Domestic Policy, General, Nationalist Theory, Politics

The Crisis of the American Spirit – The Rise of Identity Politics

We have no room in any healthy American community for a German-American vote or an Irish-American vote, and it is contemptible demagogy to put plans into any party platform with the purpose of catching such a vote. We have no room for any people who do not act and vote simply as Americans, and nothing else. Moreover, we have as little use for people who carry religious prejudices into our politics as for those who carry prejudices of caste or nationality.

Theodore Roosevelt, “True Americanism”, The Forum Magazine, April 1894

This is the fifth article in my series “The Crisis of the American Spirit”. Please click on the “Politics – Nationalist Theory” tab in menu above to read the previous four, filed in reverse chronological order.

When President Bill Clinton declared “The era of big government is over”, he threw the modern-day Democratic Party into one of the greatest ideological crises in it’s history. Thanks to Franklin Roosevelt and Lyndon Johnson, it had abandoned the Jefferson-Jackson philosophy of states rights and small government in favor of Theodore Roosevelt’s call for a strong national government dedicated to effective regulation.  Now, one of its own said it had to find a new ideological anchor. It found it a new form of political division that rejected Theodore Roosevelt’s call to unity above and, instead, echoed its old platform – identity politics.  

The need to reconcile American diversity was recognized early in our nation’s history. The first major identity groups were sectional or state based.  People identified as New Yorkers or Virginians and the Constitution was crafted to recognize the validity of those identities and preserve them while trying to build a cohesive national government at the same time.  The inevitable tension between these two goals led to sectional based political clashes between West and East and eventually North and South.  Back then, the Democratic Party championed state’s rights against those who favored a strong federal government. Their approach dominated American public policy for most of the first 70 years of our history.

Meanwhile, the seeds of our current identity group politics were being sown by our failure to address the stain of black slavery.  Attempts to reconcile the moral contradiction of slavery within the state’s rights framework failed miserably.  Even the Southern slave states eventually rejected this approach and imposed their own version of a national solution for slavery in the form of the Fugitive Slave Act of 1850. The backlash against it led to the founding of the Republicans, which became the new party advocating a strong national government. The victory of the North in the bloody Civil War that followed enshrined the dominance of the national government. People no longer said “The United States are”. They said “ The United States is”.

Despite it’s new power, the national government was unable to prevent the re-subjugation of black Americans, mainly because it remained a federalist system dependent on at least state acquiescence to national policies.  The 1960’s civil rights movement offered a glimmer of hope for real racial socioeconomic integration. However, as I mentioned earlier in this series, the blue collar jobs that enabled the early immigrants to achieve the American Dream moved overseas and the education system was allowed to deteriorate, thus making it difficult to for blacks to compete in the new economy.

Black Americans’ isolation eventually forced them into a form of nationalism, which became their main source of identity. Meanwhile, the 1960s and 1970s saw the rise of the women’s liberation, gay rights and disability rights movements. They also emphasized the importance of group identity and solidarity, each believing they were special victims suffering unique discrimination and oppression despite laws designed to prevent discrimination and integrate them into broader American society. Instead, these groups focused on their different American histories and pinned their primary loyalty to their particular group rather than their country, which they believed was an enemy.

Sadly, instead of challenging this mindset, the Republican Party of Donald Trump doubled down on it by fostering a new identity group.  The MAGA ideology claims to preserve America, but in fact teaches its adherents to think of themselves as victims and members of a white Christian subgroup who are under attack by other groups.  This kind of victimhood is fundamentally unAmerican whether it occurs on the left or right and Theodore Roosevelt would have condemned it as such.

Nevertheless, our current political class stokes these identity group divisions for their own political benefit. They do so by engaging in rhetoric that inflames a group’s grievances and feelings of victimhood without developing a sustainable solution. They then try to assemble winning coalitions by piling up monolithic voting groups like building blocks. This cynical strategy conveniently masks the fact that many of those group’s grievances stem from the same elitist exploitation and that, in the end, each group has more in common than they think.

A bridge leader like TR would have recognized the danger this kind of politics posed to American strength.  He would have reminded Americans of Lincoln’s maxim that “A house divided against itself cannot stand” and urged all groups toward tolerance of their differences.  He would have called all Americans to unify to address inequalities, while reminding blacks, gay and other minorities that their progress to this point came because they were Americans and benefited from our shared beliefs in justice and equality. 

Thankfully, voters have started to wise up to this cynical manipulation.  The overwhelming support Democrats enjoyed among blacks and working-class voters has suffered significant inroads from Republicans while higher income voters are increasingly Democratic. Despite the best efforts of the political class, Americans are starting to think for themselves and explore new, less divisive and more relevant political groupings.

Usually, such breakdowns of historic voting blocs herald a major realignment of American politics toward a more relevant ideological debate. If this new politics is to succeed, it must challenge the forces that have weakened the American community spirit and unify us to face the realistic limits of today’s multipolar world.  It starts with presenting the American people with clear and relevant choices, hopefully through a bridge leader like TR. My next series of articles will set forth why these new choices will be between the ideologies of globalism and American nationalism. 

2024 Election, Politics

Confronting a False Choice

Neither the Republican or Democratic platforms contain the slightest promise of approaching the great problems of today either with understanding or good faith; and yet never was their a greater need in this nation than now of understanding and of action taken in good faith, on the part of the men and the organizations shaping our governmental policy.

Theodore Roosevelt accepting the presidential nomination of the Progressive Party, August 6, 1912

As we approach the 2024 election, the US is in the midst of funding two major wars and trying to effectively deter a third. Ukraine’s defense against the Russian invasion has faltered due a reconstituted and more deadly Russian military as well as the delay in aid. Israel’s war against Hamas is taking a toll on both Palestine’s and Israel’s future.  Meanwhile, China expands its threats in the Western Pacific towards not only Taiwan, but also the Philippines. Here at home, the federal government’s apparent impotence in the face of economic inequality and an influx of 7 million illegal immigrants feeds a disillusion with our constitutional democracy that divides the nation.   

At this perilous time in our history, we enter a presidential election where polls show a majority of voters worry about President Biden’s obvious physical and mental frailties. The only current alternative, Donald Trump, is equally elderly, increasingly mentally unhinged and facing criminal trials in four jurisdictions. If your close your eyes and just listen to the two of them, their campaign messages are identical – the “other guy” is mentally incompetent and an existential threat to democracy. I am no conspiracy theorist (see this), but Biden and Trump increasingly look like mere figureheads for other agendas having little relationship to the real issues facing the nation. The legitimacy of our democracy depends on flushing out those issues, as difficult as they may be, into the open so the American people can decide, not just isolated elites.

Part of Trump’s agenda in this election is obvious.  He is running for his life from the very real possibility of becoming a convicted felon and thus losing not only money, but also his freedom in prison. His first act as President would be to order the dismissal of the federal charges against him.  After this, his motives become murkier.  It may simply be the further enrichment of himself and his family while catering to his supporter’s lowest impulses. Trump has once again taken hard lines against immigration and the border invasion that cannot be achieved without congressional approval. His failure to achieve meaningful long-term reform during his previous stint in office belies the likelihood of any substantive change.  Instead, he talks of being a “dictator for a day”, a goal which shows his utter disregard for the democracy he claims to be defending and inability to unite the nation behind any goal see this.

Meanwhile, Biden appears primarily engaged in trying to hold a fractious Democratic Party together to “save democracy” from a Trump victory at any price. This means that he has to unite moderate and traditionally liberal Democrats with the increasingly powerful democratic socialist or “progressive” base of the party. He tries to paper over the differences by buying their support with billions of federal dollars in flagrant disregard of the effect on America’s long term financial stability.  His foreign policy uses the same strategy, where billions to Ukraine, Israel and climate change projects vainly try to preserve American unipolar hegemony. Meanwhile, he further divides the nation by offering tacit and occasionally vocal support for identity-group grievances against everyone else. But are these the ends or simply a means to insulate an isolated international elite from the consequences of their greed?

This website began as a call to national unity in the face of the rise of nationalism elsewhere in the world and the challenges it creates here at home. James Strock, a member of the Board of Advisors of the Theodore Roosevelt Association, recently pointed out that half of the world will be voting in elections this year and, whether it is the US, Russia, or India, it is really nationalism, not democracy, that is on the ballot. He correctly argues that only a genuine American nationalism that addresses our own divisions while respecting the differences of other nations can renew our democracy and enable us to succeed in an increasingly multipolar world (See this post on his “ The Next Nationalism” Substack). Building such a modern American nationalism will require a clear understanding of the choices we must make as a people in the reality of the current world. As we approach the upcoming elections. I will be highlighting the choices we Americans must face. 

2024 Election, General, Politics

Congress Must Act to Avoid an Ugly Finale to the November Election

The Colorado and Maine decisions to strike former President Trump’s name from the ballot on Fourteenth Amendment grounds have injected a dangerously destabilizing issue in an election already riven with suspicion and rancor.  Trump has now filed an appeal of the Colorado decision with the US Supreme Court, but similar challenges are still pending in 17 other states. The American people deserve a quick and thorough resolution of the issue by not only the Court, but also by the Congress as well

The good news is that the Court has scheduled oral argument on the case for February 8, an extraordinarily expedited process that shows it is well aware of the importance of resolving the case as soon as possible. As a result, it will probably issue a decision by May.

The bad news is that any such decision will only resolve the main legal issues in the case and not the ultimate factual issue of whether Trump “engaged in insurrection” or gave aid and comfort to one on January 6, 2021 and thus should be barred from the presidential ballot. Former Attorney General Bill Barr accurately pointed out the deficiencies in the original trial at the district court, which lasted only five days and was largely based on hearsay evidenceAny real trial that could develop a sufficient record for a final decision would take months. The record in the Colorado case clearly fails that test.

However, there are crucial legal issues that the Colorado case raises on which the Court can rule and help speed the resolution of this litigation: 

  • Is the office of President subject to the prohibition of section 3 of the Fourteenth Amendment?
  • Did the Colorado courts have jurisdiction to hear and adjudicate the issue or is the prohibition essentially only enforceable by Congress after the election?
  • Is a conviction for insurrection required before application of the ban?

While not directly raised by the appeal, the Court should take the opportunity to state what the standard of proof should be for a suit under Section 3. Is it the preponderance of the evidence standard usually used in civil cases or the higher “clear and convincing” standard required in fraud and similar cases?   

I believe the Court will likely hold that (1) the president is subject to Section 3; (2) the courts have jurisdiction; but (3) reverse and remand the case to the Colorado courts for a full trial on the merits, hopefully with an instruction on which standard of proof to use. Thus, far from being resolved, this legal controversy will continue to fester through and possibly after the 2024 election.

Here’s where it becomes ugly. While the Supreme Court can eliminate these initial issues, this means the various challenges at the state level will continue through the election.  A final decision may not even be reached before the November election. Thus, in November American voters would have to choose between Joe Biden with all of his physical infirmities and unpopularity, and a candidate who may be disqualified from assuming office at any time during the election. If Trump nevertheless wins, he may then be refused office despite the results.  We would see an unprecedented constitutional crisis that deprives the new president of any legitimacy and cripples the nation during one of the most perilous series of domestic and international crises in American history.

This issue must be settled promptly and before the November election. Moreover, it is too important to be decided in piecemeal fashion at the state court level. Congress has the power to avoid this chaos by providing that Section 3 claims be brought exclusively before a three-judge federal court with any appeal going directly to the Supreme Court. This process already exists for certain civil rights cases under 28 USC Section 2284.  The applicability of Section 3 to a presidential candidate certainly involves a fundamental constitutional right. However, it would still require an amendment to the current statute to implement it.  Congress should immediately pass legislation to apply Section 2284 to Fourteenth Amendment Section 3 claims to save the country from the pain a prolonged, fractious litigation of this issue would inflict on our already fragile political system.