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A Government of Men, Not Laws
United Steelworkers President Leo Gerard likes to say that Washington policymakers "treat the people who take a shower after work much differently than they treat the people who shower before they go to work." In the 21st century Gilded Age, the blue-collar shower-after-work crowd is given the tough, while the white-collar shower-before-work gang gets the love, and never before this week was that doctrine made so clear.
Following news that government-owned American International Group (AIG) devoted $165 million of its $170 billion taxpayer bailout to employee bonuses, the White House insisted nothing could be done to halt the robbery. On ABC's Sunday chat show, Obama adviser Larry Summers couched his passive-aggressive defense of AIG's thieves in the saccharine argot of jurisprudence. "We are a country of law - there are contracts (and) the government cannot just abrogate contracts," he said.
The rhetoric echoed John Adams' two-century-old fairy tale about an impartial "government of laws, and not of men." Only now, the reassuring platitudes can't hide the uncomfortable truth.
Last month, the same government that says it "cannot just abrogate" executives' bonus contracts used its leverage to cancel unions' wage contracts. As the Wall Street Journal reported, federal loans to GM and Chrysler were made contingent on those manufacturers shredding their existing labor pacts and "extract(ing) financial concessions from workers." In other words, our government asks us to believe that it possesses total authority to adjust contracts at car companies it lends to, and yet has zero power to modify contracts at financial firms it owns. This, even though the latter set of covenants might be easily abolished.
According to New York Attorney General Andrew Cuomo, these allegedly inviolate AIG agreements promised bonus money the company didn't have and were crafted by executives who knew the firm was collapsing, meaning there is a decent chance these pacts could be invalidated under "fraudulent conveyance" statutes. They also might be canceled via force majeure clauses allowing one party to rescind a pact in the event of extraordinary circumstances - like, perhaps, the collapse of the world economy. (Note: BusinessWeek reports that corporations are already citing the recession as reason to invoke such clauses and nix their business-to-business contracts.)
But, then, those legal cases require a government that treats AIG's shower-before-work employees with the same firmness that it treats the auto industry's shower-after-work employees, not the government we have - the one that believes "the supreme sanctity of employment contracts applies only to some types of employees but not others," as Salon.com's Glenn Greenwald says.
Mind you, this double standard works the other way, too. Congressional Republicans have long supported the laws letting bankruptcy courts annul mortgage contracts for vacation homes. Those statutes help the shower-before-work clique at least retain their beachside villas, no matter how many of their speculative Ponzi schemes go bad. But for those who shower after work, it's Adams-esque bromides against "absolving borrowers of their personal responsibility," as the GOP announced it will oppose legislation permitting bankruptcy judges to revise mortgage contracts for primary residences.
Certainly, for all the connotations of fairness inherent in American politics' "country of law" catchphrases, most of us know that the selective application of legal principles is as old as the Republic. However, lots of us are only now discovering that inequality is so pronounced that the time of day we bathe determines the enforcement and reliability (or lack thereof) of even the most basic contracts. We are just realizing that for all the parroting of America's second president, we are ruled by a government of men, and not of laws.
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Show All"We are just realizing that for all the parroting of America's second president, we are ruled by a government of men, and not of laws."
David Sirota is a bestselling author whose newest book is "The Uprising."
Interestingly, I have just started reading the book, "Horizontalism" about the popular uprising in Argentina in 1991 after the IMF put the screws to the country and the government essentially seized all personal assets of the people.
The book doesn't mince words, and neither did the people of Argentina. What occurred out in the streets and in the parks and in all open spaces, was a rebellion.
Of course, the main difference was that Argentines had a social structure that fostered trust in each other which allowed them to go out into the streets and bang pots until they brought down the government (actually, several). Do we have that in the USA? I don't see it. Hell, I don't even think we like ourselves enough to fight back.
I wonder: If we bring down the men who are posing as laws, will be finally be left with the laws? I also wonder: Do we have the courage to try?
Because our corporate media has loyally supported the "men over law" model, our nation has slowly turned from Adams' vision towards one more like Hitler's.
But just as the printing press aided Adams, the Internet has ignited a renaissance for "principles over presidents."
Hail the Oath Keepers:
http://www.youtube.com/watch?v=rzadNTI2bec
Adams is one of the reasons we have a country like we do now. The second US constitution made it possible for the rich to rule everyone else, which is why they did what they did in 1787--they were very much afraid of what democracy would do to their status and ability to rig the wealth amassing game. We must have a new constitution that remedies the democracy deficit. Rich conservatives like Adams overthrew the government once; it's high time us hoi polloi return the favor.
Banging pots in the streets? My experience of house-hunting in the US in the last 20 years has been that the only pots most middle-class Americans are familiar with are those pristine, shiny copper ones hanging from restaurant-style square brackets over the solid oak "island" in the middle of the "decorator kitchen."
Rainborowe
"Of course, the main difference was that Argentines had a social structure that fostered trust in each other which allowed them to go out into the streets and bang pots until they brought down the government (actually, several). Do we have that in the USA? I don't see it. Hell, I don't even think we like ourselves enough to fight back."
The corporatists softened up the USA with divisive culture wars for the past few decades, and US non-elite liberals and conservatives played right along with it. The corporatists are confident that there is little chance that Americans can come together to oppose their predations, and though I hate agreeing with the bastards, I'll be damned if they aren't right.
Not very encouraging responses so far.
So, does this mean we've already given up and gotten used to the leash around our necks? And if we have, why do we even bother getting out of bed in the morning?
Well, I still get up in the morning, and I still organize (to the best of my poor ability), and I still look to myself and to my compatriots for the answers.
I guess I'm naive and stupid in the eyes of many here, but if I go down, it won't be quietly. F_ck it, I'll be banging my pot!
The only possible path to success I can imagine would involve uniting with the right-wingers, as many as possible, including the militia nutbags and the Religious Right fanatics as well as the libertarians, in a movement of the common people against the elites, the Washington-Wall Street Axis of Evil. One goal of the upheaval would be to destroy corporate power and control over the government and another goal would be to create a much more loose federation of states, allowing each state to go its own way on social/cultural issues and on economic issues. A purely progressive approach appears to have zero chance with elections and progressives are not exactly your typical revolutionaries.
kivals, I agree. We need to get the nutbags out of the militias! The second amendment was clear about the need for maintaining good militias. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Unless you think banging pots & pans can defend you against tyranny...
http://www.jpfo.org/
As for social conservatives, organizing with the religious right at the federal level is easy enough. If you want your kids to learn creationism in school, then move to Kansas. Otherwise, stay in California.
As for libertarians, the concession of calling that set of beliefs classical liberalism, especially by contemporary liberalism, is a fine rhetorical bridge and could precipitate many handshakes.
There's a few other sticking points like saying the united States "are" instead of "is" a republic and not a democracy, but there is much in common with anyone who seeks to elevate the idea that every individual is unique and in possession of certain inalienable rights.
Sioux Rose
KIVALS: While the concept is intelligent the logistics of getting it into operation are another matter. Here's why:
1. Most of the persons you describe on the right have been programmed to believe that many of America's problems are the fault of LIBERALS.
2. Many in this group are taught by their church fathers to respect authority, and they are very suspicious of persons outside their flock.
3. Many in this group get their "news" from Rush or Fox or hate radio imbeciles, and are so habituated to its distorted reasoning that even if they were plainly told the truth, shown graphs and props to back it up, I do not think many would be able to cognitively rewire enough to absorb that truth.
4. How would the voice that would seek to create this critical mass of support across the spectrum reach the persons you identify? Consider points 1-3 before responding!
** If a celebrity that the right wing admired got the pulpit, and spoke honestly about these issues, about the way elites have manipulated the financial system, etc. that COULD maybe open a crack to let the light of truth in.
What America are you living in? We gave up and not only accepted the leash long ago, we now regularly ask for it to be tightened. Since the pre-illegal invasion protests in 03, which proved completely useless, have you seen any mass protests, or acts of civil disobedience, or even less dangerous forms of rebellion, like millions refusing to pay their taxes or boycotting the bad guys?
Nope. Americans have surrendered completely, and that's why "they" keep robbing and stealing from us in ever greater amounts and with ever greater brazenness - because "they" know "we" ain't gonna do a thing but blog-bitch in between "Idol" and the latest Octo-mom update...
"What America are you living in? We gave up and not only accepted the leash long ago, we now regularly ask for it to be tightened."
Of course, when you say "we", you really mean "I". Just so we're absoultely clear going forward (or backward, as the case may be).
When the poor are hurting (and when have they not been) the rich look the other way and talk about "individual responsibility".
When the rich stand to profit "a rising tide lifts all boats".
Both are deliberate lies. There never was and never will be a self made person. As far as boats go, a better metaphor might be a poor, overworked beast of burden being crushed under the fat capitalist.
When the media goes 24/7 on any subject you can bet it's a diversion from the real story.
Eliot Spitzer throws a bullseye:
http://www.slate.com/id/2213942/
Thanks for the link.
One of the most absurd features of American society is our willingness to marginalize such great takents as Spitzer for idiotic reasons which have nothing to do with their roles.
When the average American can shrug at peccadilloes such as the one that prompted him to resign and say "That's between him and his wife" then we will have grown up a lot.
I'm not endorsing prostitution (as though it needs anyone's endorsement) or the mistreatment of women but men (and many notable women) have screwed around for millenia. The only real sin is lying about it.
Spitzer has clearly and concisely identified the real crime in this baliout situation. Others have already pointed out theat the bonus issue is really a bogus issue with more symbolic than practical impact.
q
quickstepper writes "...men (and many notable women) have screwed around for millenia. The only real sin is lying about it."
While I agree wholeheartedly with the rest of your post, I would assert that the original sin was in assuming one had any right to ask the question.
While I have no way to prove it, I'd suggest that Al Gore would have won a recount-proof majority of the popular vote in 2000 if only Slick Willie had said "It's none of your damned business" instead of "I did not have sex with that woman."
Sirota sez: "...our government asks us to believe that it possesses total authority to adjust contracts at car companies it lends to, and yet has zero power to modify contracts at financial firms it owns."
***
David skates right up to the brink of the truth here before stopping short.
The "government" that wrote the bill assuring corporate executives of their 'retention' (read: graft) bonuses is the same 'government' that wrote the Medicare drug prescription bill, the bankruptcy bill, the FISA bill, all the no-bid, cost-plus 'security' contracts in its occupation zones, etc., ad infinitum. To say the government 'owns' AIG has it rather backward.
There's a name for this form of government ...
In the last several years I would say banging pots out in the streets of America is the act of someone wanting to be injured, jailed, tazered, rubber bullet(ed), clubed, maced, cuffed (banded), dog bit, and soon - microwaved, and even sonically blasted into submission. Then you might have your property and liberty taken away from you as you try to distinguish yourself from a terrorist. All that stuff and more has been laid on the table of americans. So bang pots, I dare anyone to try.
Shower before or after work???
If you have lost your job and your home, you are getting the total golden shower from the politicians. AKA Trickle down economics.
"The only means of strengthening one's intellect is to make up one's mind about nothing, to let the mind be a thoroughfare for all thoughts." - John Keats
Oh come on now. There are both men and women in government selling us out.
As I have watched these bailouts unfold my anger grows and grows.
I used to be a pacifist but this has become a real war against the people.
Change we can believe in?
-30-
We are getting closer and closer to the need to water the tree of liberty as Jefferson said we would.
I generally sign off my comments with the words "here today, here tomorrow", well >
http://www.usatoday.com/news/washington/2004-06-10-taylor-vignette_x.htm
"here today, here tomorrow"