history


25 years ago: September 11, 2001   Recently updated !

25 years ago, I drove to work in Woburn, Mass. When I got to the building, a crowd was gathered around a TV. All I could immediately gather was that Bush was saying something of great concern, and people were too distracted to explain it to me. After going up to the office I learned what had happened.

I had a window that looked east, and normally I regularly saw planes taking off from Logan Airport. The absence of flights for the next few days made the most direct impact on me. MASSFILC published a songbook, which I edited, in memory of the thousands of deaths.

Another kind of harm took longer to emerge, and it’s played out to the present. Congress passed the “temporary” Patriot Act, which is still in effect today. The TSA made life miserable for air passengers without being effective at catching threats. Congress created the Department of Homeland Security and ICE. A bus was stopped in mid-trip in New Hampshire, and passengers were given the choice of allowing a warrantless search of their luggage or being abandoned far from any bus station. The US government used lies to justify an invasion of Iraq. Warrantless domestic surveillance greatly increased. None of this did much to make us safer.

American society’s distrust of foreigners, especially Muslim foreigners, increased. Every president since 2001, including one who got a Nobel Peace Prize, has launched military actions in the Mideast. Trump has hit new levels of audacity, but Congress has long been in the habit of shrugging off presidential usurpations of the war-making power. “National security” has become the all-purpose excuse for power grabs.

The World Trade Center was only the most visible part of the damage which Bin Laden did. The effects on our society have been far more persistent.


SUBSCRIBE

Enter your email address to subscribe and get notifications of new posts by email.


Book discussion: A History of Repeated Injuries   Recently updated !

The founders of the United States objected to certain practices by the British government and declared independence to be rid of them. They didn’t entirely succeed, though. The eight essays in the Cato Institute’s A History of Repeated Injuries show that many of them have come back in new forms, harming us and infringing on our rights. Thus, the title applies in two senses: first in the sense the Declaration used, but also that they have been “repeated” many times since the Revolution supposedly brought them to an end.

The first article, “The Purpose and Limits of Government” by Roger Pilon, is different from the others. It presents an overview of libertarian ideas rather than addressing a specific problem. It makes some good points but attempts too much in too short a space. Pilon addresses some of the more difficult issues facing libertarians and offers answers, but it takes a longer essay, if not a whole book, to properly cover some of the matters raised.

The other pieces each focus on a specific concern of America’s founders and show how the nation has fallen short in addressing it. “How Plea-Driven Mass Adjudication Undermines Americans’ Right to a Jury Trial,” by Clark Neily, compares the guarantees in the Bill of Rights to the present state of affairs. The Sixth Amendment says, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.” Today, most criminal cases don’t go to a jury trial. They’re resolved by plea bargaining, which in practice means you plead guilty to a lesser charge under the threat of having heavier charges brought against you. That leaves defendants, whether guilty or not, having to decide whether they should accept a shorter sentence or risk a much longer one if they demand a jury trial. The question becomes not one of guilt or innocence but of risk assessment.

“The Seventh Amendment Civil Jury Right and Agency Adjudication,” a short article by Thomas A. Berry, deals with another aspect of trial without a jury. Many legal penalties are levied by government agencies rather than courts. The administrative panels are tied to their parent agencies, so they’re prone to bias in their favor.

“A Revolt Against Discriminatory Taxation,” by Adam M. Michel and Joshua Loucks, is mostly about the history of taxation in the colonial period and the first few decades of the US government. It notes that the colonial complaints weren’t just about “taxation without representation” but also about unfair levying. For instance, the Boston Tea Party wasn’t just about the imposition of a tax by Parliament; the tax was set up to give a monopoly to the East India Company, which had an exclusive exemption. The article goes on to discuss early tax revolts, such as Shays’ Rebellion and the Whiskey Rebellion, and the motives behind them.

David Bier’s “The Founders’ Policy of Free Immigration,” deals with a topic that’s especially relevant today. The founders of the US positively encouraged immigration; one of the complaints in the Declaration was about “obstructing the Laws for Naturalization of Foreigners.” The article covers the history of immigration law. Until the 1880s, there were no significant restrictions. The first limitations were on Chinese immigration, largely motivated by racial stereotypes held by white Californians (and non-Chinese immigrants competing for jobs). It was only in the 1920s that strong limits on immigration became the default under US law.

“The Withering of the Old Republic — The Decline of Anti-Militarism in American Politics,” by Brandan P. Buck, deals with the growing militarization of the US through its history. The Founders strongly distrusted standing armies and involvement in foreign wars, and the Constitution has a sunset requirement for all military appropriations. There was strong opposition to the US entry into World War I, but such opposition as there was to World War II involvement collapsed. Perhaps Hitler was a special case, but even after that the US fought many more foreign wars than before — without declaring war even once. Truman personally dragged the US into Korea’s civil war, forcing many Americans into it, and Vietnam followed. Congress has increasingly let presidents conduct military action in foreign countries with open-ended authorizations of military force.

Douglas A. Irwin’s “The Founders’ Trade Grievances — and Today’s” overlaps with the prior article on taxation, but with a focus on trade restrictions. The relevant objection in the Declaration is “for cutting off our trade with all parts of the world.” The US imposed tariffs aimed at revenue from an early time, and they were a subject of controversy among many economic factions. Only one paragraph deals with the current tariff controversy.

“A History of Government by Executive Order,” by Brent Skorup, looks at the expanding scope and questionable constitutionality of executive orders by the president. Lincoln made unprecedented use of them during the Civil War, but it was only with Theodore Roosevelt that their use in normal times began to expand seriously. The president has been given broad power to act in an emergency, but “emergencies” are often loosely defined and become permanent conditions. Among the most notorious is Franklin Roosevelt’s Executive Order 9066, which sent Japanese-Americans not accused of any crime to concentration camps.

These articles are interesting, informative, and often alarming. The main problem is that they’re brief for what they aim to cover. A reader can use the book as a starting point for learning about these issues. It shows that many of the abuses of power we face today didn’t start with Trump. They’ve grown over many years, often getting little attention. The perspectives we get here should be more widely known.


SUBSCRIBE

Enter your email address to subscribe and get notifications of new posts by email.


June 21 is not New Hampshire’s birthday

On June 21, 1788, New Hampshire ratified the United States Constitution. As the ninth state to ratify, it made the Constitution go into effect. This is an important anniversary. However, some idiots claim that makes it New Hampshire’s “birthday.” They seem to think that rather than the state of New Hampshire letting the Constitution take effect, the Constitution brought New Hampshire into existence.

That erases a huge amount of history. The first settlements were established along the coast and Great Bay starting in 1623. In 1635, King Charles I issued a grant of the “Province of New Hampshire.” For a while Massachusetts claimed what is now southeastern New Hampshire. Things went back and forth until William and Mary declared New Hampshire a royal colony in 1691. It was the first state to draw up its own constitution, six months before the Declaration of Independence. The Declaration lists it as one of the “free and independent states.” It was one of the parties to the Articles of Confederation.

You can choose New Hampshire’s “birthday” from several historical events. I like April 18, the date of the provincial grant. By any measure, New Hampshire existed long before the U. S. Constitution.


A note on Fanny Mendelssohn

Fanny Mendelssohn, also known by her married name Fanny Hensel, was a sister of the 19th-century composer Felix Mendelssohn. While she wasn’t nearly as famous as her brother, she was an excellent composer herself, and she doubtless would have been better known if 19th-century European society didn’t discourage women from professionally writing music. The website HenselPushers is devoted to publicizing her music and making it available in printed form. The site maintainer’s name isn’t given, but it’s been going for quite a while and appears reliable.

A recent article pointed out a common mistranslation of a statement by her father, Abraham Mendelssohn. Her biographer, R. Larry Todd, translated a sentence in a letter from Abraham to the 14-year-old Fanny as: “Music will perhaps become his [Felix’s] profession, whilst for you it can and must only be an ornament, never the root of your being and doing.” That sounds as if he was discouraging her from making music important in her life.

The actual quote, according to HenselPushers, is “Die Musik wird für ihn vielleicht Beruf, während sie für dich stets nur Zierde, immer Bildungsmittel, Grundbaß deines Seins und Thuns werden kann und soll.” The usual quotation has “niemals” (never) rather than “immer” (always), reversing the meaning, and omits “Bildungsmittel” (means of personal development). He recognized that the chances of her becoming a professional musician were slim at best, but he still regarded music as very important to her future.

This is just a short signal boost, so I won’t get into the reasons for the misquote, which HenselPushers thinks was an intentional alteration by her son Sebastian Hensel. I haven’t independently verified the analysis, but the translation of the German lines looks right to the best of my understanding. “Grundbaß” (spelled “Grundbass” today) means the “ground bass” or bass line of a piece of music; if it had a secondary meaning in the Mendelssohns’ time, it’s dropped out today. Abraham was using the word metaphorically.

Fanny is believed to have contributed to some of the compositions Felix published in his own name, though we’ll never know the exact extent.

Here’s a sampling of three of Fanny Mendelssohn’s Songs Without Words.


The road to Trump 4

Donald Trump is the culmination of many years of growth in presidential power. As Congress increasingly surrendered its role and the Supreme Court invented new presidential privileges, it was inevitable that someone would take full advantage of their deference and pursue one-man rule. While many of his actions are unprecedented, many build on the powers explicitly or tacitly granted to his predecessors.

According to Wikipedia, 51 national emergencies are currently in effect. Each one says the situation is so desperate that the president must have powers beyond the normal scope of the law. When Trump says that measures outside normal restraints are necessary, he’s just agreeing with what Congress has always said. The Patriot Act, passed as an emergency measure in response to the 2001 terrorist attacks, is still in effect a quarter century later.

Let’s take a walk backward in time to see how previous administrations paved the road to Trump.

Just before leaving office, Biden issued blanket pardons to many people, including members of his family. Most of these people had not been formally charged or convicted of anything; the pardons applied to anything they might have done. One of them had killed two FBI agents. Trump has built on this precedent, pardoning the people who assaulted the Capitol and even creating a slush fund for them.

Biden wrote off billions of dollars in student debt, an expenditure of money without Congressional authorization and a wealth transfer from those who didn’t go to college to those who did. The ACLU took the president’s side.

Barack Obama got a Nobel Peace Prize and then bombed seven countries without Congressional approval in 2016. He and other presidents relied on AUMF’s that in practice have let presidents attack pretty much anyone they feel like.

Before that we had George W. Bush, who presided over the panic-motivated creation of the Patriot Act, authorized torture, and fraudulently brought the US into an undeclared war with Iraq.

Richard Nixon issued a decree forbidding most wage and price increases, allegedly to fight inflation. That’s like fighting global warming by banning thermometers. It caused all kinds of dislocations. People couldn’t get raises, but they could get a better offer with a new job, so job-hopping skyrocketed. Nixon told David Frost, “When the president does it, it is not illegal.”

John F. Kennedy, aided by his brother the Attorney General, wiretapped journalists.

Truman was the first president to send the US into a major undeclared war.

Franklin D. Roosevelt ordered all banks in the US closed, using the World War I Trading with the Enemy Act as an excuse. He ordered Americans of Japanese descent into concentration camps. He urged Congress to pack the Supreme Court with new judges who would approve his unconstitutional actions. Congress handed him vast economic powers with the National Industrial Recovery Act and other legislation. He regularly intimidated the news media and called freedom of the press a “greatly overworked phrase.” Radio stations, subject to federal licensing, were highly subservient.

How far back can we go? To Lincoln’s suspension of habeas corpus? Perhaps even to Jefferson’s Louisiana Purchase? How long have people been claiming the president is the commander in chief of the nation (not just of the armed forces), as if we were a military dictatorship?

In some ways, FDR remains worse than Trump, but he had twelve years to Trump’s five. No candidate before Trump tried to overturn an election result after losing, and he tops his predecessors in using the office for personal aggrandizement. Either way, it’s not as if we couldn’t have seen it coming.

Gene Healy’s The Cult of the Presidency was helpful in researching this post.