Barbara Lee, hero

Glenn Greenwald has an astute piece today on the 2001 authorization to use force that Congress passed in the immediate aftermath of the 9/11 attacks. As he notes, the AUMF is currently being revisited, but largely for the purposes of expanding the executive’s authority to wage war.

Greenwald goes on to recount the, well, “criticism” would be putting it mildly, that Rep. Barbara Lee received as the lone vote against the AUMF in 2001.

To say that Lee was vilified for her warnings is a serious understatement. She was deluged with so many death threats that she was given around-the-clock police protection. The Washington Times printed an Op-Ed by Herbert Romerstein declaring that “Ms. Lee is a long-practicing supporter of America’s enemies – from Fidel Castro on down.” On NPR, Juan Williams compared her to Jerry Falwell and said they both “stand out in a nation where President Bush, who did not win the popular vote, now has the support of 82 percent of Americans.” National Review approvingly cited David Horowitz’s denunciation that “Barbara Lee is not an anti-war activist, she is an anti-American communist who supports America’s enemies and has actively collaborated with them in their war against America.” Michelle Malkin labelled her “treacherous” and also quoted Horowitz’s attack.

As it happens, Barbara Lee was my representative at that time–my wife and I were living in Berkeley, California, in 2001. And I, like most other Americans (though maybe not most Berkeleyites), disagreed with Rep. Lee’s vote against the AUMF. I even wrote to her office–a civil letter, I emphasize–criticizing her for her vote. In my mind, she was standing against bringing the perpetrators of 9/11 to justice.

I got off the “war on terror” bandwagon once it became clear that the Bush administration intended to expand it to Iraq, some time in 2002. And in retrospect, Rep. Lee seems a lot more prescient than her colleagues in foreseeing the consequences of giving the executive branch a blank check to wage war. (I wrote a blog post to this effect a few years back.)

I don’t know if it would’ve ultimately made any difference if the AUMF hadn’t passed, or if it had passed in a different form. Would that have prevented the wars in Afghanistan and Iraq? It seems unlikely to me given the confluence of the public’s (justified) anger over 9/11 and the preexisting foreign policy designs of key players in the Bush administration.

But if nothing else, Barbara Lee’s example highlights how readily Congress has abdicated its role in overseeing the conduct of foreign policy in the post-9/11 era. (Of course, the roots of this problem go back much further.) We need more Barbara Lees–people who are willing to question the rush to war and our willingness to hand over power to the president in the name of “keeping us safe.”

Boston

The “what” and the “how” are awful, and no one seems to know much about the “who” and “why” at this point. Of course, that hasn’t stopped people from speculating. I recommend this post from Jesse Walker at Reason as an antidote to some of that.

I lived in the Boston area (Somerville to be exact) for about a year, and both my work and my church home were in the city. It will always have a special place in my heart. My thoughts and prayers are with everyone affected, and my hope is that, whatever the origin of this event turns out to be, we’ll respond in a sane way.

“Sexual complementarity”–important but not essential

The main “philosophical” argument against same-sex marriage/marriage equality seems to be that it denies that “sexual complementarity” is at the core of what marriage is.

Some versions of this argument take what I think is an implausible view of the metaphysical status of what they call the “conjugal union” of a man and woman, but that aside, I’m prepared to agree that there is a strong connection between marriage, sexual difference, and procreation. That is, a large part of the reason why marriage exists in the first place is because when men and women have sex, they sometimes produce babies. And society has an interest in ensuring that children enter the world and are raised in a relatively stable context. So in that sense, SSM opponents are right that there is a strong link between sexual difference, procreation, and the purpose of marriage.

So, let’s concede that the coupling of a man and a woman, with offspring to follow, is the “typical” instance of a marriage. I’m even willing to call it the “central” instance if you like. What doesn’t follow from this fact is that marriage can’t be extended “by analogy,” so to speak, to cover other instances that resemble but also differ from this typical one. And of course this is already the case. Couples who can’t or don’t choose to have kids are just as married as couples who do–and no one blinks at this. This doesn’t mean that “man-woman-kid(s)” isn’t still the characteristic form marriage tends to take; it just recognizes that not everyone’s circumstances are the same and that marriage performs functions that are important even without the presence of children. (My wife and I were just as married during the decade prior to having children as we are now.)

Similarly, then, with SSM. It represents another analogical extension of marriage to cover people who depart in some respects from the typical form. People who want the monogamy, fidelity, and permanence of marriage, but whose chosen partner is a member of the same sex, can comfortably fit under the broad umbrella of marriage. This doesn’t require us to deny that there is an important link between marriage and procreation, but rather to recognize that marriage serves multiple ends–not all of which will necessarily be realized in every relationship.

Anti-SSM activists, such as those profiled in today’s New York Times, argue that if we stop enforcing the “norm” of sexual complementarity, we will also undermine the norms of fidelity, monogamy, and permanence. Adam Serwer pointed out that this is an odd argument since these are the values that movement for marriage equality is trying to uphold. But it also strikes me as a kind of category mistake. Heterosexuals aren’t going to stop being attracted to members of the opposite sex because gay people can get married. This isn’t a “norm” that needs to be enforced.* It’s a reality that needs to be recognized and accommodated. But then so is homosexuality. The question is whether marriage is big enough to include both straight and gay couples who want to make lives together–lives that will in many, if not most, cases include the raising of children. I think it is.

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*I think it’s worth noting that there’s a case to be made that same-sex marriage could actually strengthen “opposite-sex” marriage, though not necessarily in ways that would make traditionalists happy. Consider this from theologian/biblical scholar L. William Countryman: “Spouses in heterosexual marriages will have much to learn . . . from partners in stable, long-term homosexual relationships. They have long experienced the difficulties of maintaining enduring relationships in a society which is even less supportive of them than of heterosexual couples; and they have had to do it without socially prescribed divisions of roles and labor. . . . On a deeper level, the re-understanding of womanliness and manliness in our changed circumstances will make headway only if the conversation leading toward it includes both heterosexuals and homosexuals” (Countryman, Dirt, Greed, and Sex, p. 260).

Everybody please stop focusing on “drones”

Whatever you think of Senator Rand Paul’s filibuster of John Brennan, President Obama’s nominee to head the C.I.A., one thing it doesn’t seem to have accomplished is to get people to focus on the president’s authority to kill people he designates as threats. This, rather than the use of “drones” per se, is the real issue–the one that needs serious debate and critical examination. Drones are just one means by which the president can order people on the “kill-list” to be dispatched. From a rule-of-law or civil-liberties perspective, it’s irrelevant if he uses a drone–rather than a missile, or a ninja, or whatever–to do this.

Confusion on this point allows defenders of so-called targeted killing to pose as humanitarians. They point out, not without justification, that unmanned drones can be more precise and kill fewer bystanders than other forms of aerial warfare. But this point–while not unimportant–obscures the issue that clear-headed critics of the program have been harping on. That issue is ordering the killing of people–whether U.S. citizens or not–without anything resembling due process as traditionally understood, and with a great deal of secrecy and with little by way of transparency or accountability. This power, rather than the use of a particular technology, is what should really worry us and is what we need to be debating.

Four more years

I didn’t even watch the inaugural festivities live on TV, much less attend them in person. But I did catch the president’s speech in re-runs, and like many others I thought it provided a persuasive articulation of his brand of pragmatic progressivism. It’s not a creed I fully share, but in terms of current American political possibilities, it certainly beats the alternatives. Four more years!

Negative liberty, positive liberty, and the second American revolution

In the afterword to his magisterial Battle Cry of Freedom (which I finished reading over Christmas), historian James McPherson says that the Civil War was a turning point between two different understandings of liberty. He distinguishes them using the terms made famous by Isaiah Berlin: “negative” liberty and “positive” liberty. Roughly, negative liberty is freedom from external interference–the “right to be left alone.” So understood, freedom is essentially opposite to government power: the stronger the government, the less freedom. The American Revolution was arguably a battle for negative liberty in that the colonies were seeking freedom from English domination and that the resulting government was one of sharply limited powers.

By contrast, positive liberty is having the actual capability to do something you want. Freedom in this sense is not inherently opposed to power, but in fact requires a strong government. Freeing slaves, to take the most salient example, required a dramatic increase in federal power.

McPherson contends that, after the Civil War, positive liberty became the dominant American understanding of freedom. He points out that the first ten amendments to the Constitution–the Bill of Rights–were essentially a series of “thou shalt nots” directed at the federal government intended to limit its power; but the post-Civil War amendments (the 13th, 14th, and 15th) established that the federal government did have the power to enforce the equal civil rights and freedoms of citizens. This created a much wider scope for government activity to ensure equal effective freedom.

McPherson observes that the “libertarians and southern conservatives of the 1980s and 1990s who wanted to revive the exclusively negative form of liberty that prevailed before the Civil War were right to make Lincoln a target of their intellectual artillery.”

Unlike these one-dimensional philosophers of negative liberty, however, Lincoln understood that secession and war had launched a revolution that changed America forever. Eternal vigilance against the tyrannical power of government remains the price of our negative liberties, to be sure. But it is equally true that the instruments of government power remain necessary to defend the equal justice under law of positive liberty. (p. 867)

This, of course, is also the view of American liberalism–the liberalism of F.D.R. and L.B.J. and the modern Democratic Party. When conservatives invoke freedom they usually intend to restrict it to negative liberty in McPherson’s sense (although even this commitment is often more honored in the breach than the observance). Freedom from taxes, from regulation, from restrictions on gun ownership, etc. are all framed as negative freedoms. Liberals maintain, though, that government power is necessary to ensure a degree of positive freedom sufficient for people to lead flourishing lives. This is the theoretical basis for the social welfare state and government regulations on nominally private activity, such as pollution. Lincoln may not have been a “liberal” in the modern sense, but there’s a relatively straight line from his political philosophy to New Deal-Great Society liberalism.

Disturbingly, though, the increase in positive liberty often seems to go hand-in-hand with a diminution in negative liberty. We only need to recall Lincoln’s suspension of habeas corpus, F.D.R.’s internment camps, or Obama’s “kill list.” That’s the legitimate insight of the libertarians (and their left-wing cousins the anarchists)–that it’s hard to establish a firewall that confines government power to good purposes. So you end up with an expanded welfare state and civil liberties violations and overseas wars. That doesn’t mean that a free, peaceful, and social democratic society is impossible (the Scandinavian countries seem to pull if off fairly successfully); but it may be a risk inherent in the project.

The incoherence of conservative economics

First Things‘ R.R. Reno and The American Conservative‘s Scott Galupo both have recent posts that grapple intelligently with the problems of the G.O.P’s economic message. They’re responding in part to Mitt Romney’s post-election diagnosis that President Obama won because he offered “gifts” to voters.

Here’s Reno:

What today’s Republican Party can’t seem to get its mind around is that globalization has disoriented and disadvantaged large portions of American society, just as industrialization did more than one hundred years ago. Democrats aren’t “creating dependency” by inventing social programs, they’re responding to the social reality in the way progressives have for more than a century. I’m not in favor of the progressive approach, but the fantasy that politics is simply about everybody getting the best deal for themselves is absurd. We have an instinct for solidarity, not just self interest.

And Scott Galupo:

Strong national government and federal supremacy have been with us since the Lincoln administration, but you can see its root system in the Adams administration. Michael Lind has been an essential source for the “developmental economic” history of the Unites States. If I can sum his work in one sentence, I would put it like this: The story of America, from Hamilton to Lincoln to the New Deal to World II, has been one of state-promoted — not state-run — industrial capitalism and American Dream-ism. The “neoliberal” adjustments of the 1970s and the Reagan-Clinton era did not replace this system, but rather enmeshed it in the lean-and-mean world of global finance and multinational corporations.

Obama’s mission, as he sees it (or as I think he sees it), is to try to revive the high middle-class living standards of the mid-20th-century in this neoliberal world. “Advanced manufacturing,” new infrastructure, high-tech energy, and higher education are the key components of Obama’s vision of re-industrialization. Republicans have reacted to Obamanomics as if 1) it is akin to socialism or European social democracy; and 2) they do not practice a similar brand of state-promoted capitalism themselves (military-industrial complex, anyone?).

Neither writer, both being on “the Right” broadly speaking, is enthusiastic about the economic program of the Democratic Party, but they both agree that a political party should have an economic program–one that responds to the actual needs of voters. As Matt Yglesias put it, the G.O.P. could stand to learn from Obama’s “make people’s lives better” strategy.

It has always seemed to me that there’s a basic incoherence in the message of economic conservatism. If you free up the market–cut regulation, increase foreign trade, etc.–then you are inherently exposing certain people to more economic risk. Now, this may be justifiable on the grounds that it increases the overall wealth of society. But if you simultaneously argue for slashing the welfare state and public services, then what happens to the “losers” whose economic fortunes are worsened by the market’s “creative destruction”? A cynical view of the matter–and one with some truth to it, I think–is that this is a feature, not a bug of the conservative economic worldview. That is, the whole point is to reduce the power of the middle and lower classes relative to the rich.

But assuming charitably that conservatives are interested in increasing everybody’s well-being, a more coherent approach might be a “Nordic“-style model that combines a liberalized market with a universal safety net and robust public services. This model upholds the values of economic freedom that conservatives claim to cherish, but also recognizes that government action is needed to blunt the sharper edges of the market and ensure universal access to basic goods. However, given its reliance on high levels of taxes and public spending (not to mention its–ew!–European-ness),  I have a hard time seeing such a vision catching on among American conservatives.

Election 2012: A victory for Christian values

Some religious conservatives have been near-apocalyptic in their predictions of a second Obama term, insisting that he’s leading the country away from Christian principles and down the road to perdition. But from my perspective, last night’s election was a triumph (albeit a partial one) for Christian values.

–In rejecting the Romney-Ryan plan to dismantle the welfare state and repeal Obamacare, voters reaffirmed the principle that the government has an indispensable role in caring for the most vulnerable members of society and ensuring universal access for basic goods necessary to a flourishing life.

–Victories for marriage equality in Maine, Maryland, Minnesota, and, hopefully, the state of Washington suggest that Americans are coming around to the idea that all God’s children deserve equal rights and respect.

–The “Maryland Dream Act” will allow undocumented immigrant students to pay in-state tuition at state colleges and universities and access financial aid,  upholding the principle of “welcoming the alien and the stranger.”

–Although it barely rated a mention during the campaign, a second term for Obama opens the possibility for meaningful action on climate change, an urgent part of our calling to care for God’s creation (not to mention our survival as a species).

–President Obama has reaffirmed that we’re in this together and that we are each other’s keeper, in contrast to the rhetoric of economic individualism from the Right.

I admit this is a partial and somewhat one-sided list. The election didn’t allow for a dramatic choice against a hyper-militarized foreign policy, for instance. And religious conservatives would likely take issue with how I’ve characterized these election outcomes. But as far as I’m concerned, care and respect for the vulnerable fellow citizen, the immigrant, and the earth are core Christian values, and they gained some significant headway last night.

Drones aren’t the (only) problem

Arni Zachariassen has a good post responding to Jack Hunter’s article at The American Conservative on why pro-lifers should oppose drone strikes. Arni points out that drones are more precise and kill fewer innocent people than conventional war, so unless you’re a pacifist, simply opposing drones on “pro-life” grounds doesn’t wash. If, on the other hand, you think that the use of lethal force is sometimes justified in self-defense, it’s hard to see why the use of drones is categorically wrong.

I think getting clear on this is helpful because focusing on the drones as such tends to distract from bigger institutional problems with the program. Chief among these in my mind are the lack of transparency and accountability inherent in the process used to decide who’s going to be on the business end of a drone. The fact that the targets on the “kill list” are dispatched by drones is less morally troubling than the list itself. Moreover, as National Review‘s (!) Ramesh Ponnuru argued yesterday, it’s far from clear to what extent drone strikes are killing civilians, and the secrecy of the program makes it difficult, if not impossible, to make an informed moral judgment.

More broadly, as C.K. MacLeod recently reminded us, the drone war is rooted in the 2001 authorization to use military force, which effectively gave the president (whoever he or she happens to be) a blank cheque to use any means at his or her disposal to pursue al-Qaeda and any other terrorist groups. This incredibly broad authority makes something like the kill-list/drone program virtually inevitable and is part and parcel of the ongoing militarization of America.

Reversing this trend would be a much bigger task than eliminating a particular technology. Our reliance on military means to solve problems is far more pervasive and entrenched than that. And it’s not going to change any time soon, no matter who wins today’s election.

For election day–music to vote to