of England would be considered the eldest son of Adam in England or the King of France would be Adam’s eldest son in France.”[8]

King James, Witch Hunter

King James had no impartial academic interest in a Bible translation that supported his divine right:  during his reign, the “Cradle King” accumulated a long list of covered offenses that included mass murder, torture, injustice, tracheary, cruelty, and misogyny.

“The witch-hunts that swept across Europe from 1450 to 1750 were among the most controversial and terrifying phenomena in history – holocausts of their times. Historians have long attempted to explain why and how they took such rapid and enduring hold in communities as disparate and distant from one another as Navarre and Copenhagen. They resulted in the trial of around 100,000 people (most of them women), a little under half of whom were 
put to death.

“One of the most active centres of witch-hunting was Scotland, where perhaps 
4,000 people were consigned to the flames – 
a striking number for such a small country, 
and more than double the execution rate in England. The ferocity of these persecutions can be attributed to the most notorious royal witch-hunter: King James VI of Scotland, who in 1603 became James I of England.

“Most of the suspects soon confessed – under torture – to concocting a host of bizarre and gruesome spells and rituals in order to whip up the storm.… James was so appalled when he heard such tales that he decided to personally superintend the interrogations… while the king looked on with ‘great delight’.

“James’s beliefs had a dangerously misogynistic core. He grew up to scorn – even revile – women. Though he was by no means alone in his view of the natural weakness and inferiority of women, his aversion towards them was unusually intense. He took every opportunity to propound the view that they were far more likely than men to succumb to witchcraft…. He would later commission a new version of the Bible in which all references to witches were rewritten in the female gender.

“Most witchcraft trials constituted grave miscarriages of justice…. If the actual facts of a case were unsatisfactory, or did not teach a clear enough moral lesson, then they were enhanced, added to or simply changed.”[9]

When the new King James Bible substantiated the King’s divine right to carry on these activities, and when the USA imported the king’s divine right into its legal system as sovereign immunity, both acknowledged God as the first cause of these legal doctrines. Like the King, the U.S. government also has a long list of covered offenses:  the treatment of slaves during the reign of legal slavery mirrors King James’ obsession with brutalizing, lynching, and murdering witches.

In the U.S., where a 2019 Gallup Poll found that 64% – 87% of Americans believe in God  (depending on how the question was asked), there remain many ”Christians [for whom] it remains an article of faith that God is the first cause of all that exists.[10] As a result, we see in the USA’s current social and political climate both explicit and implicit affirmation of the following Bible passages (which the online source appropriately expresses in the King James version) to substantiate the ability of national leaders to avoid accountability for acts of governance that sponsor this kind of horrifying treatment of citizens.[11]:

“Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation. For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil. Wherefore ye must needs be subject, not only for wrath, but also for conscience sake.” Romans 13:1-5, KJV

“Lift not up your horn on high: speak not with a stiff neck. For promotion cometh neither from the east, nor from the west, nor from the south. But God is the judge: he putteth down one, and setteth up another.” Psalms 75:5-7, KJV

“Daniel answered and said, Blessed be the name of God for ever and ever: for wisdom and might are his: And he changeth the times and the seasons: he removeth kings, and setteth up kings: he giveth wisdom unto the wise, and knowledge to them that know understanding:” Daniel 2:20-21, KJV

“This matter is by the decree of the watchers, and the demand by the word of the holy ones: to the intent that the living may know that the most High ruleth in the kingdom of men, and giveth it to whomsoever he will, and setteth up over it the basest of men.” Daniel 4:17, KJV

“I have made the earth, the man and the beast that are upon the ground, by my great power and by my outstretched arm, and have given it unto whom it seemed meet unto me.” Jeremiah 27:5, KJV

“The king’s heart is in the hand of the LORD, as the rivers of water: he turneth it whithersoever he will.” Proverbs 21:1, KJV

“For rebellion is as the sin of witchcraft, and stubbornness is as iniquity and idolatry. Because thou hast rejected the word of the LORD, he hath also rejected thee from being king. And Saul said unto Samuel, I have sinned: for I have transgressed the commandment of the LORD, and thy words: because I feared the people, and obeyed their voice. Now therefore, I pray thee, pardon my sin, and turn again with me, that I may worship the LORD. And Samuel said unto Saul, I will not return with thee: for thou hast rejected the word of the LORD, and the LORD hath rejected thee from being king over Israel.” 1 Samuel 15:23-26, KJV

“And upon a set day Herod, arrayed in royal apparel, sat upon his throne, and made an oration unto them. And the people gave a shout, saying, It is the voice of a god, and not of a man. And immediately the angel of the Lord smote him, because he gave not God the glory: and he was eaten of worms, and gave up the ghost.” Acts 12:21-23, KJV

The Ultimate Focus of Doubt:  God

In “Abrahamic” cultures — Jewish, Muslim, and Christian – the Biblical God is the first cause of the divine right of kings and sovereign immunity. The full force of patriotic nationalism and religious zeal therefore originates with God – which explains why a surprising number of European nations had blasphemy laws on the books until not that long ago, and why some nations still do.[12]

“Blasphemy is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable.”[13]

God, it seems, like kings and sovereign nations, has much to be excused from. Aside from the Biblical God’s sponsorship of war, genocide, mass murder, rape, torture, and brutality to humans and animals, a list of modern labels would include misogynist, homophobe, and xenophobe. But of course you don’t think that way if you’re a believer, because that would be blasphemy, often punishable by death, often after the infliction of the kind of cruel and unusual punishment reserved for the faithful and unfaithful alike. As for the latter, the Bible makes it a badge of honor for the faithful to suffer in the name of God:

“Some were tortured, refusing to accept release, so that they might rise again to a better life. Others suffered mocking and flogging, and even chains and imprisonment. They were stoned, they were sawn in two, they were killed with the sword. They went about in skins of sheep and goats, destitute, afflicted, mistreated—of whom the world was not worthy—wandering about in deserts and mountains, and in dens and caves of the earth. And all these, though commended through their faith, did not receive what was promised,” Hebrews 11:  35-39.ESV

Transformation Made Possible by Doubt

Nonbelievers not vexed with these kinds of rights of the sovereign and duties of the governed are free to doubt God’s first cause status and its derivative doctrines, laws, and policies. In the USA, doubt embraced on that level would open the door to any number of contrary beliefs – for example:

    • The state does not enjoy superior status — historically, legally, morally, or otherwise – that gives it a right to act without consequence.
    • The people governed are therefore not bound – theologically, morally, or otherwise – to submit to government that is not responsible for its actions.

Once you’re no longer worried about breaking faith with God as the first cause of your national institutional structure, a while new “social contract” (also discussed last time) between government and the people becomes possible – a contract that would, in effect, not be satisfied with paying only descendants of slaves “damages” for past harm, but would look to establish a fresh national vision of the duties of those who govern and the rights and freedoms of the governed. The result, it would seem, is the possibility of ending the USA’s institutionalized racism for good.

[1] Who was Paul Simon’s Kathy? And whatever happened to her? See this article from The Guardian.

[2] See the Belief Systems and Culture category of posts in my Iconoclast.blog.

[3] The Founding Myth: Why Christian Nationalism Is Un-American, Andrew L. Seidel (2019). Although the USA was not founded as a Christian nation, its core values and beliefs, like those of other Western countries, are Classical and Biblical in origin.

[4]  See Alpha History and The Mises Institute on the historical origins of Nazism.

[5]  Encyclopedia Britannica. See also New World Encyclopedia and the Stanford Dictionary of Philosophy.

[6] Wikipedia – The Divine Right of Kings.

[7] Encyclopedia Britannica and Wikipedia.. See also the New World Encyclopedia

[8] Owlcation

[9] Borman, Tracy, James VI And I: The King Who Hunted Witches,  History Extra (BBC Historical Magazine)  (March 27, 2019)

[10]  Encyclopedia Britannica. See also New World Encyclopedia and the Stanford Dictionary of Philosophy.

[11]Bill’s Bible Basics.”

[12]  Wikipedia – Blasphemy law.

[13]  Wikipedia – Blasphemy.

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 ,