Has the Supreme Court Legitimized Armed Insurrection?

The scary idea of insurrectionism may have been given a boost by the Supreme Court, according to a new and disturbing book by Joshua Horwitz and Casey Anderson, entitled Guns, Democracy and the Insurrectionist Idea, published by the University of Michigan Press. They argue that in the landmark Heller v. D.C. case of 2008, the majority ruling went far beyond the individual gun rights argument and opened the door to the (previously radical fringe) “insurrectionist” argument that citizens have a right to arm themselves to counter government tyranny. The authors make a strong case that this has potential to undermine Constitutional government, the rule of law, and democracy itself.

I raised similar concerns in chapter 3 of The End of the American Century, on the “Torn Social Fabric,” one important component of which was the huge number of violent crimes in the U.S., and the concomitant prevalence of some 200 million privately owned firearms. There, I raised particular concern about the minority of gun owners who believe that gun ownership provides an extra check on the government itself. As I wrote there ( p. 58):

“They see the Second Amendment to the Constitution as an implicit right of armed Americans to forcibly overthrow the federal government if they view it as tyrannical. It is hard to imagine any constitutional document, especially one with so many democratic checks and balances built into it, providing for its own violent overthrow. But many Americans seem to believe this—yet another reason why the United States is increasingly seen around the world as swimming against the tide of modern civilization.”

Horwitz and Anderson note that when they began writing their book several years ago, this insurrectionist idea was considered marginal, radical, and probably even treasonous. (Article III of the Constitution, in fact, considers levying war against the United States to be treason.) But the Supreme Court’s ruling in the D.C. case has given the insurrectionist idea more stature and respectability, and brought it into the mainstream. Horwitz and Anderson believe that this is a very dangerous precedent, potentially giving cover to those who would forcefully overthrow the U.S. government.

I share their concerns, and believe these concerns have become even more germane in the polarized and radicalized atmosphere of the last few years. Fox News stirs up hatred of the government, and calls into question its very legitimacy. The election of Barack Obama, ironically, has emboldened racists and bigots of all stripes, and led to a huge spike in the number of threats of violence against the President and the government itself.

In their conclusion, Horwitz and Anderson urge that “the Insurrectionist idea should be vigorously challenged by citizens in the court of public opinion and now, after Heller, in courts of law as well.” Among their recommendations for action is “occupying the common ground” with the majority of gun owners who are not Insurrectionists. In my mind, this solution is part of a broader need in the United States—for Americans to find the middle ground, and to isolate and marginalize those who preach hate, violence and intolerance.

Jon Stewart Gives John Yoo a Free Pass

Jon Stewart hosted John Yoo on "The Daily Show" this week, and essentially gave the guy a free pass.

As Deputy Assistant Attorney General in 2003, John Yoo was the author of the infamous "torture memo" which argued that torture was allowable if the physical pain was anything less than "death, organ failure, or the permanent impairment of a significant bodily function." This memo, signed by Yoo, is available at the website of the ACLU at this link. In a debate in 2006 with Notre Dame professor Doug Cassell, Yoo apparently justified even the torture of children, in this exchange:

Cassel: If the President deems that he’s got to torture somebody, including by crushing the testicles of the person’s child, there is no law that can stop him?
Yoo: No treaty.
Cassel: Also no law by Congress. That is what you wrote in the August 2002 memo.
Yoo: I think it depends on why the President thinks he needs to do that.

Torture is explicitly prohibited by the Geneva Conventions; the 1984 Convention Against Torture; the 1948 Universal Declaration of Human Rights; the International Covenant on Civil and Human Rights; and the American Convention on Human Rights. Most scholars also believe torture violates the U.S. Constitution’s prohibition on “cruel and unusual punishment.”

Jon didn't raise any of these issues with Yoo.

Last spring week, a Spanish court opened a criminal investigation against Bush administration officials, including John Yoo,for violating international law in providing the legal framework for the U.S. government’s use of torture. (See my previous post on this).

By almost any measure, the decisions of Yoo and his superiors were legally incompetent. At the very least, their recommendations, and the decisions taken by President Bush, were violations of international law. They come close to crimes against humanity. They should be brought to account in this country, under American law. But Yoo, far from facing indictments in the U.S. continues to teach at one of the most prestigious law schools in the U.S., and continues to find a hearing for his views in the pages of the New York Times and the Wall Street Journal.

Shameful.

And we expect more from Jon Stewart!

Cutting Education Budgets Further Weakens the U.S.

Indiana, like most states, is facing a budget crisis, and Governor Mitch Daniels (President Bush’s former Budget Director) recently proposed cutting $300 million from K-12 education budgets—3.5% of the total. This came on the heels of some searing stories in the Indianapolis Star about the dismal state of public schools in the city.

The Governor argued that he “had no choice.” But I am always wary when someone makes that assertion. We always have choices. The issue is priorities, not a lack of choice. Indiana had no difficulty, for example, raising $720 million to build a new professional football stadium.

Money alone will not solve the problems of public education in Indiana, or in the U.S. But inadequate funding is one of the problems, and budget cuts will simply exacerbate those problems. One reason that the U.S. is falling behind globally in education, and why Indiana is lagging nationally, is because of low levels of funding for education. According to U.N. figures, the U.S. ranks 45th among the countries of the world in public spending on education, as a proportion of the economy. Among the 50 states Indiana ranks #33 in per capita expenses for K-12 education (U.S. Census Bureau data).

It should be no wonder, then, that our schools perform so poorly compared to others, both globally and nationally. The high school graduation rate in Indiana is 73%, placing us in the bottom half of the 50 states. Even worse, Indianapolis ranks dead last among the nation’s 50 largest cities in high school graduation rates

Our spending on education is low, in large part because our state revenues are low. While there has been a big hullabaloo about property taxes in the state, they are overall low compared to other states. As a proportion of household income, they rank 34th among the 50 states. Indiana’s income tax rate is also low, especially given the “flat” rate of 3.4%. Most states have “bracketed” tax rates (as for federal income taxes), which require wealthy people to pay a higher rate than poor people. Almost all such states have top brackets above 5% of income.

So we are getting what we pay for. We have low taxes, low funding for public education, and poor schools. One choice—a necessary one in my view—is to raise taxes, especially on those who can most afford it, and begin providing funding that the schools deserve. We have choices.

U.S. #1 in Cumulative Carbon Emissions

This is why the developing countries are unhappy about U.S. insistence that they cut THEIR carbon emissions!.



See scientist James Hansen's Newsweek article on "Power Failure: Politicians Are Fiddling While the Planet Burns" where he writes that "Planet earth is in imminent peril." We now have evidence, he continues "that continued exploitation of all fossil fuels on Earth threatens not only the other millions of species on the planet but also the survival of humanity itself--and the timetable is shorter than we thought."

While Hansen supported the election of Barack Obama, he now believes that in terms of climate change, "President Obama does not get it" and that he and his advisers have caved to pressure from monied interests.

"Civil resistance may be our best hope," he concludes.

The 21st Century, Multipolarity, and Education

The following email from Gaston Younger provides an interesting perspective on America's global reputation, the rise of other powers (especially in Asia) and the poor state of U.S. public education. As you will see from his emails, Younger lived in both Vietnam and France before coming to the U.S., where he served 20 years with the U.S. Army.
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I just read you book "The end of the American century" and find it very fascinating but yet a gloomy, unpleasant realistic outcome for our country if our elected public officials do not take into consideration the serious situations (financial, economic & educational) facing the US.

I was born in French Indochina & I can attest to the facts on my vacation trip to Vietnam and the surrounding countries of the former French colonial empire that China has replaced both France & the US as the preeminent global power in that part of the world. We should all welcome the new era of multipolar world; however American citizens should definitely demand from their government on both local & federal levels to invest more financial resources in public education if we are to compete successfully with the new rising powers; S Korea, India, China, Brazil.

After the disastrous eight years of the Bush regime & a total lock on power by a fanatical, right wing Taliban GOP controlled US Congress from 1994 until 2006, our country image abroad has dramatically deteriorated. It is incumbent upon informed citizens to urge their elected public officials to take implement immediate actions in the areas of k12 public education & environmental friendly green energy if we are to pull our country out of this economic fiasco.

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After receiving this email, I responded to Gaston, asking him about his own background, and this is his reply:

I was born in Vietnam from a mixed French-Vietnamese ancestry, left Vietnam in '67 for France where I continued my studies & came to the States in '73. I graduated from high school in New Orleans & joined the US Army for the next 20 years as a linguist (French & Arabic). I was stationed mostly throughout the Middle East, did couple tours on the DMZ in Korea & one tour in Germany. I was selected by the Army to attend DLI(Defense Language Institute) where I graduated top 5% in my Arabic class.

I was fortunate to have a throughout French education in my childhood in Indochina. The French educational system is second to none in Western Europe. It emphasizes primarily on the rich tradition of French literature. All kids memorize at an early age "les fables de La Fontaine"by Jean de La Fontaine, the classical works by Victor Hugo, Moliere, Guy De Maupassant, Honore de Balzac, Emile Zola, Albert Camus, Anatole France, Gustave Flaubert.

Thinking about Vietnam in the 20th century, I am saddened by the critical mistakes made by the French government in 1945, when it refused to recognize Ho Chi Minh declaration of independence; however France recognized Laos independence four years after the end of WW2. Did you know Ho Chi Minh actually admired the US? It is unfortunate the cold war allowed many demagogues particularly US Senator Joe McCarthy and many more in the Truman & Eisenhower administrations to demonize Ho Chi Minh & portrayed him a a Soviet stooge or harboring pro-Chinese sentiment while Vietnam has deep mistrust of its northern neighbors for thousand years & lets not forget it was the same Ho Chi Minh who organized the guerrilla warfare against the imperial Japanese Army occupying French Indochina while working closely with the OSS.
Like many Vietnamese, I have a deep admiration for French culture, literature, cuisine, music.

I share many of your political ideas. I worked in 2004 for John Kerry but I was disheartened by the election results, I still could not understand the reasons 58 million Americans voted for a demagogue from the red state of Texas considering his shady personal character & many policies implemented by his administration will definitely affect our country for years to come. I wore the Army uniform for 20 years with pride, but the prisoner sexual abuse at Abu Graibh made me sick to my stomach & soiled our country image throughout the world, I will never forgive this rogue Bush regime for destroying our military, ruined our country image abroad.

The midterm election in 2006 & President Obama successful election in 2008 finally gave us some hope to turn this country around, although it may be a little bit too late. The damage (fiscal policy mismanagement, unilateral foreign policy) has been done.

Obama's Peace Prize, and U.S. Power, as Seen From India

The Nobel Committee's selection of President Obama for the Peace Prize is a recognition of the reality that U.S. power rests "not in its weapons or in its armies, but in the syncretic values of the American people." This is the view of India's M.D. Nalapat, a Professor of Geopolitics at Manipal University. Professor Nalapat's essay, "Peace, Not War, the Best Strategy" appears on the webpage of the China-U.S. Friendship Exchange as part of a dialogue on the themes of my book on The End of the American Century.

This response to Nalapat's essay appears on that same site this month.

It is both enlightening and refreshing to hear about the U.S. role in the world from a thoughtful critic outside the U.S., like India's Professor M.D. Nalapat. He points to the past tendency of the U.S. to rely on ''military and economic muscle to seek 'compromises' that are in fact surrenders by the other side.'' I believe those views are widespread in the world, though quite different from the way most Americans perceive their role in the world. It is difficult for Americans to hear the voices and opinions of others, because we are so used to thinking of ourselves as the world's best, and the most admirable. Kishore Mahbubani, the author of The New Asian Hemisphere, thinks Americans are blind to their own shortcomings, and basically unable ''to listen to other voices on the planet.'' In an increasingly globalized and interconnected world, this is one big factor in America's declining global power, influence, and effectiveness.

Mr. Nalapat views the great strength of the U.S. resting in its ''syncretic values'' and its openness to innovation and immigration. Indeed, I would agree that immigration, and the power of assimilation and adaptation, have been an important element of this country's history and development. Immigrants have provided both an energetic workforce and a vital source of creativity, innovation, and invention. The election of Barack Obama, an African-American with a multi-ethnic heritage, seems a confirmation of this admirable national trait.

However, this American advantage may also be eroding, and even becoming problematic. In the U.S. now, there is growing anti-immigrant sentiment, and one would expect this to increase as the economic downturn continues to bite. While the United States has (almost) always welcomed others to our shores, we have not usually treated them very well once they get here. Hispanics and other minorities, for example, experience much higher levels of poverty and unemployment than Whites, and are much more likely to be stuck with poor schools and inadequate health care.

The U.S. is still a global leader in science, technology and innovation, but even in these areas, the country is losing some of its edge. Over the last two decades, the U.S. has steadily lost its overwhelming global dominance in the production of both patents and scientific journal articles. The decline of American schools has taken a toll on science education, too, with American students often coming in dead last on international tests and competitions in science and math. China produces four times as many engineers as the United States. As other countries like China and India gear up technologically, it seems likely that talented and creative people are more likely to stay at home, or return home after taking some education in the United States.

Of course the U.S. remains a major global player in science, technology and innovation. But its ''American Century'' dominance in this area, as in so many others, is on the wane in the face of both domestic decline and the ''rise of the rest.'' Similar to Joseph Nye's emphasis on culture, Madhav Nalapat stresses the ''arts and sciences'' as a powerful tool for the U.S., especially in its interaction with China. And this is where I most differ with Dr. Nalapat. While culture and scientific exchanges are important, they can not substitute for the much more overwhelming influence of trade and economics. This is where China (and the EU, and India) are really gaining, and where the U.S. is particularly vulnerable. It is the growing economic might and confidence of these powers, and others that will most challenge the dominance of the United States.

Joseph Nye on American Power in the 21st Century

Harvard Professor Joseph Nye's work, especially his book Soft Power has much influenced my own thinking, and figures prominently in The End of the American Century. His ideas have directly or indirectly influenced the Obama administration, as reflected in Secretary Clinton's use of the term ''smart power.'' Both the rhetoric and actions of the Obama administration add substance to the concept.

Professor Nye's essay, "American Power in the 21st Century," is featured on the website of the China-U.S. Friendship Exchange, as a "comment" on my own "dialogue" there about The End of the American Century. This response to Nye's essay appears on that same site this month.

Professor Nye has long argued that power is multidimensional, that military power is increasingly irrelevant or dysfunctional, and that achieving foreign policy goals now rests on persuasion and cooperation as much as anything. I agree with him on all of this, and his marvelous formulation in this essay that ''on many transnational issues, empowering others can help to accomplish one's own goals.''

But I disagree with him that ''American power in the twenty-first century is not one of decline'' and the difference lies mostly in how we view America's domestic record. In Soft Power, Nye identifies many elements of American soft power, including its economy, culture, values, and global image. But as I show in my book, the U.S. has lost ground in virtually every domain of such soft power, while also losing strength and credibility with its military power and its global reputation. Meanwhile, other regions or powers, like China, the EU, India and others have gained global soft power influence, often at the expense of the U.S.

The U.S. economy and standard of living, since World War II a source of envy and admiration worldwide, is no longer much of a model or aspiration for others. Its astounding growth over the last two decades, it turns out, was a hollow shell, built on ballooning levels of household and government debt. The current economic downturn-still not finished by a long shot-is bringing the United States back to a more ''natural'' economic position, much lower than before. Even before the current crash, by many measures more meaningful than GDP/capita-like quality of life indices-the U.S. was nowhere near the top of the global list.

While growing the economy, based mostly on increased consumption, the U.S. neglected health care, education, investments, R&D, and infrastructure, and allowed increased levels of poverty and inequality. On all of those measures, the U.S. fares poorly in comparison to other developed countries.

Global opinion surveys conducted by Pew, BBC and others show little enthusiasm in other countries for ''American-style democracy,'' for American ways of doing business, or for the spread of U.S. ideas and customs. Though global opinion about the U.S. has improved somewhat with the election of President Obama, far more people worldwide continue to see U.S. influence on the world as ''mostly negative'' rather than ''mostly positive.'' On this scale, among 15 countries, the U.S. ranks 10th, below Germany, Britain, Japan and China, according to a recent BBC poll.

While American culture remains popular in many places (though not, by all means, all), it is difficult to see how global infatuation with ''Desperate Housewives'' can help solve problems like terrorism or global warming. As Professor Nye notes in his first paragraph, even some of our closest allies now believe the era of U.S. global leadership is over. Even more emphatic assertions of that belief have come from leaders in China, Brazil, Peru, Iran and elsewhere.

American decline is not necessarily a bad thing, though, given the increasing interconnectedness of countries and global issues. It will be easier for the United States to interact cooperatively with other countries-and for them to deal with Washington-if the U.S. is not so dominant and domineering. President Obama has adopted a much more conciliatory and modest approach to other countries-viz. his speeches in Ankara and Cairo-and this befits a country that has less reason to crow about its superiority and exceptionalism. As Professor Nye points out, most of the big issues facing the U.S., and the rest of the world, are not susceptible to the application of power by a single country. More things are ''outside the control of even the most powerful state.''

The United States is certainly in decline, both in absolute terms, and relative to other countries. But it will remain an important and influential power, especially if it continues to adopt a less arrogant, more cooperative approach to the rest of the world.