Diatribes of Jay

This is a blog of essays on public policy. It shuns ideology and applies facts, logic and math to economic, social and political problems. It has a subject-matter index, a list of recent posts, and permalinks at the ends of posts. Comments are moderated and may take time to appear. Note: Profile updated 4/7/12

25 June 2017

How the Clintons Destroyed the Democratic Party

[For a brief note on a recent outbreak of political courage among Dems, click here. For comment on our weak Yankee defense against information warfare, click here. For some popular recent posts, click on the links below:
Don’t get me wrong. I voted for Bill or Hillary every time one of them won the Democratic nomination for the presidency. I even voted for Hillary last November, after losing with Bernie in the primaries.

But except for my vote for Bill the first time, in 1992, those votes were for the lesser of two evils. They were not votes of conviction, far less of joy.

Voting that way is a scared duty, itself a necessary evil. But it’s not the way to build a political party, let alone to put an errant nation back on the right track.

You have to believe in something. You have to have clear purposes, goals and aims. You have to have basic principles that distinguish your party and your tenure in office from the other party’s. You have to think you understand what makes a society strong and great and strive to create it. And you have to stick to your plan and your values, through thick and thin.

Neither Bill nor Hillary did that. Both won office—and became famous—for tacking and “triangulating.” Like sailboats in a shifting breeze, they tacked in the political winds.

Bill earned the votes and praises of so-called “conservatives” by “reforming” welfare. He made welfare harder to get and, in so doing, maybe made it more sustainable. That wasn’t all bad.

But welfare is not America’s secret. Work is. At one time, we Yanks had better, better paid, more innovative and more equal work than any society in human history.

That’s what made us strong and great, not our welfare or our safety net. Virtually every advanced society, especially those in Europe, easily beats our welfare and safety net. Try a guaranteed six months of paid paternity and maternity leave for a new child, in most of Scandinavia.

Bill never seemed to understand how what made us great was beginning to slip away. He paid little attention to our own economic bosses depriving ordinary Americans of decent, remunerative work. He ignored Ross Perot’s correct prediction that NAFTA would cause a “sucking sound” of jobs leaving for south of the Border. He never understood how the rapid decline of labor unions was putting all the leverage on the owners’ side, turning our labor force into serfs. He never conceived how Fox—the most effective propaganda organ in all of human history—was busy deluding working people and making them tools of their own bosses, voting repeatedly against their own economic interests. He just went along to get along.

Bill did understand how to win elections. He was good at that.

After a generation, two images of Bill remain his most memorable legacy. Both constitute political portraits of a sort.

The first is a group photo of Bill, as president, with former Senator Phil Gramm and others. [See also this video, setting the timer at 43:58.] Bill and the rest are smiling and laughing to celebrate the passage, and Bill’s signature, of the so-called “Financial Services Modernization Act 1999.” Among other deregulatory things, this new law repealed Glass-Steagall and allowed commercial banks to merge with or acquire investment banks and insurance companies.

To ken the photo’s and video’s significance, you have to know who Phil Gramm is. He’s an extreme ideologue with a Ph.D., a lifelong mindless cheerleader for deregulatory, bigger-is-better, no-holds-barred economics. He’s Alan Greenspan without the brains, regulatory experience or respect.

For a Democrat to be seen in Phil Gramm’s company is like Pope Francis dining with Satan. For a Democrat to push and sign Gramm’s bill was pure apostasy. Yet there Bill is, smiling and laughing with all the bosses’ lackeys as he signs the fateful bill into law.

It’s hard not to believe that Bill was much smarter than that. He’s a former Rhodes Scholar, one of our presidents with the highest level of analytical intelligence. Surely he had to know that allowing individual bosses to accumulate greater and great economic power—to build huge financial castles of sand—has never been good for either economic stability or for working people, who must pick up the pieces when the sand castles collapse.

But Bill’s forte was not building an economy for the ages. It was winning elections. And Bill was good at that. He was also a good exemplar of what we Yanks still have yet to learn: character is at least as important as intelligence in leaders. Indeed, it may be more important.

The second memorable legacy of Bill is a video that says a lot about his character. In it, he stares straight into the camera and declares, with the tone of a parent scolding a young child, “I did not have sexual relations with that woman!”

The woman in question, of course, is Monica Lewinski. As we now know, Bill got fellatio from her, maybe inside the White House.

So the veracity of his denial depended on whether fellatio constitutes “sexual relations.” That existential question led to Bill exploring “what the meaning of ‘is’ is.” With that weasel-like phrase, Bill not only demeaned the office of the President; he also made what may have been the sickest anti-lawyer joke ever.

See how character can matter?

Unfortunately, Hillary’s is not much better. She voted for war in Iraq without ever reading our intelligence services’ National Intelligence Estimate, dissents in which laid out many good reasons for not going to war. Then she supported Dubya’s folly (our greatest blunder in foreign and military policy after Vietnam) far longer than Bill and prescient critics in Congress.

Why did Hillary push war? In retrospect, the only answer that makes sense is to advance her own political career. She saw how Dubya had “Swift-boated” John Kerry, and she knew that, as a woman, she could be tarred as “weak” far more easily than Kerry, who had fought and been wounded in the War in Vietnam before coming home and protesting its senselessness. So as the de-facto leader of the Democratic Party, Hillary supported a useless, counterproductive war that has done much to destroy Syria and create the Islamic State.

Then there’s “e-mailgate.” As I have analyzed in detail before, it’s not so much a matter of national security or the law of classified material. It’s more a matter of common sense and character.

Every adult who works for someone other than himself or herself has two e-mail accounts, one for work and one for home. By combining the two just for her personal convenience, Hillary declared, in effect, that she is better than the rest of us and doesn’t have to play by the same rules. If not a defect in character, the whole scandal arose out of the tinniest ear in national politics—a breathtaking lack of common sense and perspective. Then Hillary compounded the error by refusing to show leadership and fire the aides she blamed as responsible.

The GOP and Trump made mountains of hay out of all of this. They won the presidency, because the issue was simple enough for anyone to understand. Nuances of national security and classified information had little to do with it.

Policy is harder. You can argue—as many (including Bill himself) have—that repealing Glass-Steagall was not the immediate, or even the primary, cause of the Crash of 2008.

But that’s not really the point, especially for Democrats. The extensive history of financial panics in the United States shows that ever-bigger is almost never better where financial institutions are concerned. The higher financial gurus build their castles in the sand, the harder their castles will hit the ground and ordinary workers when they fall. And there’s absolutely no denying that the 1999 bill, in allowing commercial banks to combine with investment banks and insurance companies, made the sand castles higher and tippier. That size—and the arrogance of power that comes with it—were prime motivators for making, packaging and selling the liars’ loans that were the immediate cause of the Crash of 2008. Becoming “too big to fail” is hardly a good motivator for soundness and prudence.

All this is just common sense. It’s even more common sense that Democrats—who are supposed to side with workers, not bosses who accumulate great wealth and power for their own sake—ought to oppose bigger and higher sand castles, if only on the general principle that more and more power in fewer and fewer hands is bad for democracy.

Remember FDR? Out of history’s most awful Depression and history’s most terrible war, he set the stage for the greatest and most widely shared prosperity that any human society has ever seen. How did he do it? By refusing to coddle the sand-castle builders, bosses and financiers, and by restraining them with strong, common-sense rules. As long as two parties exist in America, every progressive Yank should remember what FDR said about the bosses when they united against him: “I welcome their hatred.” [Set timer at 1:29]

Which brings me to Bernie Sanders and Elizabeth Warren. Bernie is the de facto leader of the Democratic party. His leadership is entirely appropriate after Hillary’s rudderless triangulation and coddling of Wall Street produced her abject but unexpected loss. Elizabeth is his best and most likely successor, waiting in the wings, and (as her literary output suggests) considering a run for the presidency in 2020.

The two leaders, Bernie and Elizabeth, are not just all the Dems have now. They are the appropriate leaders after Bill and Hillary, with their triangulation and dearth of principle and character, drove the party into the ground.

Bernie did make a couple of mistakes. Perhaps inevitably, he let himself be tarred as a “socialist.” On occasion, he came close to bashing corporations and capitalism.

Those are no-nos for every American pol, Democrat or not. Corporations bring us our air travel, appliances, cars, cell phones, computers, Internet service, modern homes, “miracle” medicine, national defense, social media, and television, among many other things. Even the least-educated Yanks knows their power for good and their more-than-usual beneficence.

So bashing corporations is just not smart, in both substance and in politics. The trick is to do what FDR did: to restrain them, tax them fairly, and keep them working for the common good and for all of us, not just their bosses. That takes finesse, subtlety and perseverance, not bashing.

But Bernie knows who constitutes the Dems’ constituency: working people and educated progressives. Despite his occasional missteps, he never lost sight of that fact.

Elizabeth is even smarter. She never falls into the trap of bashing corporations or capitalism, which is our way of life. She just bashes those who abuse capitalism by fleeing its risks and rules, by seeking bailouts, special treatment, and corporate welfare, by taking advantage of the less fortunate, by evading fair taxation, and by building empires immune from the most basic principle of capitalism—free competition. She only goes after those who stack the deck and game the system, or who cut the safety nets, that make capitalism work.

Trump sits in the White House because, however dimly, he intuitively understood this point. He promised to preserve Medicare and Social Security—two features of our social safety net most sacred to our disappearing middle class. He promised to fight for good jobs for ordinary workers, to bring manufacturing back to our shores. He promised to preserve towns that depend on a single factory and that dry up when it closes. (He has so far failed to deliver on all these promises, which makes him and the GOP more vulnerable to workers’ defection than ever before.)

Hillary had her fifteen-point plans, which few working people read or understood. Yet she also had her overpaid speeches to Wall Street, which she defended vigorously, with her tin political ear. She and Bill reportedly accumulated a family fortune of some $250 million from careers entirely in politics. Is it any wonder that working people didn’t trust her?

A recent academic study shows exactly why Trump is president. About 9% of Republicans (or 4% of the electorate) switched parties between 2012 and 2016. They voted for Obama in 2012 and for Trump in 2016.

They did so for two reasons. First and sadly, they were fed up with what they viewed as the coddling of minorities, including African-Americans, Hispanics (including undocumented immigrants) and Muslims. Second, they were economic refugees from the Democratic Party, which had saved our national economy and our auto industry under Obama but, under Hillary, seemed to promise less decisive action.

In retrospect, this study suggests that, had Bernie won the Democratic nomination, he might be in the White House today. It also screams loudly that yet another Bill- or Hillary- type triangulator will only produce another catastrophic loss.

Bill and Hillary destroyed the Dems by giving ground continually on basic Democratic principles. Is so doing they emboldened the bosses and allowed the GOP to move the goal posts ever rightward toward institutionalized bossism, what Bernie calls “stacking the deck.” Their “leadership” gave the coup de grace to FDR’s coalition and the principles of regulated capitalism, under which our markets worked like a fine Swiss watch, with little excess or overreach.

So now it’s time for the Dems to regroup. It’s time for them to rediscover their principles.

That doesn’t mean making Bernie’s “political revolution” or anything similarly scary. Americans haven’t been revolutionaries since 1776.

It means fine-tuning our capitalist system, as FDR did, by imposing stronger limits on bosses’ excesses to make the system work better and more for the common good. It means giving some power back to working people by preserving their ability to bargain collectively, by maintaining and strengthening their safety net, by making the bosses toe the line for the common good, by reducing the systemic risk undertaken by big banks, by taxing corporations and the rich fairly, and by preserving our public lands so people without country clubs can enjoy the glory that once was pristine America.

If Dems can do that, they will start to win. But first they have to change leadership.

Then they have to acknowledge and accept as allies all the people of color who have the same goals and principles, and who want to walk and drive our streets without fear of being shot. But most of all, they have to pick and stick by leaders of principle and character, as they did with Barack Obama—the man who still personifies the Democratic Party’s future in every way.

Obama didn’t win the presidency twice by uncontested popular majorities—despite being half-“black” in a still-racist nation—by waffling on principle and tacking with the political winds. He won by being who he was and is: a man of principle and character who understood exquisitely who the Dems are and must remain. When the Dems have leaders like him again, and when they endorse them wholeheartedly, they will start winning again. Not before.

Endnote: Lest readers question my conclusion that refusing to let bankers build limitless castles in the sand is just common sense, I hasten to add the tale of Byron Dorgan, former Senator from North Dakota. Before our Senate passed the 1999 deregulatory act, he took to the Senate floor and inveighed against it, but to no avail. [Set the timer at 38:30 to see his prediction that a collapse might come in ten years (it came in nine!) and at 43:58 to see his later look back at his failed attempt to prevent the collapse.] Our Democratic President Clinton, not an obscure senator from North Dakota, should have been the one to oppose the misguided bill. He should have vetoed it, not join the good ol’ boys in their deregulatory party. That’s surely what FDR would have done.

A Good Idea Catching On?

I’d like to think it might have been the influence of the foregoing post. Probably it was just the wide dawning of an idea long overdue. Maybe it was great minds thinking alike. But yesterday a bevy of Democratic leaders met on the Capitol steps for a “speak-in” to call out the GOP for its rapacious, thieving health-care bill.

Not only that, the Dems multiplied their audience by running the gathering live on Facebook. The impromptu meeting was a confluence of political courage, spontaneous and well-justified outrage, and savvy use of modern media.

The crazy thing, in my view, is how long progressives have been how timid.

Sure, keeping people insured will cost money. But don’t Dems remember how so-called “conservatives” only demagogue the deficit when talk turns to spending money on the ordinary people who make this nation work? Where were the deficit hawks when the needless War in Vietnam, the needless War in Iraq, and Trump’s unnecessary recent military increase busted the budget? Doesn’t anyone recall how Dick Cheney, that paragon of moderation and common sense (sarcasm intended), said “Reagan proved that deficits don’t matter”?

The simple truth is that both parties ignore deficits when supporting programs they care about. The GOP has just been far more successful than the Dems in beating the deficit drum to protest things like health insurance for ordinary people, which they don’t want to pay for.

Among the Dems assembled yesterday on the Capitol steps were Dick Durban (D., Ill.), the progressive Senator from Illinois, Chuck Schumer (D., NY), the Senate Minority Leader, and Jeff Merkley (D. Or.), the iconic progressive from Oregon. But the leaders and instigators of the group were Cory Booker (D., N.J.) and John Lewis (D., Ga.), who started the gathering by walking over from the House, where Lewis works.

These two men have more courage than the average pol. Booker once ran into a burning building to save a woman’s life. Lewis, you may recall, was beaten close to death on the historic March for Civil Rights across the Edmund Pettus Bridge in Selma. It’s no accident that these two men of courage led the impromptu legislative speak-in for another civil right: the right to see a doctor when you are sick or injured.

Working people and educated progressives outnumber the bosses. They always have and always will: there will always be more Indians than chiefs.

The trick is to get the rank and file to understand their own economic interests, and their leaders to grow a spine again. When that happens, the whole nation just might wake up from the zombie-like torpor of political timidity into which the Clintons and paid political consultants have lulled the Dems for over a generation.

You can pay for caution and timidity; you can even pay by the word. But you can’t buy a backbone; you have to have one. Three cheers for Booker and Lewis, who do.


21 June 2017

Lawless Life under “Corporate Governance”

[For comment on our weak Yankee defense against information warfare, click here. For some popular recent posts, click on the links below:
Remember the Korean-American doctor dragged bodily off United Airlines Flight 3411, who suffered a concussion and other serious injuries? Public outrage at his manhandling ultimately caused a change for the better in United’s corporate policy of deliberate overbooking. United decided to “raise the ante” for enticing seated customers off overbooked planes to as much as $10,000, rather than offer a much lower amount ($800) and “volunteer” fliers at random, as it had “volunteered” Dr. Dao.

Dr. Dao’s helpless wife, seated next to him, watching him being dragged off the plane, injured and ejected. Eventually he received an undisclosed settlement to compensate for his mistreatment and injuries. It may have been in the six- or seven-figure range. He might never have to work again.

So all’s well that ends well, right? Wrong.

You probably think you live in a nation bound by the rule of law and constitutional government, where the Bill of Rights applies to everything. If so, think again.

Our Constitution, including our Bill of Rights, simply doesn’t apply to private actors like United Air Lines and other corporations. It only restrains government, both state and federal. And it restrains state government only in a limited way.

Every lawsuit for violating a constitutional norm requires a showing of “state action,” i.e., some involvement by government in the alleged wrong. Ask any constitutional law scholar, or search yourself online for the term “state action and constitution.” You will find many judicial decisions holding that our federal Constitution—and nearly all provisions of our state constitutions—simply don’t apply to corporations and other private actors.

So what happens when a corporation mistreats you as it did Dr. Dao? Do you have the rights to due process, fundamental fairness, and immunity of your person from unwanted touching and assault? In short, do you have all the rights to fundamental liberty that Anglo-American law has evolved to guarantee citizens over the 800 years since Magna Carta?

The simple answer is “no.” None of the rules or norms that our Founders drafted into our federal Constitution, and precious few in our state constitutions (rare parts of which apply to private actors) restrain corporations.

So what rules, if any, govern how a corporation treats you personally as a customer? There are precious few. The most important come from the contract that you sign, in person or on line, when you order a product or service.

Most of us don’t even read these contracts. Online, they can be the equivalent of ten to twenty pages of fine print. And you have no chance whatsoever to negotiate their terms. So why bother to read them? Your only real choice is to reject the product or service or accept it under all the detailed terms the corporation imposes by fiat when you click on “I agree”.

So you knuckle under and accept enter the corporation’s self-designed legal universe. You just check the box saying “I agree”—and sometimes saying “I have read and agree”—and place your order.

Law schools call these so-called agreements “contracts of adhesion.” Why? Because you are the fly and they are the flypaper. You have as much chance to bargain as the fly who lands on flypaper and adheres to it.

If anything goes wrong, you find yourself caught in an intricate web of contractual law created entirely by the corporation’s own lawyers. That web specifies precisely what will happen to you under various circumstances, including your nonpayment, late payment, the breakdown of a product or service, or your causing the corporation any inconvenience. Insofar as your rights to real redress are concerned, the corporation has made the law.

Of course some general laws that apply to everyone (mostly) apply to corporations. They can’t murder or assault you, at least for no reason. They can’t steal from you, except under the strict terms of the contract that you have “agreed” to but haven’t read. And when they screw up, as they so often do, your recourse is strictly limited by the terms and warranty disclaimers they have included in the flypaper.

There are, of course, a number of special laws that restrain corporations’ freedom to harm employees, shareholders and others. The Truth in Lending Act prohibits banks from concealing, obscuring or obfuscating the terms under which they grant credit. The Environmental Protection Act prohibits corporations from unnecessarily polluting our air, water and soil. The Occupational Safety and Health Act prohibits corporations from neglecting workers’ safety and health. The Federal Food and Drug Act protects consumers against adulterated, unsafe and ineffective food, drugs, and medical devices.

But these special laws differ from our Bill of Rights and our old common law (which statutes increasingly supersede) in three ways. First, unlike our Bill of Rights and old common law, these laws are special, limited and specific. Many, such as the Truth in Lending Act, provide no substantive protection at all, but require only accurate disclosure of corporation-imposed terms, leaving consumers to fend for themselves. Others, like environmental and worker-safety laws, are highly specific and riddled with exceptions. Some require cost-benefit analysis and weigh your “rights” and injuries against corporate profit and abstract notions of “economic efficiency.”

Second, few laws besides disclosure laws protect consumers and customers as such. The Environmental Protection Act protects the environment we all share. OSHA protects consumers as workers, not customers. Usury laws that once protected consumers against unconscionable interest rates and terms have been pre-empted (i.e., effectively nullified) by federal banking laws. That simple fact is one of the underlying causes of the Crash of 2008.

Finally—and perhaps most important—modern statutory protection of consumers, to the extent it exists at all, is a far cry from the generality, easy comprehensibility and common sense of our Bill of Rights. You need a lawyer to understand each specific and narrow protection, let alone to enforce it. So the broad sense of personal security that our simple one-page Bill of Rights has given citizens with respect to government since our Founding simply doesn’t exist for consumers as customers.

Not only is their recourse limited in substance. It’s limited in procedure, too. Under most corporate flypaper, you can’t go to court if something goes wrong. Instead, you must go to private arbitration, where your remedies are strictly limited and most likely any relief you receive will be kept secret. A recent notorious decision of our federal Supreme Court made arbitration clauses with automatic class-action waivers enforceable as written, regardless of contrary state law. That decision leaves consumers who agree to flypaper with automatic-arbitration clauses bereft not only of recourse to state and federal courts, but also to the class actions that make suing over small swindles worth while.

So what happens to our federal Constitution, or your own state’s constitution? What happens to the principles of due process, fundamental fairness and personal liberty that have blessed first Englishmen and later us Yanks since Magna Carta?

They have mostly gone out the window, insofar as concerns your dealings with corporations as a customer. Almost every big corporation has replaced them with substantive law and procedures that it itself has invented and put in the flypaper that you land on when you deal with it. Flapping your little fly wings will do you no good.

For about two generations, the GOP has told us Yanks that “government is the problem, not the solution.” It has waged the most successful distraction campaign in the history of politics. It has made us fear and distrust our own government as the wicked witch of the West. And it has made us forget all about corporations and their flypaper, for which we “citizens” are the flies.

Our Founders were well aware of the danger of overreach by government. They had just gambled their “Lives, Fortunes and sacred Honour” by waging a war of rebellion against the British Crown and Parliament to establish a freer, more just government on our continent. If they had lost that war, all of the leaders who survived, including George Washington, would have been hanged.

These daring Founders had no idea that corporations—including the British East India Company that had helped their forbears discover and populate America—would in two and a half centuries morph into a new and unsuspected threat to personal liberty. So they gave us our Constitution and Bill of Rights to protect us against governmental abuse but left us naked against corporation predation.

As a result of that oversight, corporations today are in many respects more powerful than governments, as I have outlined in another essay. Apple, for example, has bigger cash reserves than France, which, as a bitter enemy of England, once aided our Yankee rebellion against British tyranny. Today, governments worldwide are in deep deficit, while our corporations collectively have amassed a $2.6 trillion hoard of pure profit and have parked it abroad, waiting for government to lower taxes so they can bring it home.

Today, the average, law-abiding Joe or Mary has little direct contact with government except at birth, retirement and death, upon marriage, when on trial for a suspected crime, or on joining the military or police. Yet every week, if not every day, each of us “agrees” to the law of “corporate governance,” ever time we “sign” on flypaper by clicking “I agree.”

So study hard the sad story of Dr. Dao. It may have ended well, assuming his concussion and other injuries caused no permanent damage. But the “happy” ending—if such it was—was far from inevitable. United Airlines changed its policy, but only under the duress of a lawsuit, massive public indignation, a plummeting stock price and diving patronage by fliers.

Think about that. Four major airlines—American, Delta, United and Southwest—control over two-thirds of the United States’ market for air travel. In many markets, a single one of them, or a duopoly, controls 100% of the planes flying between two specified cities.

What recourse would Dr. Dao have had if United had stonewalled, rather than settle, in such a market? Not only would he have faced years of litigation, with an uncertain result. He would also be forced to use the very airline that had manhandled him to fly between the same two cities, as would other fliers for years to come. This is liberty?

The protections of our personal liberty that our Founders bequeathed us include not only our federal and state constitutions. Today they include such things as the Federal Administrative Procedure Act, which explicitly outlaws “arbitrary and capricious” acts by federal regulators—those “villains” so oft maligned by the right.

But few of these protections apply to corporations and their flypaper. So slowly and subtly, almost unnoticed, they have taken over many aspects of our personal lives.

Of late our Supreme Court has refused to curtail their growing economic and coercive power. Instead, it has assisted their economic empire-building by relaxing our antitrust laws. It has allowed them to write their own law on flypaper. And it has even approved their substituting arbitration, under rules they write, for careful and methodical legal action in our courts, which took most of a millennium of Anglo-American history to evolve.

Government still matters. It owns the jails and the nuclear weapons. It still executes and imprisons convicted criminals. It controls the army and our over-militarized police. So the protection of our constitutions and general laws are still important.

But in our daily lives, most of what happens to us now—the things that make us happy, annoy us, inconvenience us or torture us (like Dr. Dao)—are the products of corporations. And they, for the most part, are free from the restraints on government that secure the freedom of citizens of advanced democracies. Today corporations mostly make their own rules, writing on flypaper and working in the closed chambers of their boardrooms and secret arbitral tribunals.

And that’s not all. Today the reach of corporations and their “corporate governance” extends far beyond mere business. What corporations do affects our national and personal security.

Preliminary assessments of Vladimir Putin’s meddling in our recent elections suggest that social media, including Facebook’s, may have been his primary means of disseminating “fake news.” Facebook’s once lax and repeatedly repaired privacy settings allowed Putin’s trolls and bots to probe voters’ minds and preferences and to tailor fake news to their individual personalities by the thousands.

Thus decisions made in Facebook’s corporate boardroom ultimately assisted historic subversion of our democratic process at the highest level. And we all know how much social media have aided and abetted the radicalization of our youth by terrorists.

Unfortunately, the future looks even worse. What happens to consumers’ “rights” when four private corporations control the vast majority of air travel? What happens to the “rights” of online searchers and search subjects when a single corporation (Google) controls virtually all online searches? What happens to online buyers when a single corporation (Amazon) controls the vast majority of online purchases, including (by virtue of its recent acquisition of Whole Foods) groceries? Who will guard the guardians when they are more powerful than government and self-evidently self-interested parties to every transaction?

I am no corporation basher. Uncharacteristically for a progressive, I have sung the praises of corporations on this blog repeatedly (See 1 and 2). By freeing economic and business activity from the patronage, intrigue and restraints of government and politics, they have vastly accelerated our species’ economic and technological progress. I love Amazon, have invested in it, patronize it almost weekly, and have lauded Jeff Bezos’ marketing “breakthrough” in allowing buyers to criticize what it sells.

But today corporations have become laws unto themselves. They, not government, directly control almost every aspect of our daily lives. Among other things, they control our air travel, cars, computers, cruises, e-mail, Internet service, rail travel, radios, social media, smart phones, tablets and televisions. And today there are few effective restraints on their interactions with customers, on how they corrupt and control our pols, or on whether and how they expose our public life to such existential threats as fake news, extremism and recruitment for terrorism.

Increasingly, insofar as concerns our daily lives, individual happiness and collective security, we live in a world governed by corporations, not the state, if only because corporations have vastly more power and more money and offer us vastly more important and useful products and services for daily life. At the moment, this corporate world is mostly in a state of anarchy. We are still less than a decade away from rogue bankers having trashed our global economy with virtual impunity.

This problem has no easy or quick solution. Corporations provide almost all of our creature comforts and many economic benefits. But today they do so in a virtually lawless world, constrained only by the false god of “The Markets.” What happens when a single firm—or a handful with the same goals and methods—controls each relevant market? Isn’t what the eight biggest banks did to our economy in 2008 clear enough writing on the wall?

Among the many results of these circumstances are the manhandling of Dr. Dao and the vulnerability of our presidential elections to hijacking by Russian trolls and fake news. Someone, indeed many of us, had better start thinking deeply about how to change this dismal picture, lest our comfortable economy and way of life begin to run off the rails, and our much-vaunted personal liberty vis-à-vis government disappear into secret boardroom deliberations, secret arbitral tribunals, corporate flypaper, and draconian measures to fight terrorism spread unwittingly but for profit by corporate social media.

Footnote 1: A glaring counterexample is California’s constitutional protection of privacy in Article 1, Section 1 of the state’s constitution. Unlike the guarantees of rights in most state constitutions, it was added by popular initiative in the modern era (1972), when visionaries could foresee that corporations might eventually threaten individual rights as much or more than governments. Accordingly, its protection constrains corporations and other private parties as much as government.


20 June 2017

An Open Letter to Registered Voters in Georgia’s Sixth Congressional District

[Note to readers: Today’s message is so important that it preempts my regular posts and usual in-post index to popular recent posts. If you know anyone in Georgia’s Sixth Congressional District, please send them a link to this post. Normal content will resume tomorrow.]

Today’s the day! As a registered voter in Georgia’s Sixth Congressional District, you have extraordinary electoral power. You can put America back on the right track.

All you have to do is go to your regular polling station and vote in a special election being held today, in your district alone. Vote for Jon Ossoff, the Democrat, for Congress. If he wins, he will replace Tom Price, your former congressman, who has become Donald Trump’s Secretary of Health and Human Services.

According to recent polls, Ossoff has a narrow lead in this special election. He’s a progressive Democrat, and he could win in a district that Trump won by over 20 points! He could cause a political earthquake that would wake up people all over this country. ¥ou could help him.

Think of that. A progressive Democrat has a good chance to win in a deep red district in the Deep South. He could take the seat in Congress recently held by the mastermind of a bill to deprive 24 million Americans of health insurance.

To make this political earthquake, you don’t have to die for your country. You don’t even have to fight for it. You don’t have to shed tears, blood or sweat for it. You needn’t even spend your hard-earned money, as so many Americans like me, all over the country, have done in supporting Ossoff.

All you have to do is do is spend less than an hour of your time. The ballot is short because this is a special election. Just go to your regular polling station, show your ID, and vote. Vote for Jon Ossoff, the Democrat, for congressman from Georgia’s Sixth Congressional District.

If Ossoff wins you will have struck a hard blow against Donald Trump as president. You will have pushed for Medicare for All, for a decent minimum wage, for economic equality, for investigating Vladimir Putin’s meddling in our presidential election, and against the over-militarized, violent policing in our cities that has killed so many of our unarmed citizens.

This may be the most important special election in a generation. If people like you who care don’t vote, we will lose our democracy to the bosses. Those who want the rich and powerful to rule by themselves will win. You can stop them by voting for Jon Ossoff today.

If he wins, we the people can begin to take our country back. It’s all up to you today, right now. Go and vote before the polls close at 7 pm today!