Human and political rights, as defined 330 years ago today by England's Parliament, King and Queen

... 

Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;

By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;

By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;

By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes;

By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;

By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;

By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;

By violating the freedom of election of members to serve in Parliament;

By prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;

And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;

And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;

And excessive fines have been imposed;

And illegal and cruel punishments inflicted;

And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;

All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;

. . . 

And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare

That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;

That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;

That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;

That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;

That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;

That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;

That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;

That election of members of Parliament ought to be free;

That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;

That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;

That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;

That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;

And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.

And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; ...

From English Bill of Rights 1689: An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown

Happy Birthday to the self-deprecating vice-president who saved the Supreme Court and the independent judiciary

My cousin and contemporary John Nance "Cactus Jack" Garner III (born 150 years ago today, d. 1967) is known only for saying the vice-presidency "isn't worth a bucket of warm spit," or something like that. But he is actually one of the most important vice-presidents. In 1937, FDR relied on Garner, a former Speaker of the House and legendary back-room politicker, to get his "court packing" bill through Congress. The bill would have let the President appoint enough additional justices to create a compliant majority on the court. But 

"From the start, Garner loathed the plan and thought that it would be a threat to party harmony. He began covertly to rally the opposition."

-- "Court-Packing Plan of 1937," by Lionel V. Patenaude, Texas State Historical Association, citing Lionel V. Patenaude, "Garner, Sumners, and Connally: The Defeat of the Roosevelt Court Bill in 1937," Southwestern Historical Quarterly 74 (July 1970). Lionel V. Patenaude, Texans, Politics and the New Deal (New York: Garland, 1983). Bascom N. Timmons, Garner of Texas (New York: Harper, 1948). 

Garner and his allies managed to make the environment for the bill so toxic that he finally was able to tell FDR he had to withdraw it. "Eventually, Garner was given credit for smoothing over the crisis, but he had also rendered himself persona non grata with the administration." So we have John Nance Garner to thank for the U.S.'s independent judiciary, which has given us everything from racial integration to gay marriage.

The best defense of Jefferson is this attack on him by the Confederate vice-president

“The new constitution has put at rest, forever, all the agitating questions relating to our peculiar institution, African slavery, as it exists amongst us, the proper status of the negro in our form of civilization. This was the immediate cause of the late rupture and present revolution. Jefferson in his forecast, had anticipated this, as the “rock upon which the old Union would split.” He was right. What was conjecture with him, is now a realized fact. But whether he fully comprehended the great truth upon which that rock stood and stands, may be doubted. The prevailing ideas entertained by him and most of the leading statesmen at the time of the formation of the old constitution, were that the enslavement of the African was in violation of the laws of nature; that it was wrong in principle, socially, morally, and politically. It was an evil they knew not well how to deal with, but the general opinion of the men of that day was that, somehow or other in the order of Providence, the institution would be evanescent and pass away. This idea, though not incorporated in the constitution, was the prevailing idea at that time. The constitution, it is true, secured every essential guarantee to the institution while it should last, and hence no argument can be justly urged against the constitutional guarantees thus secured, because of the common sentiment of the day. Those ideas, however, were fundamentally wrong. They rested upon the assumption of the equality of races. This was an error. It was a sandy foundation, and the government built upon it fell when the storm came and the wind blew.”

From the “Corner Stone” Speech, by Alexander H. Stephens, Savannah, Georgia, March 21, 1861

American Library Association condemnation of "Little House" attacks everything the ALA should stand for

The American Library Association and its subsidiary, the Association for Library Service to Children, have voted unanimously to remove Laura Ingalls Wilder's name from an award given to children's book authors and illustrators for the past 64 years. They take pains to say they're only removing her name from the award, not trying to remove her books from libraries, but what they're really doing is far more fundamental: a leading organization is declaring a major children's author to be racist. And not just any major children's author, but one of the liberal heroes of the field, who obviously  disapproved of the racist attitudes that were common during her childhood and even long after her death, who gave us strong, independent female main characters, and showed that the female perspective on life and on historical events was every bit as valid and important and compelling as the male. But the actual evidence they cite does not even purport to show that Wilder expressed or encouraged racism; it consists of subtle critiques that show how Wilder's racial liberalism could be improved upon; or that she is not where to go for a well-rounded, intensive, informed exploration of Indians' history and culture; or that any story told from the white settlers' perspective will include much that will irritate Native Americans.

Looking around the internet for Wilder's alleged racist passages, initially all I could find anyone complaining about are places where Wilder describes and portrays her parents' and other adults' varying attitudes. The whole point of these is that the author disagrees with those attitudes, and wants her readers to disagree with them, but wants them to know they existed and were predominant at the time. That, and the fact that some of the ALSC's statements seem to be specifically about those depictions, make it seem unlikely that there is anything actually racist about the books. That's also what I remember from reading them as a child and as a parent. The actual  ALSC/ALA statements and background materials [links below] don't cite any particular racist messages in the books; they take for granted that Wilder's work has already been deemed racist, problematic, etc. One ALA memo says "her books reflect racist and anti-Native sentiments." The memo cites two academic articles on the subject:

One of the articles, Reese, Debbie. “Indigenizing children’s literature” (2008), Journal of Language and Literacy Education [Online], 4(2), 59-72, does not reference anything that you could call racist in Wilder; it criticizes what facts or memories about Indians Wilder chose to highlight, but can't even convincingly speculate that there were other stories she knew and could have included instead in a childhood memoir. It laments the inclusion of a home visit from Indians wearing skunk glands, but doesn't say that that event didn't happen. The article's actual, legitimate, point is that reading Wilder's books is not the best and most balanced way to learn all about Indians generally and the Osage in particular. Not that anyone ever said it was.

The other article, Kaye, Frances W., "Little Squatter on the Osage Diminished Reserve: Reading Laura Ingalls Wilder’s Kansas Indians" (2000), Great Plains Quarterly, 23, finds Wilder to be racist only on the grounds that any story told from the white settlers' perspective is racist. It actually makes sound, admirable, resounding arguments for that view, but the arguments do not support the message that educators, librarians, students and the public will take away from the ALA's move, which is to single out Wilder as racist and inappropriate. Kaye's article admits that Wilder, and her character in the books, have advanced and humane views for her time. And in fact, that

"The reader of Little House on the Prairie does not identify with the unthinking dislike of Indians demonstrated by Caroline Ingalls or the family bulldog, Jack, nor with the 'only good Indian is a dead Indian' philosophy that Pa explicitly rejects."

Kaye argues that Wilder's very liberalism is what makes her view of Indians so "insidious": By portraying them as suffering victims, she makes their exclusion from the land seem inevitable, and tolerable --

"The myth of the necessary tragedy ... that arises when the determined farmer meets the nomadic wanderer, the tragedy played out in Judeo-Christian myth from the time of Jacob and Esau."

Wilder portrays "good Indians" and thus implies that they were better than "bad Indians" who fought back, Kaye argues. Pa's "good Indian" friend is like Uncle Tom, which makes Wilder as racist as Harriet Beecher Stowe. And that fighting back was justified by a long history of treaties that the settlers were breaking. Kaye provides much interesting history and subversive description of the Osages. She makes valid criticisms of little Laura's views of certain historical events and land-use questions -- she should not have considered farming superior to buffalo hunting, nor complained about the government removing her family and the other white settlers for having no legal right to settle there.

But those have very little to do with what children read the books for, or what they remember from them. Nobody reads these books to learn about Indians. In the 1930s, maybe the Little House books were how some kids got their impressions of Indians, but for at least two generations there have been books widely available that let us at least try to see native and white American history from the natives' side.

If the ALA is relying on Wilder's depictions of racist attitudes that she obviously disagrees with, that means that an organization devoted to popular literacy and critical thinking is endorsing blatant intellectual dishonesty, by willful, simplistic, misunderstanding, in order to be "doing something" about racism even against a victim who isn't guility of racism. Pretending that readers can't distinguish between portrayal and approval, and shouldn't have to learn to do so. (Meaning that obviously Huckleberry Finn will be back on the banned list, and Jack in the Beanstalk must be suppressed for saying giants should grind Englishmen's bones to make bread.) With the predictable result of toppling a literary giant just because she could not see quite as far as the Lilliputians who stand on her shoulders; and permanently shelving a set of books that really do turn kids on to reading, and to history, when there is no reason to believe that other books can do the job just as well.

If on the other hand they're relying on the subtler academic critiques cited in their memos, then they are calling Wilder's books racist based on completely misrepresenting their own evidence, unless they're actually saying that all stories from the pioneers' point of view are now inappropriate.

Dr. Seuss is next. I'm not making this up. See p. 2 of the "ALSC Awards Program/ Strategic Plan" memo

ALA statements and materials on Laura Ingalls Wilder:

• ALA/ALSC statement regarding the Wilder Medal Name Change
• About the Children's Literature Legacy Award
• ALSC Awards Program Review Task Force Recommendation: Laura Ingalls Wilder Award
• Background Document memo: "ALSC Awards Program in Context of Strategic Plan"

 Response from  Laura Ingalls Wilder Legacy and Research Association

Yes, Virginia, "You, too, will meet the secret police!"

-- So Jello Biafra sang on his Spoken Word Album, which he gave me several copies of when my ACLU chapter had him come speak to an unexpectedly huge and raucous crowd at my college. But I never thought we would actually have entirely secret police in Virginia, where the Bill of Rights was invented. 

Virginia bill to keep officers' names secret would be first in the nation, experts say

By Gary A. Harki and Patrick Wilson, The Virginian-Pilot

Jefferson is why the modern world values equality, democracy, and human rights

By John Crouch

On his 275^th birthday, Thomas Jefferson is in danger of getting run out of town on a rail, his statues teetering on a slippery slope which we had been told would become dry and level as soon as Robert E. Lee was cast down it. We already knew he was a slaveowner and probably a race-mixing unwed father, but lately we’ve been confronted with the inhumane cruelties that slavery involved even at Monticello, and some are calling him a rapist and a child molester because Sally Hemings was a slave and was 16 when she first became pregnant.

But at the  same time, without Jefferson, we would not have today’s movements for racial equality and other human equality, we wouldn’t have had the Civil Rights movement and its imitators, and even Abolitionism would have been very different and less popular. Now, it’s well known that he is where Americans think that we get most of our ideas about liberty. But what we forget, in these days when we’re focused on a mostly false opposition between liberty and equality, is that he is much more uniquely, and crucially, the source of our beliefs in equality, democracy, and universal human rights. As the author of the Declaration of Independence, as the founder of the Democratic Party, and as a powerful, lifelong agitator for expanding political liberty and equality.

Without him, the American Revolution, and the American idea, would likely have been about defending the hereditary rights of free-holding Englishmen. Perhaps inspiring enough to achieve independence, perhaps not. But not much of an inspiration to the rest of the world, and far less appealing to Christians and philosophers than declaring our independence by announcing:

"That all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness."

This ideology and theology of radical human equality was not Jefferson’s invention: it had colorful, eccentric champions during the English Civil War and Commonwealth era (1640s-50s), Quakerism seems consistent with it if not based on it, and Hobbes and Locke used it in different ways as a starting point for their philosophies. The idea had recently been expressed in Thomas Paine’s Common Sense, and in George Mason’s Virginia Declaration of Rights. But Jefferson put it at the top of America’s founding document, its public statement of what its war was about, where everyone read it or had it read to them.

And Americans would not have their wide and deep belief in equality and democracy if it were not for the ongoing work of Jefferson and the political party he founded, which was always the democratic party even when it was still named “Republican” or “Antifederalist.” Even when it fostered and exploited racism, it did so using democratic rhetoric that ultimately arcs towards equality for all. Even now and in the days of Woodrow Wilson when it seems like the more elitist and “Progressive” party, it pays truly valuable lip service to democracy and believes it can reconcile all such contradictions; it contains multitudes with more consistently democratic impulses, which they carry with them to other parties if they leave the party in disgust, fear and sorrow. Even the Whigs and the modern Republican party inherited more from it than from the old, aristocratic Federalists.

Lately both the elitist Progressives, and a few loud, immature, shallow Libertarians, like to pit liberty and equality against each other. They envision a wealthy and antisocial Individual exercising individual liberty for his own amusement and benefit, at the expense and indulgence of a democratic government that seeks to constrain him for the common good of the many and the poor. But that wasn’t the situation in Jefferson’s time, nor for most of our history, nor today. Jefferson and generations of his contemporaries feared governments that suppressed individual rights in order to suppress the majority and subvert or prevent democracy. They saw absolutist governments create privileged elites, not equality. They knew that democracy can’t function as democracy if individuals aren’t free to express their actual beliefs, spread news, and try to persuade each other and their representatives. Nor without the other freedoms in our Constitution. And they fought for individual liberty, not because it let them do selfish things or express their unique selves, but to be free to do what they thought was their duty to God and to society.

On Jefferson’s birthday, we remember that he was far from perfect on issues of liberty and of equality. But he worked to expand both of them, and so should we.

"Investigating" citizens who lobby against you (AKA "petition for redress of grievances") has a long and un-American history

"At the behest of the Roosevelt administration in 1935, the U.S. Senate established a special committee to investigate lobbying activities by opponents of the ... Public Utility Holding Company Bill. Chaired by Hugo L. Black (D-Ala.), the “Black Committee” expanded its mission into a more general probe of anti–New Deal organizations and individuals. The committee used highly intrusive methods, notably catch-all dragnet subpoenas, to secure evidence. It worked closely with the IRS for access to tax returns and with the FCC to obtain copies of millions of telegrams. When the telegram search became public information, there was a major backlash from the press, Congress, and the courts. Court rulings in 1936, resulting from suits by William Randolph Hearst and others, not only limited the committee’s powers but provided important checks [on] future investigators, including Senator Joseph McCarthy."

New Deal Mass Surveillance: The “Black Inquisition Committee,” 1935–1936

 

David T. Beito, Journal of Policy History,Volume 30, Issue 2, April 2018 , pp. 169-201

Other formats, publication info and abstract

How "Snowflakes" Cause Police Shootings, Lynchings, Witch Burnings ... But Only Because Our Culture & Institutions Encourage Them

Not the Onion. Not "Reno 911". This is why hypersensitive "snowflakes" are such a serious problem. They make completely innocent, ordinary people get treated like dangerous criminals. In the old days it led to witch burnings, then lynchings, and nowadays police shootings. I was reminded that "snowflakes" are so deadly when I saw a timely article about lynchings, including some men and boys who were lynched for "frightening" white women and girls. One was a Leesburg, Virginia teen who put a bag over his head to startle a white friend. Another is merely reported to have "acted peculiarly."

These days, as a Charlottesville, Va. area farmer recently explained, it's "Nervous white women in yoga pants" who "see something, say something" when they see a black man where they don't expect any to be. Over 12 times, "police would 'happen by' and sometimes even question me five or ten minutes after I got a strange look from a passerby ... I know to smile and give them the non-threatening black guy kind of thing, but all it really takes is for one of us to have a bad day and I could end up another tragedy in the street." 

But back to the lady in this incredibly credulous news story and viral youtube craze. She saw four people in different places doing stuff like walking down the street or sitting in their cars, and just KNEW they were a gang of sex-slaver kidnappers. And she still hasn't been evaluated for paranoid schizophrenia. She's too busy being lauded as a hero on Facebook for "surviving" it and "raising awareness." Got 2900 likes, 5200 shares so far.

 THAT WAS MY ORIGINAL FACEBOOK POST. BUT HERE'S MY LATER CAVEAT.

I had a great post ready to go, but I thought I had better listen to her whole miserable 13-minute video about it first. There were a couple key facts the original news article, though sympathetic to her sick crusade, left out, which make her fears about the first guy subjectively reasonable.

1. He was walking behind them and she slowed down so he'd pass them, and he slowed down too. Either because he was a stalker, or because her family took up a lot of the sidewalk and he couldn't get past them without brushing too close, which would reasonably give offense and alarm.
2. They U-turned, and he U-turned too. Either because he was a stalker, or because he wanted to ask her husband something -- which he, in fact, did. She doesn't say what he asked her husband.

After that, she was running on fear, and that's why she saw fellow-conspirators everywhere, including one guy who looked over her 5-year-old daughter like a man looks at a woman, as we used to say before it became dicey for a man to look at a woman that way. She saw him do that, although her perception may have been warped by her fear, and in my experience people often read way too much into what they think they see on people's faces and eyes.

And then she talked to people who specialize in working with sex traffic victims. And they, like all specialists in any particular social problem, saw that problem everywhere. Whatever she described,  they said it was something sex traffickers had been known to do.

So she wasn't actually the most dangerous, paranoid-schizo snowflake in the blizzard, but to apply her logic, she MIGHT'VE been, and we need to "raise awareness" about such people.

But while we're at it, let's raise awareness of the things we do that fan the flames, I mean fan the snow machines, and figure out how to do better.

"Reno mom reports close call with child sex traffickers: ‘Something’s not right'"

"Mom's Run-In with Alleged Sex Traffickers Goes Viral. But Nothing Happened."

"It could happen to you, whatever 'it' is."

By Lenore Skenazy in Reason

Monumental exploration of working class "voting againsts its interests" totally begs question, what econ policy IS in its interests?

 Does the White Working Class Really Vote Against Its Own Interests?

By JOSHUA ZEITZ in Politico

"Identity Politics" is profoundly emotionally authentic; fills role once played by family.

Legions of critics endlessly cite the logical flaws and dangers of "Identity Politics" on the left and even on the right, but as Mary Eberstadt points out, they overlook that emotionally, it's deeply authentic and heartfelt. Indeed, it has become the key to its believers' personal identities.

Now, in some ways, politics has always been about identity, but it's been based on identities that people could take for granted and don't have to prove and constantly have affirmed: first, family; then place, religion, and ethnicity. And Americans have always formed like-minded, politically-active voluntary groups, including ones based on minority race and ethnicity.

But looking for the causes of the surging rage and occasional mass hysteria that now swirls around I.P., Eberstadt notes that the normal sources of "identity" throughout history, especially family, have lost most of their power and permanence. We have far fewer people whom we consider "family" in the sense of loyalty, commonality, permanence, and identity. And you don't have to share Eberstadt's traditional Catholic views of sexual and family issues to be concerned about the breakdown of families and what rough beasts are emerging to replace them. 

The Primal Scream of Identity Politics

By MARY EBERSTADT in THE WEEKLY STANDARD. 

 

 

PC "Call-out Culture" Terrifies Its Own Activists. But That's What It's FOR! Also, Great Ideas From the Left that PC Shuts Down.

PC's main function is to keep the foot soldiers of the Left in line, and make them afraid to express any original thought or to even suggest being more tolerant or respectful of the enemy, or acknowledging any common ground. So if its own people fear it, as author Frances Lee does, that just means it's working as designed. Same reason infantry officers carry revolvers, not rifles. Perfect example from Lee's article:

"In response to the unrestrained use of callouts and unchecked self-righteousness by leftist activists, I spend enormous amounts of energy protecting my activist identity from attack. I self-police what I say when among other activists. If I’m not 100 percent sold on the reasons for a political protest, I keep those opinions to myself—though I might show up anyway. On social media, I’ve stopped commenting with thoughtful push back on popular social justice positions for fear of being called out. For example, even though some women at the 2017 women’s march reproduced the false and transmisogynistic idea that all women have vaginas ..."

Sounds like what I learned as a left-liberal would-be activist in college, except for that last bit. Great read though, and I'm glad this distress call made it through the censors -- for now. I'm including the whole text in case it somehow gets taken down in the future, if and when they get Lee to apologize, accept discipline and love Big Brother.

The article has many other uniquely well-expressed points about truly engaging and respecting adversaries based on common humanity instead of teh rhetoric of irreconcileable differences, knowing when to be soft and when to be hard, and owning one's own imperfection and responsilbilty for oppression without ceding one's right to talk about those things to others who claim absolute purity.

 

Why I’ve Started to Fear My Fellow Social Justice Activists

We are alienating each other with unrestrained callouts and unchecked self-righteousness. Here’s how that can stop.

 

By Frances Lee at yesmagazine.org

 

Callout culture. The quest for purity. Privilege theory taken to extremes. I’ve observed some of these questionable patterns in my activist communities over the past several years.

As an activist, I stand with others against white supremacy, anti-blackness, cisheteropatriarchy, capitalism, and imperialism. I am queer, trans, Chinese American, middle class, and able-bodied.

Holding these identities scattered across the spectrum of privilege, I have done my best to find my place in the movement, while educating myself on social justice issues to the best of my ability. But after witnessing countless people be ruthlessly torn apart in community for their mistakes and missteps, I started to fear my own comrades.

As a cultural studies scholar, I am interested in how that culture—as expressed through discourse and popular narratives—does the work of power. Many disciplinary practices of the activist culture succeed in curbing oppressive behaviors. Callouts, for example, are necessary for identifying and addressing problematic behavior. But have they become the default response to fending off harm? Shutting down racist, sexist, and similar conversations protects vulnerable participants. But has it devolved into simply shutting down all dissenting ideas? When these tactics are liberally applied, without limit, inside marginalized groups, I believe they hold back movements by alienating both potential allies and their own members.

In response to the unrestrained use of callouts and unchecked self-righteousness by leftist activists, I spend enormous amounts of energy protecting my activist identity from attack. I self-police what I say when among other activists. If I’m not 100 percent sold on the reasons for a political protest, I keep those opinions to myself—though I might show up anyway.

On social media, I’ve stopped commenting with thoughtful push back on popular social justice positions for fear of being called out. For example, even though some women at the 2017 women’s march reproduced the false and transmisogynistic idea that all women have vaginas, I still believe that the event was a critical win for the left and should not be written off so easily as it has been by some in my community.

Understand, even though I am using callouts as a prime example, I am not against them. Several times, I have been called out for ways I have carelessly exhibited ableism, transmisogyny, fatphobia, and xenophobia. I am able to rebound quickly when responding with openness to those situations. I am against a culture that encourages callouts conducted irresponsibly, ones that abandon the person being called out and ones done out of a desire to experience power by humiliating another community member.

I am also concerned about who controls the language of social justice, as I see it wielded as a weapon against community members who don’t have access to this rapidly evolving lexicon. Terms like “oppression,” “tone policing,” “emotional labor,” “diversity,” and “allyship” are all used in specific ways to draw attention to the plight of minoritized people. Yet their meanings can also be manipulated to attack and exclude.

Furthermore, most social justice 101 articles I see online are prescriptive checklists. Although these can be useful resources for someone who has little familiarity with these issues, I worry that this model of education contributes to the false idea that we have only one way to think about, talk about, and ultimately, do activism. I think that movements are able to fully breathe only when there is a plurality of tactics, and to some extent, of ideologies.

I am not the first nor the last to point out that these movements for liberation and justice are exhibiting the same oppressive patterns that we are fighting against in larger society. Rather than wallowing in critique or walking away from this work, I choose a third option—that we as a community slow down, acknowledge this pattern and develop an ethics of activism as a response.

I believe it’s sorely needed as we struggle to mobilize in a chaotic and unjust world.

What might an ethics of activism look like?

Knowing when to be hard and when to be soft

I believe that when confronting unjust situations and unjust people, sometimes hardness is necessary, and other times softness is appropriate. Gaining the discernment to know when to use each is a task for a lifetime. I have often seen a burning anger at the core of activism, especially for newer activists. Anger can be righteous, and it often is when stemming from marginalized peoples weary of being mistreated. And yet, I want to use my anger as a tool for reaching the deeper, healing powers I possess when carving out a path of sustainable activism. Black social justice facilitator and doula adrienne maree brown writes of her oppressors, “What if what’s needed isn’t sexy, intimidating or violent? What if what is needed is forgiveness?” I’ve spent a good deal of energy exercising my ability to speak truth to power and boldly naming my enemies. Perhaps it is time to massage my heart so that I can choose to be soft toward someone in community who is hurting me, and open up the possibility of mutual transformation.

Adopting a politics of imperfection and responsibility

I have been mulling over sociologist Alexis Shotwell’s call for the left to adopt a “politics of imperfection and responsibility” as one way to move forward toward action and away from purity. A politics of imperfection asks me to openly acknowledge the ways in which my family and I have benefited and continue to benefit from oppressive systems such as slavery, capitalism, and settler colonialism. This is an ongoing investigation into my own complicity.  I am a Chinese American with immigrant parents, and my family has built economic stability by buying into the model minority myth, which is based largely in anti-blackness. As uninvited guests and visitors to this part of the world, we have claimed our new home on lands stolen from indigenous peoples. A politics of responsibility means that as I am complicit in harmful systems, I also possess full agency to do good. This allows me to commit to dismantling these systems and embracing centuries-long legacies of resistance. It means I am accountable in community spaces and do not destroy myself when others call me out on my errors. It means I practice a generosity of spirit and forgiveness towards myself and others. To do all this, I must publicly claim both imperfection and personal responsibility as an activist.

Tapping into our shared humanity

Marginalized people ask that privileged people look at them and see a human being, not a lesser-than being. Oppressive systems operate by systemically dehumanizing some groups for the benefit of others. On the flip side, I believe people with privilege are dehumanized when internalizing their societal supremacy over others. For example, the ethnographic studies that have been conducted to explain the election of Donald Trump have revealed the mass identity crisis in white America. We have seen poor and working class white Americans denounce people of color and diversity efforts because, sadly, they perceive them as threats to their historically established power and access. Rather than base cultural identities solely on power, could we tap into what we all have in common: our humanity, no matter how trampled it is? Black public theologianChristena Cleveland practices envisioning the humanity in those who challenge and attack her. According to her, training herself to cultivate love for her enemies makes it more effective for her to communicate and speak her truth into their hearts. She is as concerned about her well-being as she is about transforming antagonistic people in her life into “liberated oppressors.” Black elder activist Ruby Sales firmly tells her oppressors, with unyielding love in her voice: “You can’t make me hate you.”

These are suggestions that have aided me in navigating toxic social justice environments. In testing them out, I try to stay open to new tactics while understanding that I must remain flexible and responsive to the variable stages of justice work. If we as activists do not feel safe in our experimental microcosms of justice and liberation, what can we attempt to replicate across larger society?

"Corporations are people" is irrelevant to "Citizens United" and other federal-law cases -- just read the case's name!

The phrase "corporations are people" deliberately conjures up images of huge money-grubbing businesses that don't care about people, getting favors from a government that cares more about them than people.  It's widely known to come from from early, "Gilded Age" pro-business interpretations of the 14th Amendment. And yet the very name of the "Citizens United" case should be a giveaway that the freedom of non-profit groups of citizens, advocating about political issues, was at stake in the case. Do those who scoff at Citizens United, for supposedly saying corporations are people, really believe that civil rights groups, women's groups, antiwar groups, veterans' groups, and religious groups, have no Constitutional rights?

The second half of the case's name, "v. Federal Election Commission", is a big clue that 14th Amendment case law about "persons" has nothing to do with it. The part of the 14th Amendment about persons and rights, Section 1, solely restricts what states can do to people or "persons". It reads:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

But the First Amendment, which works directly on the federal government, and indirectly on states through the 14th Amendment, focuses on prohibiting the government from violating freedom of speech, press, or religion, with absolutely no exceptions concerning who or what is speaking, publishing, etc.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; ...

There is a reference to "the people" in the second half of it:

"... or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Justice Kennedy's majority opinion in Citizens United does not say corporations are people. Instead it points out that the First Amendment does not make exceptions for who is doing the speaking or publishing; that all effective speech costs money, and that an argument that "corporations aren't natural persons" is not wrong, but irrelevant to the First Amendment.

Joe Albanese pointed out this crucial but apparently never-noticed distinction today, reveling in the irony of Ben & Jerry's using its free-speech rights to argue against corporations having free-speech rights, in "Is Big Ice Cream Trying to Hijack Our Democracy?" Former Federal Election Commission member Brad Smith says more about groups' free speech rights, and another threat to them, in "Tester’s assault on corporate rights is an assault on people’s rights."

I wish people would read the case opinion before criticizing it, but if you don't do that, you could at least read the case's name and the most important sentence in our Constitution.

What were the stated reasons for secession in 1861?

From The Civil War Trust / civilwar.org's collection of the separate official declarations of GEORGIA, MISSISSIPPI, SOUTH CAROLINA, TEXAS and VIRGINIA:

Slavery. Necessary for the safe existence of the African race in America. Beneficial to both races. Authorized by "the revealed will of the Almighty Creator, as recognized by all Christian nations".

"Slavery-- the greatest material interest of the world. Its labor supplies the product which constitutes by far the largest and most important portions of commerce of the earth. These products are peculiar to the climate verging on the tropical regions, and by an imperious law of nature, none but the black race can bear exposure to the tropical sun. These products have become necessities of the world, and a blow at slavery is a blow at commerce and civilization."

 Free speech, press, and association (against slavery): "They have, through the mails and hired emissaries, sent seditious pamphlets and papers among us to stir up servile insurrection and bring blood and carnage to our firesides."

"Those States have assume the right of deciding upon the propriety of our domestic institutions; and have denied the rights of property established in fifteen of the States and recognized by the Constitution; they have denounced as sinful the institution of slavery; they have permitted open establishment among them of societies, whose avowed object is to disturb the peace and to eloign the property of the citizens of other States. They have encouraged and assisted thousands of our slaves to leave their homes; and those who remain, have been incited by emissaries, books and pictures to servile insurrection."

Politicking (against slavery): "By consolidating their strength, they have placed the slave-holding States in a hopeless minority in the federal congress, and rendered representation of no avail in protecting Southern rights against their exactions and encroachments."

"In all the non-slave-holding States, in violation of that good faith and comity which should exist between entirely distinct nations, the people have formed themselves into a great sectional party, now strong enough in numbers to control the affairs of each of those States, based upon an unnatural feeling of hostility to these Southern States and their beneficent and patriarchal system of African slavery, proclaiming the debasing doctrine of equality of all men, irrespective of race or color-- a doctrine at war with nature, in opposition to the experience of mankind, and in violation of the plainest revelations of Divine Law."

Electing an antislavery President who says a half-slave nation cannot last.

"The party of Lincoln, called the Republican party, under its present name and organization, is of recent origin. It is admitted to be an anti-slavery party. While it attracts to itself by its creed the scattered advocates of exploded political heresies, of condemned theories in political economy, the advocates of commercial restrictions, of protection, of special privileges, of waste and corruption in the administration of Government, anti-slavery is its mission and its purpose. By anti-slavery it is made a power in the state."

Economic policies: protectionism, corporate welfare, monopolies, pork-barrel spending, etc.:

• "In the first years of the Republic the navigating, commercial, and manufacturing interests of the North began to seek profit and aggrandizement at the expense of the agricultural interests. Even the owners of fishing smacks sought and obtained bounties for pursuing their own business (which yet continue), and $500,000 is now paid them annually out of the Treasury. The navigating interests begged for protection against foreign shipbuilders and against competition in the coasting trade."

• "Congress granted both requests, and by prohibitory acts gave an absolute monopoly of this business to each of their interests, which they enjoy without diminution to this day. Not content with these great and unjust advantages, they have sought to throw the legitimate burden of their business as much as possible upon the public; they have succeeded in throwing the cost of light-houses, buoys, and the maintenance of their seamen upon the Treasury, and the Government now pays above $2,000,000 annually for the support of these objects. Theses interests, in connection with the commercial and manufacturing classes, have also succeeded, by means of subventions to mail steamers and the reduction in postage, in relieving their business from the payment of about $7,000,000 annually, throwing it upon the public Treasury under the name of postal deficiency."

• "The manufacturing interests entered into the same struggle early, and has clamored steadily for Government bounties and special favors. This interest was confined mainly to the Eastern and Middle non-slave-holding States. Wielding these great States it held great power and influence, and its demands were in full proportion to its power. The manufacturers and miners wisely based their demands upon special facts and reasons rather than upon general principles, and thereby mollified much of the opposition of the opposing interest. They pleaded in their favor the infancy of their business in this country, the scarcity of labor and capital, the hostile legislation of other countries toward them, the great necessity of their fabrics in the time of war, and the necessity of high duties to pay the debt incurred in our war for independence. These reasons prevailed, and they received for many years enormous bounties by the general acquiescence of the whole country."

• "But when these reasons ceased they were no less clamorous for Government protection, but their clamors were less heeded-- the country had put the principle of protection upon trial and condemned it. After having enjoyed protection to the extent of from 15 to 200 per cent. upon their entire business for above thirty years, the act of 1846 was passed. It avoided sudden change, but the principle was settled, and free trade, low duties, and economy in public expenditures was the verdict of the American people. The South and the Northwestern States sustained this policy. There was but small hope of its reversal; upon the direct issue, none at all."

• "All these classes saw this and felt it and cast about for new allies. The anti-slavery sentiment of the North offered the best chance for success. ..."

"They have impoverished the slave-holding States by unequal and partial legislation, thereby enriching themselves by draining our substance."

Abolitionism:

• "It advocates negro equality, socially and politically, and promotes insurrection and incendiarism in our midst."
• "It has enlisted its press, its pulpit and its schools against us, until the whole popular mind of the North is excited and inflamed with prejudice."
• "It has made combinations and formed associations to carry out its schemes of emancipation in the States and wherever else slavery exists."
• "It seeks not to elevate or to support the slave, but to destroy his present condition without providing a better."
• "It has invaded a State, and invested with the honors of martyrdom the wretch whose purpose was to apply flames to our dwellings, and the weapons of destruction to our lives."
• "It has given indubitable evidence of its design to ruin our agriculture, to prostrate our industrial pursuits and to destroy our social system."

Not cooperating with return of fugitive slaves.

"In the State of New York even the right of transit for a slave has been denied by her tribunals; and the States of Ohio and Iowa have refused to surrender to justice fugitives charged with murder, and with inciting servile insurrection in the State of Virginia."

"They have sent hired emissaries among us to burn our towns and distribute arms and poison to our slaves for the same purpose."

U.S. not protecting us from attacks of "savage Indians" and "Mexican banditti."

Some states have given citizenship to certain people in violation of the Constitution, and their votes helped turn the federal government against slavery.

Our original ratification said we could revoke it when the U.S. government's delegated powers were perverted to our injury and oppression, and now it's oppressing all the "Southern Slaveholding States".

With our neighbors seceding we must choose a side. 

"Utter subjugation awaits us in the Union, if we should consent longer to remain in it. It is not a matter of choice, but of necessity. We must either submit to degradation, and to the loss of property worth four billions of money, or we must secede from the Union framed by our fathers, to secure this as well as every other species of property. For far less cause than this, our fathers separated from the Crown of England."

Leftists master the game of long-term policy change, tacking against strong headwinds. Can libertarians or conservatives do it?

Whatever you think about the merits of the issues, you've got to admire gun controllers' and other social-change movements' strategy and tactics, but also recognize their dishonesty -- their eternal cycle or ratchet between "This legislation merely imposes slight restrictions that hardly inconvenience any reasonable person, we would never try to take away your rights", and "That legislation has failed to seriously reduce the underlying problem and it's time to just ban everything" --  as Daniel Payne does in "Gun Controllers Know Their Policies Won’t Stop Murder. They’re Playing A Different Game", at The Federalist:

... If their proposed remedies would be so obviously and demonstrably unlikely to solve the very problems they claim to intend to solve, then why do gun controllers keep advocating these ridiculous and counterintuitive laws? 

The answer is not hard to see. Gun control advocates, like most political actors, are pragmatic and practical. They understand that certain legislative goals and ambitions must play out over a period of time rather than in a political instant. You can see this type of long-game strategy in, say, the American health-care debate: after seven years of Obamacare, Democrats are increasingly pursuing single-payer, something that was much less feasible before the Affordable Care Act. Indeed, Sen. Harry Reid has explicitly stated that Obamacare is intended solely to be “a step in the right direction” towards single-payer, nothing more.

So it is with gun control: liberals propose these useless laws and regulations not in an attempt to honestly curb gun violence but rather in a long-form attempt to pass other laws down the road. It will be much easier to ban large classes of semiautomatic rifles, after all, after five or ten years of banning scary-looking AR-style “assault weapons.” It will be far easier, too, to sharply restrict firearm purchases after a decade of regulating ammunition sales, the latter of which will soon begin in California.

This doesn’t have to be some grand conspiracy theory or dark, shadowy intrigue. Gun controllers are not stupid. They understand long-form political action as well as anyone. They do not like guns and they are more than patient enough to play the drawn-out politics necessary to curtail American gun rights.

... To be fair, I get it: if the situation were reversed, and I were starting from a legal position in which gun rights were severely restricted in this country, I would play the same game if necessary. It’s the smart thing to do.

Police successfully justify killings with irrational fears, some based on training & jargon

The Unwritten Law That Helps Bad Cops Go Free

by DAVID FRENCH in the National Review

And that's because of "jurors with an authoritarian mindset," Brian Lambert writes:

“... the “authoritarian” aspect refers to those on the receiving end, people who have been acculturated to give uncritical respect to any authority figure, be they parents, teachers, government leaders or cops.

Justice for Castile v. the Authoritarian Juror

by Brian Lambert on wrywingpolitics.com