Finding My Voice

Have you ever had a complete stranger change your life? It happened to me, and I want to share the story of how it happened. It’s a story I’ve never told, but one that I think is important.

The story begins in May 2020. We were in the midst of a pandemic that had killed tens of thousands. I knew it was going to get worse, but I had no idea how many lives it would eventually extinguish.

My emotions were raw. I had just ended a relationship a month earlier. I was hurt and lonely. The nightly update on the number of people who had died from Covid made matters even worse. People were dying, families were being destroyed, and all but the most essential businesses were being shut down. In addition, the country was being torn apart politically. The federal government seemed completely unable or unwilling to effectively address the pandemic, instead turning it into another battle in the country’s ongoing culture war. It was a difficult, depressing time.

Then Derek Chauvin, a white police officer in Minneapolis, snuffed out the life of a black man named George Floyd, for no reason other than that he could. The whole ugly episode was captured on video and was served up to a national television audience, setting off protests and counter protests across the country.

Our divided country became further divided, pitting those who were outraged by the murder of George Floyd against those that didn’t seem to care that a police officer had murdered yet another unarmed black man. I was solidly on the side of the former, but what could I do, sitting alone at home, emotionally frayed and angry? Then I read this poem:

What Does One Say?

What does one say,
when George Floyd is executed in broad daylight,
and a seventeen-year-old girl films him calling for breath and his dead mother,
and the world looks on as the officer tucks his hands in his pockets?

What does one say,
when the streets fill with righteous anger,
and the refrain of “no justice, no peace” rises like incense,
and the sounds of flash bangs crack the night sky?

What does one say,
when suddenly the church doors are flung open,
and the wounded stumble in to find help,
and the traumatized step in to find sanctuary?

What does one say,
when, for two nights, fires rage all around,
and fist-sized embers rain down,
and smoke covers the block like a blanket?

What does one say,
when the President uses tear gas against his own people,
and the Bible becomes little more than a prop,
and protesters—who are pleading for Black lives—are labeled “thugs” from the nation’s most prominent pulpit?

What does one say,
when a neighborhood, once rich with groceries, becomes a desert overnight,
and businesses burn to the ground,
and nonprofit partners return to find nothing but wily flames and ashes?

What does one say,
when white supremacists show up to incite violence,
and black hawks circle round and round,
and neighbors—ages twenty to ninety—set up lawn chairs on the street corners to keep watch?

What does one say,
when the refrain “all lives matter” is again wielded like a sword,
and some choose to attend to the ninety-nine at the expense of the one,
and white moderates look at the uprising and say that “they just aren’t doing it right”?

What does one say,
when the church—the last public building—becomes the epicenter of disaster recovery,
and smells not-so-faintly of tear gas and smoke and sour milk,
and any lingering desire to protect the structure for an unknown tomorrow is eclipsed by the want to use it today for love?

What does one say,
when tens of thousands from every nation and every creed show up in need of food and basic necessities,
and goods enough appear each day,
and volunteers descend from far and wide—each called to be present for this moment?

What does one say,
when violence and tenderness join hands,
and institutional racism and righteous anger come face-to-face,
and grief and love embrace,
and scarcity and abundance kiss?

What does one say?
Truth is, I’m not sure.
But what I know is this:
Black Lives Matter.
You are not alone.
And God is here, already at work building something new.

That poem was written by Ingrid Rasmussen. Ingrid is the Lead Pastor at Holy Trinity Lutheran Church in Minneapolis. Even now, when I re-read it, I get choked up just like I did when I read it for the first time on June 7, 2020. The poem brought all of my emotions—the hurt, the anger, the loneliness, the helplessness—to the surface.

I wanted to scream, to cry, to reach out, to make a difference, but I didn’t know how. I was just an older, middle-class, white guy. What did I have to say about the George Floyd murder or institutional racism that was valid and meaningful to anyone? I had lots of thoughts, lots of feelings, but no voice. In my experience, people like me just didn’t speak up. It was easier to stay quiet, to not make waves, to blend into the background. It was safer to keep opinions inside, to not ruffle any feathers, to not alienate friends or family.

Then I read Pastor Rasmussen’s poem and something inside me changed.

You see, Pastor Rassmussen is white, like me. She’s Lutheran, like me. I didn’t think people like us spoke up about racism and inequality. But if Pastor Rasmussen could speak up so powerfully and so clearly, then maybe I could too.

I began voicing my opinion on social media, the most convenient way to communicate, especially during a pandemic. I got into arguments, I lost some friends (both online and in real life), and I angered some people that thought I was being a radical for having the audacity to say that black people in the United States were entitled to equality and justice under the law.

I’m not sure what I expected when I decided to speak up. I sure didn’t set out to single-handedly change the world. Maybe I hoped that something I said would change a mind or two. Truthfully, I don’t know if anything I said made a difference. But I don’t think that was the point. I saw an injustice, and thanks to Pastor Ingrid Rasmussen, I found my voice and spoke up. What happened after that was and is out of my control. But until our country and our government treats all people with respect, equality, and justice—regardless of the color of their skin, the God they worship, the country they hail from, or the person they love–I’ll keep speaking up. It’s what each of us should do.

I still have never met or spoken to Pastor Rasmussen. Even so, I am so thankful to her for the courage, eloquence, and commitment to doing the right thing she displayed in the aftermath of the George Floyd murder.

Thank you, Pastor Rasmussen. Your words helped me find my voice, and I am eternally grateful.

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Is Donald Trump Disqualified From Being President?

The Union won the war, at least in theory. The Confederate Army was defeated, but the southern states carried on as if they hadn’t lost. Confederate officials continued to run things in the south, and black Americans, now freed from bondage—again, in theory—continued to be mistreated and denied their Constitutional rights. Lincoln had a plan to free the slaves, but how he planned to incorporate them into the larger society was murky at best. Then, he was assassinated.

The Union had been saved, but it continued to be torn apart. Southern states sent former Confederate officials—military leaders and politicians, including Vice-President of the Confederacy, Andrew Stephens—to Congress. It was an audacious move. The very people who had advocated for succession of the southern states and who had helped wage a bloody war against the United States, were now being sent to Washington to help lead the very country they had committed treason against. Something had to be done.

Republicans in Congress were outraged. They didn’t think that former Confederates should be anywhere near the seat of power. They responded by passing the Thirteenth, Fourteenth and Fifteenth Amendments to the Constitution, known colloquially as the “Reconstruction Amendments.”

Section three of the Fourteenth Amendment spoke directly to what was happening in Washington. Republicans in Congress wanted to make sure that no Confederate officials—military or political—could hold office in the federal or state governments. Section Three reads:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

Two esteemed law professors, William Baude of the University of Chicago School of Law and Michael Stokes Paulsen of the University of St. Thomas Law School, contend that the Fourteenth Amendment, Section Three prohibits Donald Trump from even being considered to hold any state or federal office. And according to these two professors, the call isn’t even close.

What makes Baude and Paulsen’s contention all the more credible is that both men are well-regarded conservatives, and both are members of the Federalist Society, the conservative group behind the Republican’s push to stack the federal judiciary with conservative jurists. It’s hard to dismiss Baude and Paulsen’s argument as part of the “liberal agenda” when both men are firmly entrenched in the conservative movement.

The two legal scholars published their findings in the University of Pennsylvania Law Review. They spent 126 pages making their case, but their conclusion comes down to this one paragraph:

“The bottom line is that Donald Trump both “engaged in” “insurrection or rebellion” and gave “aid or comfort” to others engaging in such conduct, within the original meaning of those terms as employed in Section Three of the Fourteenth Amendment. If the public record is accurate, the case is not even close. He is no longer eligible to the office of Presidency, or any other state or federal office covered by the Constitution. All who are committed to the Constitution should take note and say so.”

Baude and Paulsen are not alone. Former federal judge and conservative legal scholar J. Michael Luttig, as well as progressive Harvard Law School professor Lawrence Tribe, recently published an article in The Atlantic agreeing with Baude and Paulsen. Their conclusion?

“The former president’s efforts to overturn the 2020 presidential election, and the resulting attack on the U.S. Capitol, place him squarely within the ambit of the disqualification clause, and he is therefore ineligible to serve as president ever again. The most pressing constitutional question facing our country at this moment, then, is whether we will abide by this clear command of the Fourteenth Amendment’s disqualification clause.”

I have heard some commentators talk about the need to file a lawsuit to exclude Trump from the 2024 Presidential ballot. However, that may not be necessary. According to Baude, Paulsen, Luttig, and Tribe, Section Three is self-executing, and it is not dependent on Trump being convicted of any wrongdoing before it can be used.

In other words, it is up election officials in each state to decide whether or not Trump should be allowed on the ballot. Secretaries of State in California, Massachusetts, and Maine have already begun investigations into whether or not Trump is disqualified from running for the presidency. Lawsuits to compel election officials in Colorado and Minnesota to remove Trump from the ballot have been filed. Republican Presidential candidate Asa Hutchinson has called on Secretaries of State to refuse to include Trump on the ballot. The idea is beginning to gain steam.

Of course, there are credible people who disagree with Baude, et al. Conservative commentator and Never-Trumper David Frum thinks the argument that Trump is disqualified from running for President is a fantasy. Former Assistant Attorney General for the Southern District of New York, Preet Baharara, as well as former AGA and head of the Drug Enforcement Administration, Chuck Rosenberg–both well-respected legal thinkers–don’t believe Section Three applies to Trump’s situation. But at the moment, there seems to be more legal experts that agree with Baude, et. al than don’t.

An important point that sometimes gets overlooked is that the Constitution sets other qualifications for those wishing to become President. For instance, anyone running for President must be at least 35-years old and must be a natural born citizen of the United States. Section Three is not a punishment. It’s simply a qualification that a candidate must meet in order to be allowed on the ballot. It is up to the election officials in each state to determine if each candidate is qualified to run for president.

So, what can we expect to happen? In a word, lawsuits. If a Secretary of State in any state excludes Trump from the ballot, you can expect Trump to challenge the decision in court. If a Secretary of State decides to include Trump on the ballot, you can expect a lawsuit from citizens of that particular state contending that Trump is unqualified to be on the ballot. Eventually, the Supreme Court will need to weigh in. And what will they say?

If I had to guess, I think the majority of the Court will agree with Baude and Paulsen’s assessment. I know that may seem counterintuitive since six of the Justices are conservative, and three of those Justices were appointed by Trump himself. Even so, I could see six, maybe even seven, of the Justices agree that under Section Three of the 14th Amendment, Trump is not qualified to run for the Presidency. I don’t expect Thomas or Alito to disqualify Trump. Gorsuch could go either way. I expect Roberts, Kavanaugh, and Coney-Barrett to side with the three liberal Justices to find that Trump does not meet the Constitutional qualifications to run for the Presidency of the United States.

No matter how this shakes out, it’s an interesting situation with extremely high stakes. Assuming Republicans choose Trump to be their candidate through the primary election process, there will be a lot of pressure on the various secretaries of state to either include or exclude Trump from the ballot. Lawsuits are certain to ensue, and it will be up to the Supreme Court—if they agree to take on the case—to decide if Trump is allowed to run.

I think our crazy political environment is about to get even crazier.

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A Second American Civil War? It Could Happen

A little over a year ago, I published a post entitled Is the United States Heading Toward Civil War 2.0? In that post, I detailed how the United States was facing a different kind of civil war; a type of war carried out by individuals and small groups rather than state-sanctioned militaries. A type of war that is more akin to terrorism than traditional war, but will nonetheless pit citizen-against-citizen, and likely cost a lot of American lives before it is quelled.

In that post, I highlighted Dr. Barbara F. Walter, a professor of political science at the University of California-San Diego; a member of the Center for Systemic Peace, a think tank that researches and tracks civil wars around the world; and the author of How Civil Wars Start. Dr. Walter recently gave a Ted Talk explaining her research and the conclusions she has reached concerning the possibility of a civil war right here in the United States. Her explanation is fascinating, her conclusions are shocking, and her recommendations to remedy the mess we find ourselves in  and avoid a potential civil war give hope to an often hopeless situation.

The following video is only 13 minutes long, but it contains very important information that every American should know and understand. I encourage you to take the time to watch it.

 

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Today, We Remember Birmingham

Today marks the 60th anniversary of the bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama and the death of four young black girls, Addie Mae Collins, Cynthia Wesley, Carole Robertson and Carol Denise McNair. Birmingham was no stranger to bombings. Between 1947 and 1965 there for fifty separate bombings of homes, businesses, and churches in the town that came to be known as “Bombingham.”

Even so, there was a sense of optimism in the summer of 1963. Earlier that year, Rev. Martin Luther King Jr’s. Southern Christian Leadership Conference led non-violent protests through the streets of Birmingham against segregation and discrimination. The protesters were met with violence from white supremacists like the Ku Klux Klan, as well as the Birmingham Police, led by Public Safety Commissioner Bull Connor. The police unleashed attack dogs on the protesters and sprayed them with fire hoses. The spectacle played out on TV, and is said to have sickened President John F. Kennedy, who just two months later introduced The Civil Rights Act of 1963. Despite the violence against them, the protest had been a success.

The optimism brought on by the introduction of The Civil Rights Act was short-lived. On September 15, 1963, four members of the United Klans of America planted fifteen sticks of dynamite, along with a timer, under the Sixteenth Street Baptist Church. The bomb went off as parishioners were gathering for the 11 o’clock service. A man driving past the church at the time of the blast was thrown completely out of his car. Another man, using a nearby pay phone, was blown through the door of a dry-cleaning business, still clutching the telephone’s ripped-off receiver in his hand.

The church itself was badly damaged, blowing out the back wall and leaving a massive crater where a large stone foundation and brick wall once stood. The four young girls, who had been changing into their Sunday clothes, were found in the basement. Cornell University Historian Kevin Kruse describes what happened next:

“As a crowd gathered to pull the girls’ bodies from the rubble of the church, a group of white teens with a Confederate flag and a sign saying “Go Back to Africa” taunted them. Some of African American teens responded by throwing stones, trying to chase them away from the scene. At this point, the police intervened and tried to apprehend some of the black teens. A sixteen-year-old black boy ran away from them, and was shot in the back by a shotgun blast. 

“At the same time, across town, another pair of white boys pulled up alongside two young black boys who were riding their bikes.  One of the white boys pulled out a pistol, put two bullets into a thirteen-year-old’s head and chest, and drove away.”

Today, sixty years after this horrendous and deadly violence, we see forces in our country that would like us to take a step back to those dark days. They want to reinstitute a caste system where African-Americans and other minorities are treated like second-class citizens. And they’re willing to use violence—just like the Ku Klux Klan and other white supremacists used in 1963—to get what they want.

It’s up to each of us to be diligent, to call out bigotry and hatred wherever and whenever it raises its ugly head. We’ve come too far and too much innocent blood has been spilled to ever go back. We must remember the lives lost on that fateful September day in 1963 and honor their memories by redoubling our efforts to end all forms of hatred and prejudice.

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How to Live to be 100 (or Older)

Dan Buettner is a National Geographic Fellow and a best-selling author who has devoted much of his life to understanding why some communities produce large numbers of people who live to be 100 years of age or older. These communities, known as Blue Zones, are spread throughout the world, and although they are disparate geographically, they seem to have several things in common that lead their residents to live to 100 and beyond.

Buettner is the host of Live to 100: The Secret of the Blue Zones, a Netflix multi-part documentary. The film follows Buettner as he travels the world from Japan to Sardinia to Costa Rica to California to meet people who are living unusually long lives, and to uncover the secrets to their longevity. At the end of the docuseries, Buettner reverse engineers what he has learned and implements those lessons in Albert Lea, MN to surprising results.

The docuseries is very interesting and informative. If you have Netflix, I encourage you to watch it. If not, here is a breakdown of what Buettner learns on his journey to Blue Zones and the secrets to long life that they hold:

  1. Move Naturally – Exercise is great, but what people who live to be 100 or more do is incorporate natural movement into their daily lives. What exactly do they do? Here are a few examples:
    1. Work by Hand – Doing things like washing the dishes, chopping wood, vacuuming around the house, or mowing the grass may not seem like exercise, but it keeps a body active, utilizing muscles in different ways and keeping those muscles toned and flexible.
    2. Gardening – One thing almost all of the Blue Zone communities have in common is that their residents often work in private gardens. Growing healthy food is one goal of this gardening, but the more important thing is they are outside, moving, bending, and stretching, keeping their bodies fit.
    3. Walking – Almost all Blue Zone communities encourage walking rather than driving. Residents walk to the grocery store, the café, or just around the neighborhood for exercise and relaxation.
  2. Outlook – This involves the way residents of Blue Zones view the world and how they see their place in it.
    1. Unwind – Blue Zone residents make time to relax and refresh. Doing things to de-stress is a priority, so they routinely take naps, meditate, and spend time in nature. They understand that recharging their batteries is every bit as important as carry out whatever duties and obligations fill their day.
    2. Faith – This could be religious faith or a spiritual practice. The type of religion doesn’t matter. One Blue Zone community is made up primarily of Buddhists while another (in Loma Linda, CA) is made up of Seventh Day Adventists. The important thing for Blue Zone residents is incorporating a religious or spiritual practice into their daily lives.
    3. Purpose – Having a purpose could involve having a higher calling, such as feeding the hungry or working to cure cancer, or it could simply be understanding your role in life. One of the Blue Zone communities in Costa Rica includes an unusually high number of shepherds. These people understand what they are supposed to be doing from the time they get up in the morning until they go to sleep at night. The sheep count on them, and they gladly and gratefully go about their work every day.
  3. Eat Wisely – Diet plays a huge role in how our bodies age. Blue Zone residents eat consciously, but they don’t go overboard. They enjoy treats now and then, but primarily eat a healthy diet.
    1. Plant-Based – Residents of Blue Zones eat far less meat than people who live in non-Blue Zones. For instance, for most people, meat makes up about 15% of their caloric intake. For Blue Zone residents, meat accounts for just 5% of their diet. Blue Zone residents are not strictly vegetarian or vegan, but they eat much less meat than other people.
    2. Wine – Wine is an important ingredient in the diet of Blue Zone residents. Consumed in moderation, often with meals, wine provides anti-oxidants and important minerals, especially when produced locally.
    3. Moderation – Blue Zone residents tend not to over-indulge in anything. They enjoy all things (healthy and not so healthy) in moderation. In one Blue Zone community, residents are taught to stop eating when they are 80% full. This reduces obesity and improves digestive function.
  4. Connect – We are social animals and its important to be around other people, interacting with them and enjoying their company. In our modern world, even as we live more closely, in more densely populated areas, loneliness has become an epidemic, draining not only our happiness, but decreasing our life expectancy.
    1. Family First – Blue Zone residents tend to live near family members, often in the same house. When residents get older, rather than being put in a nursing home, they either move in with family members or move closer to family members for emotional and physical support.
    2. Partnership – Our relationship with a spouse or significant other has a huge impact on every other part of our lives, including our longevity. A good, loving, happy, supportive marriage or partnership is often key to living longer and remaining healthy into our older years.
    3. Right Tribe – Residents of Blue Zones often surround themselves with friends and neighbors that make up their tribe. These friends and neighbors not only provide support and encouragement, but since they are often also going through the same experiences, they provide examples and opportunities to lend a hand.

I don’t know about you, but I want to live a long life, and I want to be alert, productive, and healthy right up until the end. I plan on incorporating the ideas outlined above into my life as I move forward. I’d like to get as much life as I can out of my old body. And if I can, I’d like to live well past 100. How about you?

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RE-RUN: Deep Dive: “Escape (The Pina Colada Song) by Rupert Holmes

This post was originally published on February 19, 2020.

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Have you ever heard the song “Escape (The Pina Colada Song)” by Rupert Holmes? Everyone over the age of fifty or so has probably heard the song hundreds of times. It was a number one hit and was played incessantly on the radio in the late 1970s. If you’ve never heard the song, let me tell you about it.

The narrator of the song is tired of his relationship with his wife or girlfriend. It’s never clear if he’s married or just dating. He thinks his relationship is boring, so he scans the personal ads in the newspaper.

For younger readers, this might seem crazy, but back in the dark ages of the 1970s, there was no Match.com, eHarmony, or Tinder. If you were looking for a date, you took out a classified ad in the newspaper and hoped that someone would read it and respond. Crazy, I know. It’s amazing any of us are still alive.

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Fun Fact: Rupert Holmes was born David Goldstein on February 24, 1947

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Anyway, the guy in the song sees a personal ad that catches his eye. The ad reads:

“If you like Pina Coladas, and getting caught in the rain
If you’re not into yoga, if you have half a brain
If you like making love at midnight, in the dunes of the cape
I’m the love that you’ve looked for, write to me, and escape”

Who could blame a guy for falling for that kind of poetry and passion in just four lines? Our song narrator couldn’t. So, what did he do? Did he write to the Pina Colada women? No, he did not. This is one of the many things I don’t understand about the song. Maybe I just don’t remember how personal ads worked, but I thought the person posting the personal ad included a way to contact her, like a phone number or a mailbox provided by the newspaper. In her personal ad, she even says, in the last line, “write to me.”

But our songster doesn’t write to her. He places another personal ad. That seems risky, doesn’t it? How does he know the woman he is responding to would even see his ad? Talk about a long shot. I’m sorry, but color me skeptical.

Here’s what our narrator wrote in his personal ad:

“Yes, I like Pina Coladas, and getting caught in the rain
I’m not much into health food, I am into champagne
I’ve got to meet you by tomorrow noon, and cut through all this red tape
At a bar called O’Malley’s, where we’ll plan our escape”

Naturally, if the woman from the first personal ad didn’t see his personal ad, it wouldn’t be much of a song, would it? So, miracle of miracles, she sees our hero’s personal ad and shows up to O’Malley’s.

Before I move on, let me discuss O’Malley’s Bar. Have you ever heard of a high-class club called O’Malley’s? I know, this is all fictional. It didn’t really happen. But if you were going to make up a place to meet a make-believe date and you wanted to impress her, would you call it O’Malley’s? I wouldn’t. O’Malley’s sounds like a place you’d go with your mates after the rugby match, or a place that functioning alcoholics gather after work. It doesn’t sound like a swank place to take a date.

Sorry for the tangent. Back to the song.

So, our hero is waiting at O’Malley’s, and his date from the personal ad shows up. Here’s what happens:

“So I waited with high hopes, then she walked in the place
I knew her smile in an instant, I knew the curve of her face
It was my own lovely lady, and she said, ‘Oh, it’s you’
And we laughed for a moment, and I said, ‘I never knew’”

At this point, my BS meter is going nuts. Are you kidding me? They both just realized that their significant other is looking for a hook up, and they’re both fine with it? I don’t think that’s how relationships work. The relationship is so bad that they both want to cheat, but when they both get caught, they laugh it off and decide to stay together. I don’t think so.

Also, is it just the way I’m reading it, or does the wife/girlfriend sound horribly disappointed when she says “Oh, it’s you?” If I was the guy, I wouldn’t be so anxious to stay in this relationship. He should really watch his back. She doesn’t seem that into him.

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Fun Fact: “Escape (The Pina Colada Song)” was the final #1 song of the 1970’s

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The song was originally called simply “Escape.” There was no mention of pina coladas. In fact, originally, pina coladas weren’t even mentioned in the song. The original lyric was, “If you like Humphrey Bogart…” That’s right. Humphrey Bogart. Not quite as romantic or tropical as pina colada, is it? After Holmes wrote the song, he decided Humphrey Bogart wasn’t the feel he was looking for. He thought substituting an alcoholic drink might be the way to go, something tropical, and pina colada was one of the first drinks that came into his head. At that point, he had never had one and wasn’t sure what was in the drink, but it fit phonetically, so he went with it.

Although “Escape (The Pina Colada Song)” is the biggest hit of his career, Holmes didn’t view it that way when he wrote the song. He needed one song to finish an album, and wasn’t all that crazy about “Escape”. He just wanted to finish writing it, get it recorded, and go home.

So, while he was writing the lyrics, struggling to find a replacement word or phrase for “Humphrey Bogart,” the drummer from Holmes band got drunk. In fact, too drunk to play on the song. So, he was stuffed into a taxi and sent home, leaving Holmes to use a basic form of sampling for the drum track. It wasn’t ideal, but Holmes wasn’t too concerned. “Escape” was just a filler track so he could finish recording the album.

In a 2003 interview with SongFacts Magazine, Holmes said, “The original lyrics said, ‘If you like Humphrey Bogart and getting caught in the rain.’… As I was getting on mic I thought to myself, I’ve done so many movie references to Bogart and wide-screen cinema on my earlier albums, maybe I shouldn’t do one here. I thought, what can I substitute? Well, this woman wants an escape, like she wants to go on vacation to the islands. When you go on vacation to the islands, when you sit on the beach and someone asks you if you’d like a drink, you never order a Budweiser, you don’t have a beer. You’re on vacation, you want a drink in a hollowed-out pineapple with the flags of all nations and a parasol. If the drink is blue you’d be very happy. And a long straw. I thought, what are those escape drinks? Let’s see, there’s daiquiri, mai tai, piña colada… I wonder what a piña colada tastes like? I’ve never even had one. I thought that instead of singing, ‘If you like Humphrey Bogart,’ with the emphasis on like, I could start it a syllable earlier and go, ‘If you like piña-a coladas.’”

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Fun Fact: Holmes brother, Richard, is an opera singer

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When the album was finished, the studio decided they wanted to release “Escape” as a single. Holmes thought it was a bad idea, but didn’t fight them. The song floundered, never rising very high on the Billboard charts in the US. Then radio stations began reporting that they were being inundated with requests for “The Pina Colada Song.” Problem was, there was no song named “The Pina Colada Song”. The studio contacted Holmes and requested that the song be renamed. Holmes refused, but they came to a compromise: “Escape (The Pina Colada Song).” Once the song was renamed, it shot to number one.

Since then, “Escape (The Pina Colada Song)” has been featured in movies, such as Shrek, Guardians of the Galaxy, Grown Ups, and Like Father, as well as TV shows, such as Third Watch, The Goldbergs, Splitting Up Together, Living with Yourself, and It’s Always Sunny in Philadelphia. Not bad for a song that was considered a throw away by its author.

Rupert Holmes is considered a bit of a one hit wonder by many people. However, that’s not only unfair, but incorrect. He had eight songs on the Billboard 100, including “Him,” that peaked at number six, and “Answering Machine,” which rose to number thirty-two. Also, before writing “Escape (The Pina Colada Song),” he wrote songs for other artists, including Dolly Parton, Gene Pitney, and The Drifters. Here’s a song he wrote for The Partridge Family:

And here’s one that was included in Barbara Streisand’s hit movie, A Star is Born:

After writing “Escape (The Pina Colada Song),” Holmes expanded his horizons, writing a mystery novel entitled Where the Truth Lies, which won the Edgar Award and was turned into a movie starring Kevin Bacon. He also penned a play called The Mystery of Edwin Drood (later known as Drood) that won a Tony Award. He also created and wrote the American Movies Classic TV show Remember WENN.

Here is Holmes explaining the creation of “Escape (The Pina Colada Song),” as well as doing the song live:

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Where For Art Thou, American Conservatism: An Internet Chat with David Brooks

Politically speaking, I came of age in 1980.  That year, I worked on the campaign of presidential candidate John Anderson, an Illinois Congressman who was running as an independent. To be honest, my motives working for the campaign were a bit misdirected. I was chasing a girl who worked on the campaign. Anderson won 6.6% of the vote. I did significantly worse.

But it wasn’t Anderson that opened my eyes to the world of politics. It was Ronald Reagan. Reagan exuded a positive, can-do attitude that I found contagious. While Democrats seemed to be constantly singing a song of woe, Reagan and the Republicans were singing a song of hope and possibility. For a young guy with his whole life ahead of him, the choice between the two was simple.

At the time, Republicans were the party of ideas. They had a message to move the country forward, to make life better for the average American. While Democrats groused about how bad everything was, Republicans offered positive solutions to the challenges we faced.

My, how things have changed. The script has completely flipped. Today, Republicans spend their time airing their grievances and doing what they can to take the country backwards to a time that exists only in their nostalgic minds. They’ve sold their souls to a reality TV conman who has reduced the once Grand Old Party to a cartel of grifters, conspiracy theorists, and authoritarian wannabes. At the same time, Democrats have become the party of ideas, offering hope and a vision for a brighter future where democracy is maintained and strengthened. The differences between the two parties couldn’t be much more stark.

The term “conservative,” has lost all meaning. When I was a young man growing up in the 1970’s and 80’s, a conservative could be a democrat, and a liberal could be a Republican. Those two terms–conservative and liberal–were not assigned to any one party. As a result, parties came to the table with proposals that worked for all (or most) of their members, and often, for most of the members of the opposing party as well.

Beginning in the 1980’s, liberals gravitated to the Democratic Party and conservatives to the GOP. For a while, it was easy to use the terms “liberal and Democrat,” as well as “conservative and Republican,” interchangeably. It’s still common to associate liberals with the Democratic Party, but where have the conservatives gone?

Today, Republicans—particularly MAGA Republicans—like to refer to themselves as conservative. But despite their claims, the word conservative has a defined meaning. And politics as practiced by Republicans is not conservative.

David Brooks, the New York Times opinion columnist, has a long list of conservative bona fides. For 20 years, Brooks has been the conservative voice at the NYT, and he has been the conscience of the Republican Party. He recently wrote an article in the Atlantic asking the question, what happened to American conservatism? I found his piece enlightening and have excerpted it below. If you’d like to read the entire article, you can find it here.

I thought it would be helpful to treat my interaction with Brooks article as a quasi-conversation in hopes of clarifying and expanding his thoughts. Brooks’ words are italicized. Mine are in normal font.


Brooks: What passes for “conservatism” now…is nearly the opposite of the Burkean (political philosopher Edmund Burke) conservatism I encountered then. Today, what passes for the worldview of “the right” is a set of resentful animosities, a partisan attachment to Donald Trump or Tucker Carlson, a sort of mental brutalism. The rich philosophical perspective that dazzled me then has been reduced to Fox News and voter suppression.

I recently went back and reread the yellowing conservatism books that I have lugged around with me over the decades. I wondered whether I’d be embarrassed or ashamed of them, knowing what conservatism has devolved into. I have to tell you that I wasn’t embarrassed; I was enthralled all over again, and I came away thinking that conservatism is truer and more profound than ever—and that to be a conservative today, you have to oppose much of what the Republican Party has come to stand for.

Mindar: Describing the culture of grievance and cult-like following of people like Donald Trump and Tucker Carlson as “mental brutalism” is apt. Cruelty seems to be the point of most Republican policy, assuming you can actually find Republicans advocating policy positions as opposed to spouting culture war sound bites. They seem to operate from the premise that what is good for the country—and they define “the country” as “us”—is what most hurts their political opponents. It’s this idea that the only thing that matters is owning the libs.

Republicans by and large have turned their backs on intellectualism. They view experts and people who have spent their lives studying a subject as “elites” who should be shunned and their opinions dismissed. Instead, they prefer the opinions of the MAGA everyman, a person or people who have no particular expertise, but who are fellow travelers with a common enemy. That’s how we got to the point on the right of people treating Covid with a horse dewormer.

The ”mental brutalism” also includes a propensity to resort to political violence. When they don’t have the superior argument or the moral underpinning or the requisite number of votes, followers of MAGA believe violence can get them what they want. It is perhaps the most un-conservative belief of this supposedly conservative political party. It is a belief that is far more at home in places like Russia, China, Iran, and North Korea than in modern day America.

Brooks: The most important sentiments are moral sentiments. Conservatism certainly has an acute awareness of sin—selfishness, greed, lust. But conservatives also believe that in the right circumstances, people are motivated by the positive moral emotions—especially sympathy and benevolence, but also admiration, patriotism, charity, and loyalty. These moral sentiments move you to be outraged by cruelty, to care for your neighbor, to feel proper affection for your imperfect country. They motivate you to do the right thing.

Burkean conservatism inspired me because its social vision was not just about laws, budgets, and technocratic plans; its vision was about soulcraft, about how we build institutions that produce good citizens—people who are moderate in their zeal, sympathetic to the marginalized, reliable in their diligence, and willing to sacrifice the private interest for public good. Conservatism resonated with me because it recognized that culture is more important than the state in driving history. “Manners are of more importance than laws,” 

Mindar: Like Brooks, I saw conservatism as a philosophy to build a better, kinder, more caring America, I wasn’t blind to the marginalized groups that were being left behind, but I thought a more compassionate conservatism could bring them along. Unfortunately, while I focused on individual bigotry and discrimination, I didn’t realize that institutional racism was so big and so pervasive that, even if we could cure individual citizens of their bigotry through conservatism, institutional racism would continue to weigh the country down. I admit, I was naïve. But I thought at the time that conservatism was the key to helping to lift up the downtrodden and right the discriminatory wrongs of the past.

Unfortunately, what has happened in the past several decades is that Republicans have embraced what Brooks calls the sinful aspects of conservatism—selfishness, greed, lust—mixed in with what passes for patriotism on the right, and have abandoned the more positive aspects of conservatism, such as charity, loyalty, community, and altruism, to create a toxic form of conservativism that worships the worst people, praises the worst attributes, and views the more positive aspects of Burkean conservativism as weak. People who exhibit these more positive aspects are referred to as “woke” or “snowflakes” by MAGA conservatives.

Brooks: Conservatives thus spend a lot of time defending the “little platoon[s],” as Burke called them, the communities and settled villages that are the factories of moral and emotional formation. If, as Burke believed, reason alone cannot find the one true answer to any social problem, each community must improvise its own set of solutions to intricate human concerns. The conservative seeks to defend this wonderful heterogeneity from the forces of bigness and the centralizing arrogance of rationalism—to protect these little platoons when government tries to perform roles best done in families, when the federal government takes power from local government, when big corporations suck the vitality out of local economies.

Mindar: Brooks speaks longingly of the conservative preference for small government. However, I would argue that the zealousness with which Republicans pursued small government (in rhetoric, if not in practice) is what has led to the distrust of governmental institutions necessary for the operation of a democracy. Preference for a small government turned into simple loathing for all government. This has led to today’s Republicans not having any coherent governing philosophy. Though they seek power, they do so for its own sake. They do not have grand plans for an American government that accomplishes anything other than tearing itself apart. They weaponize governmental power to punish their political enemies, even as they claim their political enemies are weaponizing government against them. In Congress, they hold the country hostage through the budget process; they threaten to defund the Department of Justice, the FBI, and the IRS; they say they want to eliminate the Environmental Protection Agency, the Department of Education, the Department of Energy, and any other department that displeases them. Their rhetoric is more akin to anarchy than conservative governance.

Brooks: True conservatism’s great virtue is that it teaches us to be humble about what we think we know; it gets human nature right, and understands that we are primarily a collection of unconscious processes, deep emotions, and clashing desires. Conservatism’s profound insight is that it’s impossible to build a healthy society strictly on the principle of self-interest. It’s an illusion, as T. S. Eliot put it, to think that a society in which people don’t have to be good can thrive. Life is essentially a moral enterprise, and the health of your community will depend on how well it does moral formation—how well it nurtures ordered inner lives and helps balance sentiments, desires, and motivations. Finally, conservatism welcomes you into a great procession down the ages. Society “is a partnership in all science,” Burke wrote, “a partnership in all art; a partnership in every virtue, and in all perfection. As the ends of such a partnership cannot be obtained in many generations, it becomes a partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born.”

Mindar: This paragraph from Brooks is an excellent example of how far from conservatism Republicans have strayed. Nearly every action they take is designed to prop up their friends and destroy their enemies. There is no sense of community. They are not looking out for the least among us. In fact, they work to accomplish the exact opposite. They do everything they can to further marginalize the already marginalized. They apparently believe that society can thrive through self-interest and power. The health of the community is of no concern to Republicans. Or, to put a slightly finer point on it, they view the community as being made up of only those that believe as they believe. Non-believers are ostracized and excluded from the community. They refer to these non-believers as “not real Americans.” So, in their minds, they continue to care for the community, but the community doesn’t include anyone that doesn’t think like they think.

Brooks: I realized that every worldview has the vices of its virtues. Conservatives are supposed to be epistemologically modest—but in real life, this modesty can turn into a brutish anti-intellectualism, a contempt for learning and expertise. Conservatives are supposed to prize local community—but this orientation can turn into narrow parochialism, can produce xenophobic and racist animosity toward immigrants, a tribal hostility toward outsiders, and a paranoid response when confronted with even a hint of diversity and pluralism. Conservatives are supposed to cherish moral formation—but this emphasis can turn into a rigid and self-righteous moralism, a tendency to see all social change as evidence of moral decline and social menace. Finally, conservatives are supposed to revere the past—but this reverence for what was can turn into an abject deference to whoever holds power.

Mindar: Wow, what a paragraph. I agree with every word. MAGA Republicans have convinced themselves that: 1) Among nations, the United States is exceptional, and 2) Foreigners from lesser countries (some of them “shithole” countries) are overrunning our borders and intend to take our exceptional country away from “true Americans.” This jingoistic (not patriotic) fervor for country coupled with a paranoid hatred for outsiders is a hallmark of MAGA political philosophy. To stray from this doctrine is to have your MAGA card revoked, reduced to the scrap heap of RINOland.

Any mention of a change to policy that would benefit normal working-class folks or, worse yet, marginalized Americans, is met with a knee-jerk reflex among MAGA Republicans to shout “Socialism.” But for MAGA Republicans, “socialism” (along with a host of other words like “woke” and “critical race theory”) is defined as “anything they don’t like or agree with.” In this way, Republicans have ceased to be conservatives, and have instead become reactionaries, opposed to everything, but standing for nothing.

Brooks: American conservatism descends from Burkean conservatism, but is hopped up on steroids and adrenaline. Three features set our conservatism apart from the British and continental kinds. First, the American Revolution. Because that war was fought partly on behalf of abstract liberal ideals and universal principles, the tradition that American conservatism seeks to preserve is liberal. Second, while Burkean conservatism puts a lot of emphasis on stable communities, America, as a nation of immigrants and pioneers, has always emphasized freedom, social mobility, the Horatio Alger myth—the idea that it is possible to transform your condition through hard work. Finally, American conservatives have been more unabashedly devoted to capitalism—and to entrepreneurialism and to business generally—than conservatives almost anywhere else. Perpetual dynamism and creative destruction are big parts of the American tradition that conservatism defends.

Mindar: In this paragraph, Brooks uses the word “liberal” as opposed to illiberal, not as the opposite of conservative. That’s an important point, because American conservatism is wrapped up tightly with the liberal beliefs of individual liberty, equality before the law, political equality and consent of the governed. MAGA Republicans have all but abandoned these principles, instead opting for a more illiberal philosophy that eschews the very values that prompted our forefathers to break away from the crown and strive to form a more perfect union.

Brooks: If you look at the American conservative tradition—which I would say begins with the capitalist part of Hamilton and the localist part of Jefferson; extends through the Whig Party and Abraham Lincoln to Theodore Roosevelt; continues with Eisenhower, Goldwater, and Reagan; and ends with Mitt Romney’s 2012 presidential campaign—you don’t see people trying to revert to some past glory. Rather, they are attracted to innovation and novelty, smitten with the excitement of new technologies—from Hamilton’s pro-growth industrial policy to Lincoln’s railroad legislation to Reagan’s “Star Wars” defense system.

Mindar: This is what I was talking about before. The Republican Party was once the party of ideas. But as Brooks points out, the linkage between Republicans and conservatism was broken after Mitt Romney’s run for the White House. Donald Trump’s campaign and presidency abandoned conservative principles even while claiming to be the heirs to the American conservative tradition. The fact of the matter is, even while claiming the conservative moniker, Republicans are in many ways, the polar opposite of what has been an American conservative tradition.

Brooks: American conservatism has always been in tension with itself. In its prime—the half century from 1964 to 2012—it was divided among libertarians, religious conservatives, small-town agrarians, urban neoconservatives, foreign-policy hawks, and so on. And for a time, this fractiousness seemed to work.

American conservatives were united, during this era, by their opposition to communism and socialism, to state planning and amoral technocracy. In those days I assumed that this vibrant, forward-looking conservatism was the future, and that the Enoch Powells of the world were the receding roar of a sick reaction. I was wrong. And I confess that I’ve come to wonder if the tension between “America” and “conservatism” is just too great. Maybe it’s impossible to hold together a movement that is both backward-looking and forward-looking, both in love with stability and addicted to change, both go-go materialist and morally rooted. Maybe the postwar American conservatism we all knew—a collection of intellectuals, activists, politicians, journalists, and others aligned with the Republican Party—was just a parenthesis in history, a parenthesis that is now closing.

Mindar: MAGA Republicans have jettisoned intellectuals and credible journalists from their coalition, leaving them with only activists and the politicians who are willing to cow to those activists in order to get re-elected. It is an incestuous relationship that guarantees a dearth of new (or good) ideas, but plenty of ideas that are cruel, illiberal, and destructive of democracy.

Brooks: Donald Trump is the near-opposite of the Burkean conservatism I’ve described here. How did a movement built on sympathy and wisdom lead to a man who possesses neither? How did a movement that put such importance on the moral formation of the individual end up elevating an unashamed moral degenerate? How did a movement built on an image of society as a complex organism give rise to the simplistic dichotomies of manipulative populism? How did a movement based on respect for the wisdom of the past end up with Trump’s authoritarian campaign boast “I alone can fix it,” perhaps the least conservative sentence it is possible to utter?

Mindar: All good and legitimate questions. Trumpism is in many ways the opposite of conservativism. So, why have so many former conservatives been willing to not only tolerate, but in many cases, embrace and advocate for Trumpism?

Brooks: The reasons conservatism devolved into Trumpism are many. First, race. Conservatism makes sense only when it is trying to preserve social conditions that are basically healthy. America’s racial arrangements are fundamentally unjust. To be conservative on racial matters is a moral crime. American conservatives never wrapped their mind around this. My beloved mentor, William F. Buckley Jr., made an ass of himself in his 1965 Cambridge debate against James Baldwin. By the time I worked at National Review, 20 years later, explicit racism was not evident in the office, but racial issues were generally overlooked and the GOP’s flirtation with racist dog whistles was casually tolerated. When you ignore a cancer, it tends to metastasize.

Mindar: It thrills me to no end to read Brooks words admitting that conservatives have never fully dealt with America’s sin of racism. The way that Republicans have traditionally addressed racism has never sat well with me, even when I was a straight-line voting Republican. Sadly, things have only gotten worse. In the early years of my involvement with the Republican Party, the racism was subtle and indirect. Today, Republicans are only all too happy to spew their racist hate openly and unapologetically. In this way, Republicans have been successful in taking us back to a time that may have been good for white males, but not so great for anyone else.

Brooks: Second, economics. Conservatism is essentially an explanation of how communities produce wisdom and virtue. During the late 20th century, both the left and the right valorized the liberated individual over the enmeshed community. On the right, that meant less Edmund Burke, more Milton Friedman. The right’s focus shifted from wisdom and ethics to self-interest and economic growth. As George F. Will noted in 1984, an imbalance emerged between the “political order’s meticulous concern for material well-being and its fastidious withdrawal from concern for the inner lives and moral character of citizens.” The purpose of the right became maximum individual freedom, and especially economic freedom, without much of a view of what that freedom was for, nor much concern for what held societies together.

Mindar: MAGA Republicans love to talk about freedom. But their freedom is an immature, juvenile freedom that knows neither responsibility nor obligation. It is the freedom of a four-year-old that wants what they want when they want it, and to hell with everyone else. The truth is, there is no freedom—not true freedom—without responsibility. Without responsibility, freedom becomes selfishness, chaos, a moral adolescence that rejects community in favor of the self-centered me. It is an un-American type of freedom that defies the values that built the country. And it is a freedom that rejects the most basic tenets of conservatism.

Brooks: But perhaps the biggest reason for conservatism’s decay into Trumpism was spiritual. The British and American strains of conservatism were built on a foundation of national confidence. If Britain was a tiny island nation that once bestrode the world, “nothing in all history had ever succeeded like America, and every American knew it,” as the historian Henry Steele Commager put it in 1950. For centuries, American and British conservatives were grateful to have inherited such glorious legacies, knew that there were sacred things to be preserved in each national tradition, and understood that social change had to unfold within the existing guardrails of what already was.

By 2016, that confidence was in tatters. Communities were falling apart, families were breaking up, America was fragmenting. Whole regions had been left behind, and many elite institutions had shifted sharply left and driven conservatives from their ranks. Social media had instigated a brutal war of all against all, social trust was cratering, and the leadership class was growing more isolated, imperious, and condescending. “Morning in America” had given way to “American carnage” and a sense of perpetual threat.

I wish I could say that what Trump represents has nothing to do with conservatism, rightly understood. But as we saw with Enoch Powell, a pessimistic shadow conservatism has always lurked in the darkness, haunting the more optimistic, confident one. The message this shadow conservatism conveys is the one that Trump successfully embraced in 2016: Evil outsiders are coming to get us. But in at least one way, Trumpism is truly anti-conservative. Both Burkean conservatism and Lockean liberalism were trying to find ways to gentle the human condition, to help society settle differences without resort to authoritarianism and violence. Trumpism is pre-Enlightenment. Trumpian authoritarianism doesn’t renounce holy war; it embraces holy war, assumes it is permanent, in fact seeks to make it so. In the Trumpian world, disputes are settled by raw power and intimidation. The Trumpian epistemology is to be anti-epistemology, to call into question the whole idea of truth, to utter whatever lie will help you get attention and power. Trumpism looks at the tender sentiments of sympathy as weakness. Might makes right.

Mindar: The party of “alernatve facts” has disconnected itself from reality. In it’s place, they have erected a world based on lies, and their adherents have tacitly agreed to accept those lies as truth. Their preferred TV outlet, Fox News, has paid out over $1 billion in lawsuits over the past year alone because of their incessant lying, yet they continue to push lies and half-truths to mollify their viewers and keep them uninformed and in the fold. Since 2016, MAGA Republicans have built an entire eco-system where up is down and black is white.

A MAGA friend of mine once told me that he lives in a red world. When I asked him to explain, he said that he only watches right-leaning news, only reads right-leaning newspapers, magazines, and websites, and only socializes with his fellow right-leaning MAGA friends. He lives in a silo and isn’t interested in having his mind changed. I found this so sad. Why would anyone intentionally subject themselves to such a limited view of the world. I don’t think he believed he was being lied to, but he had to know that he was restricting his information intake to such a degree that he was an easy mark to be lied to. To me, it seems like a horrible way to live. But I suspect he was happy living that way, ignorant to the truth, but comfortable in his ignorance.

Brooks: On the right, especially among the young, the populist and nationalist forces are rising. All of life is seen as an incessant class struggle between oligarchic elites and the common volk. History is a culture-war death match. Today’s mass-market, pre-Enlightenment authoritarianism is not grateful for the inherited order but sees menace pervading it: You’ve been cheated. The system is rigged against you. Good people are dupes. Conspiracists are trying to screw you. Expertise is bogus. Doom is just around the corner. I alone can save us.

What’s a Burkean conservative to do? A lot of my friends are trying to reclaim the GOP and make it a conservative party once again. I cheer them on. America needs two responsible parties. But I am skeptical that the GOP is going to be home to the kind of conservatism I admire anytime soon.

Mindar: The Republican Party is a mere shell of its former self. Sadly, it does not appear that this will change any time soon, if ever.

Brooks: Trumpian Republicanism plunders, degrades, and erodes institutions for the sake of personal aggrandizement. The Trumpian cause is held together by hatred of the Other. Because Trumpians live in a state of perpetual war, they need to continually invent existential foes—critical race theory, nongendered bathrooms, out-of-control immigration. They need to treat half the country, metropolitan America, as a moral cancer, and view the cultural and demographic changes of the past 50 years as an alien invasion. Yet pluralism is one of America’s oldest traditions; to conserve America, you have to love pluralism. As long as the warrior ethos dominates the GOP, brutality will be admired over benevolence, propaganda over discourse, confrontation over conservatism, dehumanization over dignity. A movement that has more affection for Viktor Orbán’s Hungary than for New York’s Central Park is neither conservative nor American. This is barren ground for anyone trying to plant Burkean seedlings.

I’m content, as my hero Isaiah Berlin put it, to plant myself instead on the rightward edge of the leftward tendency—in the more promising soil of the moderate wing of the Democratic Party. If its progressive wing sometimes seems to have learned nothing from the failures of government and to promote cultural stances that divide Americans, at least the party as a whole knows what year it is. In 1980, the core problem of the age was statism, in the form of communism abroad and sclerotic, dynamism-sapping bureaucracies at home. In 2021, the core threat is social decay. The danger we should be most concerned with lies in family and community breakdown, which leaves teenagers adrift and depressed, adults addicted and isolated. It lies in poisonous levels of social distrust, in deepening economic and persisting racial disparities that undermine the very goodness of America—in political tribalism that makes government impossible.

Mindar: While I agree with most of what Brooks has written in the preceding paragraphs, I can’t help but notice that he once again demonizes government writ large.  Naturally, there are government failures that can be pointed to, but that doesn’t mean that government is bad. We need to move away from this idea that only a small, barely effective government is the goal.

Government in the United States needs to be improved, not abandoned or shrunk beyond recognition. We are a large, sprawling, diverse country with a plethora of needs. It can be easy to say that “the church should solve that problem,” or “that challenge should be addressed by the local community.” The government—whether federal, state, or local—is the best positioned organization to handle most of the country’s needs, and we need to get over this idea that the government either shouldn’t or isn’t capable of improving the lives of its citizens.

Brooks: There is nothing intrinsically anti-government in Burkean conservatism. “It is perhaps marvelous that people who preach disdain for government can consider themselves the intellectual descendants of Burke, the author of a celebration of the state,” George F. Will once wrote. To reduce the economic chasm that separates class from class, to ease the financial anxiety that renders life unstable for many people, to support parenting so that children can grow up with more stability—these are the goals of a party committed to ameliorating, not exploiting, a growing sense of hopelessness and alienation, of vanishing opportunity. Daniel Patrick Moynihan’s brilliant dictum—which builds on a Burkean wisdom forged in a world of animosity and corrosive flux—has never been more worth heeding than it is now: The central conservative truth is that culture matters most; the central liberal truth is that politics can change culture.

Mindar: Yes, this is what I was just saying. Conservatism has morphed into an anti-government philosophy. But Burkean conservatism doesn’t preach an anti-government sermon. Sadly, today, those that call themselves conservatives are rarely conservative. If American conservatism isn’t dead, it is badly wounded, and it’s prognosis is quite grave.

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How Fascism Will Come

The following prose poem, “How Fascism Will Come,” was written in 2011 by Terry Ehret, an American poet, novelist, and teacher. In it, Ehret predicts a future that is dark, violent, and sadly, all too prescient.


How Fascism Will Come

“When fascism comes to America it will be wrapped in the flag and carrying a cross.” —attributed to Sinclair Lewis

When fascism comes, it will greet us with a smile. It will get down on its knees to pray. It will praise Main Street and Wall Street. It will cheer for the home team. It will clap from the bleachers when the uninsured are left to die on the street. It will rally on the Washington Mall. It will raise monuments to its heroes and weep for them and place bouquets at their stone feet and trace with their fingers the names engraved on the granite wall and go on sending soldiers to die in the mountains of Afghanistan, in the deserts of Iraq. It will send doves to pluck out the eyes of its enemies, having no hawks to spare.

When fascism comes, it will sit down for tea with the governor of Texas. It will pee in the mosques from California to Tennessee, chanting, “Wake up America, the enemy is here.” It will sing the anthems of corporatization, privatization, demonization, monopolization. It will be interviewed, lovingly, on talk radio. It’ll have talking points and a Facebook page and a disdain for big words or hard consonants. It won’t bother to read. It will shred all its books. It will lambast the teachers and outlaw the unions.

When fascism comes, it will look good. It will have big hair, pressed suits, lapel pins. It will control all the channels. It will ride in on Swift Boats. It will sit on the Supreme Court. It will court us with fear. It will woo us with hope. When fascism comes, it will sell shares of itself on the stock market. It will get rich, then it will get obscenely rich, then it will stop paying taxes. It will leave us in the dust. It will kick our ass. It won’t have to break a sweat to fool us twice. It will be too big to fail.

When fascism comes to America, it will enter on the winds of our silence and indifference and complacency. And on that day, one hundred thousand poets will gather. In book stores and libraries, bars and cafes, in their houses and apartments, in schools and on street corners, they will gather. In Albania, Bangladesh, Botswana, Bulgaria, Chile, China, Czech Republic, Finland, Guatemala, Hungary, Macedonia, Malawi, Qatar, crying, laughing, screaming. They will wrap the sad music of humanity in bits of word cloth and hang them, like prayers, on the tree of life.

–Terry Ehret

 

Author’s note: This was written for the 100 Thousand Poets for Change reading, September 23, 2011, Santa Rosa, California. The poem is woven with images and fragments of rants and blogs and online articles I found when I googled the Sinclair Lewis quote. These appear in italics.

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Saving the Court: Conclusion (Part 10)

This is part 10 of the Saving the Court series. I would encourage you to read previous posts, including


The Supreme Court is facing several issues that it must overcome in order to stay legitimate and credible in the minds of the American public. The problems start with a seemingly dysfunctional nomination and confirmation process that continues to escalate with no sign of slowing down. Democrats and Republicans are both to blame for the dysfunction, which threatens to expand outside the confirmation process and potentially impact the operation of the Court itself.

Justices are staying on the Court for increasingly long terms, resulting in more and more geriatric jurists who outstay their most productive years, staying on the Court into periods of, what one observer called, “mental decrepitude.” These longer and longer terms also lend themselves to an increasingly unbalanced Court that rules on cases with views and values that are no longer shared by a majority of the public.

Because of the imbalance on the Court, case decisions are seen as more and more partisan. Opinions seem pre-ordained, leading many in the public to view Justices as pushing a political agenda rather than impartially ruling on the cases before them.

The result of all of these factors is a Supreme Court that is increasingly viewed as illegitimate by the American public. The call has increased in recent years to reform the Court, and several reform proposals have been examined in this series. By combining a few of the proposals, I believe legitimacy of the Court in the eyes of the public can be restored and strengthened.

The proposals I would recommend are:

  1. Nomination & Confirmation Process – Clarify rules surrounding the confirmation process in the Senate focusing on timelines for hearings and uniformity in the process. By far, this is the most important and effective reform Congress can make to address the Court’s legitimacy crisis.
  2. Term Limits – Implement term limits of 18-years for Supreme Court Justices and guarantee that each President, regardless of party or Court size, will get a minimum of two appointments to the Court per term, to be made in odd numbered years.
  3. Supermajority Vote Requirement – Require a supermajority vote of 6-3 to invalidate any act of Congress or Executive order. This will help to restore a constitutional balance to the three branches of government, slightly moving some power back to the democratically accountable branches.
  4. Emergency Orders – Reform “shadow docket” procedures to provide more accountability of Justices, more guidance to lower courts and the government, and more transparency for the public.
  5. Judicial Ethics – Require that Supreme Court Justices follow a written code of conduct. This can be the existing code followed by lower federal court judges (The Judicial and Disability Act of 1980) or it can be a separate code of ethics created by either the Justices themselves or Congress.
  6. Transparency – Decisions of the Court should begin to be televised immediately After a suitable time to work out any bugs and address any concerns the Justices might have, Court proceedings, including oral arguments, should be televised. The work being done by the Supreme Court is important to all citizens, and they deserve to be able to watch the Court in action.

There’s one other reform proposal that I didn’t include in this list that tends to be the most popular. A majority of Americans support increasing the size of the court. Although it’s popular, it is a double edge sword. On the one hand, increasing the size of the Court—usually proposed as going from the current size of nine Justices to thirteen—would defeat the reactive right-wing nature of the current Court, which would help strengthen our democracy. Obviously, that’s a good thing. However, increasing the size of the Court would likely feel too contrived and political, which would almost certainly further deepen the Court’s legitimacy crisis, at least in the short run.

I have to admit that I don’t feel comfortable advocating for increasing the size of the Court. Like so many other Americans, I’m increasingly angered by both the Justices’ ethical lapses and the often partisan decisions reached by the Court. Changes need to be made. Even so, I’m very leery of doing anything that would make the Court even less legitimate in the eyes of the public than it already is. We can’t save the Court by destroying it’s legitimacy.

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Saving the Court: Other Proposed Reforms (Part 9)

This is part 9 of the Saving the Court series. I would encourage you to read previous posts, including

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Law Professors Daniel Epps (Washington University-St. Louis) and Ganesh Sitaraman (Vanderbilt University) offer two unique reform proposals that deal with the structure of the Court, and both would significantly change the way the Court operates. They are the Supreme Court Lottery and the Balanced Bench proposals.

The Supreme Court Lottery

Under the “Supreme Court Lottery” proposal, every judge on the federal court of appeals would also be appointed as an associate Justice of the Supreme Court. Justices would be appointed by lottery and would serve for a two-week period. The Justices would not relocate permanently to the Supreme Court, but would instead remain in their current location, returning to their home court when their work on the Supreme Court is completed.

“This approach would have significant benefits. First, it would de-politicize the appointments process. The lottery approach takes the Supreme Court out of the electoral and political realm. It would also mean that Court appointments would no longer be as significant an issue during elections, and that the future of the Court and of American public policy would no longer depend on random occurrences, such as the unexpected death of a Justice. This would also free up presidents and congresses to do the work of governing, instead of occasionally putting that work aside for Court appointments.”

Cases would be chosen blindly. During their two weeks of service, Justices would consider petitions for Supreme Court review, but because their term of service would be so short, Justices could not choose cases with an agenda in mind. Instead, a different slate of Justices would hear the selected cases. In addition, the Supreme Court lottery system would stymie activist lawyers from seeking out friendly Justices, since they would not know who would hear their case when it is filed.

Another feature of the Supreme Court Lottery is that “a 7-2 supermajority of the Court, rather than a simple majority, would be needed to overturn a federal statute.” In addition, if a lower court were to strike down a federal statute, the Supreme Court would be required to hear the case, and it would take a supermajority (7-2 vote) for the statute to be ruled unconstitutional, regardless of the lower court’s decision.

Epps and Sitaraman argue that their proposal can be implemented by statute, and a Constitutional amendment would not be necessary. The proposal would require that the size of the Supreme Court be increased to 180 Justices, and rules would need to be implemented for how the Court would hear cases, including rules for choosing Justices via the lottery. Justices would continue to serve lifetime appointments, contingent on good behavior, and current Justices would not lose their positions on the Court. Instead, they will simply be added to the lottery rolls along with the federal courts of appeal judges. The Chief Justice would remain in his role and would continue to carry out his statutory duties, including presiding over impeachment hearings, while being subject to the Court’s lottery system.

The Balanced Bench

The “Balanced Bench” proposal envisions a Supreme Court made up of ten Justices, five affiliated with the Republican Party and five with the Democratic Party. Those ten Justices would in turn select another five Justices chosen from the circuit courts (or possibly district courts). The five lower court Justices would have to be chosen unanimously (or by a supermajority) and would be chosen two years in advance to serve a one-year term. If the Justices were unable to select five lower court Justices unanimously (or by supermajority vote), the Court would lack a quorum and could not hear any cases that term.

One of the main motivations behind the balanced bench proposal, according to Epps and Sitaraman, is that it restores the notion that Supreme Court Justices are deciding questions of law and leaving their political preferences at the doorstep. Unlike today, when it is nothing more than a quaint notion that a Justice would vote against their party’s interests, there once was a time when Justices did just that, even in periods of serious political conflict.

As part of the balanced bench proposal, “[t]he permanent, partisan-affilitated Justices would have to agree on colleagues who have a reputation for fairness, independence, and centrism, and who have views that do not strictly track partisan affiliation: in short, the kind of judges who have a minimal chance of being appointed to the Supreme Court today.”

Discussion: I appreciate proposals that take a big swing at a perceived problem. Epps and Sitaraman’s Supreme Court lottery and balanced bench proposals certainly take big swings when it comes to addressing the legitimacy crisis the Court finds itself in.

Let me comment first on the balanced bench proposal. To my mind, it is the easier of the two to dismiss as unworkable.

The balanced bench proposal works in a similar fashion to the way arbitration works in civil cases, where each party chooses an arbitrator, and the arbitrators together choose a third arbitrator. With fewer people making the choice, this method works well. A concern I have with the balanced bench approach is that ten Justices must come together to unanimously (or with a supermajority vote) choose five additional Justices. In practice, this would be extremely challenging.

In addition, the penalty for not being able to agree on five lower court judges renders the Supreme Court impotent for an entire term. This is unrealistic and unworkable. The nation needs a functioning Supreme Court to decide the myriad important cases it routinely handles each year. Closing the Court for just one year could potentially have disastrous consequences.

Another flaw of the balanced bench proposal is that it presupposes that Republicans and Democrats will always be the two major political parties in the United States. As we know, this has not always been so, and there is no guarantee it will be that way into the future. It’s also likely that independents, Libertarians, and other minor parties would insist on recognition were the proposal ever to become law, making it even more unwieldy than it already is.

Perhaps the highest hurdle the balanced bench proposal would have to overcome is the constitutional issues surrounding having the ten Supreme Court Justices select five additional Justices. Article II, § II, Clause II (the Appointments Clause) of the United States Constitution gives the President the power to “nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

The Constitution does not empower Supreme Court Justices to appoint other Supreme Court Justices. On this point, Epps and Sitaraman’s proposal appears doomed. However, they argue that Justices from one court are currently allowed to sit on another court without raising constitutional issues. They point to Supreme Court Justices who occasionally sit on circuit courts of appeal, and circuit judges who sometimes sit on district courts. In each case, it is a higher court judge sitting on a lower court, not the other way around.

Epps and Sitaraman also point to the Foreign Intelligent Surveillance Act (FISA) court, where the Chief Justice of the Supreme Court designates judges to “hear applications for and grant orders approving electronic surveillance anywhere within the United States.” They argue that FISA Court judges are Article III judges, but they are not appointed to the court by the President.

Even so, Article II, § II, Clause II makes clear that only the President can appoint Justices to the Supreme Court. While some appointment power is delegable, the power to appoint Supreme Court Justices is not. I find Epps and Sitaraman’s argument on this point unpersuasive.

For me, the Supreme Court lottery proposal is more interesting, and I believe, more workable. To be sure, it would be a big change, having 180 or more Justices on the Supreme Court, although only nine would be working cases at any given time. The 7-2 supermajority vote requirement to invalidate federal legislation would also be a big change. I would welcome a supermajority vote requirement, although I would personally prefer a 6-3 requirement.

Just as with the balanced bench proposal, the Supreme Court lottery proposal has some potential constitutional challenges. For instance, the dual appointments and supermajority voting requirements would likely be challenged. However, unlike the balanced bench proposal, in both cases, I think those challenges could be overcome.

Having said that, I do not support the Supreme Court lottery proposal. The large number of Supreme Court Justices, the procedures needed to determine which Justices will hear which cases, the short duration of the terms, and to a lesser extent, the supermajority voting requirement, would tend to confuse the public, negatively impacting their view of the Court and further calling into question the Court’s legitimacy.

Epps and Sitaraman identify many of the same problems with the Court as I detailed in the introduction to this series. We agree that the problems create a legitimacy crisis for the Court, which, if left unaddressed, could lead the public and the political branches of the government to ignore the Court, not giving their decisions the attention nor deference, they deserve. Even so, the solutions Epps and Sitaraman offer—the Supreme Court lottery and the balanced bench—do not adequately address the crisis and could potentially make it worse.

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