It matters

Today the U.S. House of Representatives impeached the president of the United States.  Even though the chances are vanishingly small that the United States Senate will remove this president from office over these two articles of impeachment, that matters.

Read the Mueller Report.  Read the House Intelligence Committee report.  Read the House Judiciary Committee report.  Read the summaries of any of those documents.  Or just think about all the incredible stories of the goings on of the president ever since Donald Trump was sworn into office.  There is more than enough evidence for a clear-eyed observer to conclude that Trump has committed impeachable offenses…so many, and so blatantly, in fact, that to not impeach him would have been the grossest example of the House ignoring its responsibility to perform checks and balances of the Executive Branch.  Any president who had done what this one has done would deserve to be impeached, too, to be shamed and held up to the ridicule of history, and have the Senate vote to remove him or her from office for the good of the country.

But wait: the place is swarming with Republicans who say there is no proof that Trump did anything illegal, or even improper, or impeachable at all.  Many of them are actually screaming it, and then insisting Trump is the best president ever—not just better than Obama or Clinton or Bush (either one) but better than Washington or any of those other dudes.  It’s fascinating.

I get it that party loyalty is important, if you’re a member of a party, and I get that there are more members of Congress than I would like to admit who actually love what Trump is doing and won’t do anything to get in his way.  That includes so many who were seemingly appalled by Candidate Trump, who saw him as a threat to the country; now they have his back without question.

Why in the world are all these people so servile to Trump?  Why in the hell don’t these men and women, who in most other circumstances behave as though they are the highest expression of God’s own creation, act the part of members of Congress and assert their authority as a co-equal branch of the government?  They may be loyal to a president of their own party, or to the president of our country, but they don’t work for him and they aren’t there to do his bidding.  They may agree with the president’s policies and support his goals, but they have a responsibility to their constituents, and the Constitution, and to the rest of us, too, to be a restraint against a president who oversteps his bounds.  They have taken the art of deluding themselves to the zenith, and achieved a new nadir when it comes to supporting their party at any cost.  Hard to understand how they don’t see that their own reputations and honor and place in history are at risk, each and every one of them.

As troubling as it is…as confusing as it is…to see so many apparently intelligent and well-educated people publicly forsake the evidence of their own senses to support a president who has so clearly demonstrated his utter contempt for the rule of law and the oversight role of the Congress in American government, it’s even worse to see those among them who are abdicating their own part in this government, apparently without a fight.

The Constitution gives the House the responsibility to impeach a president or other government official, and the Senate the role of jury in a trial of the president presided over by the chief justice of the United States.  So how, in the name of all that’s right and moral and legal and American, can the man who leads the majority in the U.S. Senate say he will work with the White House counsel to arrange the details of the trial?  And do it like it’s no big deal?!  We know that the chances of the Senate convicting Trump are microscopic, but what are we supposed to think now about the fairness of this proceeding, or the honesty with which the senators will consider the evidence, when the jury foreman announced in advance that his team will work hand-in-hand with the defense lawyers?

If anything, Mitch McConnell should be coordinating trial details with the Democratic leader in the Senate.  On Monday came the news that Charles Schumer wrote to McConnell proposing a framework for the trial, including the names of a handful of witnesses who never testified to the House investigators, people he would like to hear from in the Senate trial.  McConnell dismissed the idea; he even said there would be no witnesses.  We can, and should, speculate about the reason for that stance; I think he’s worried that his members might not be able to countenance their support of Trump if they heard what Mick Mulvaney and John Bolton would say under oath.

Or is McConnell kidding himself when he thinks he’s going to be in charge? In Slate, Bruce Ackerman argues that the Senate can’t bar any witness, that it’s up to the House and the president—the prosecution and the defense—to decide those things.  And most importantly, that it will be the presiding judge—Chief Justice John Roberts—who will run the court.

Once John Roberts replaces Vice President Mike Pence as the Senate’s presiding officer, McConnell’s attempt to change the rules would generate a constitutional crisis. As I have noted, the rules explicitly give Roberts, and nobody else, the power to “direct all forms of the proceedings.” If McConnell tried to seize control, Roberts could refuse to allow the Senate to vote on his initiative, especially if McConnell proposed rule changes that were inconsistent with Roberts’ pledge “to do impartial justice.”

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The chief justice is a serious jurist, dedicated to sustaining the Supreme Court’s central position in our system of checks and balances. His impartial conduct of the trial is especially crucial in the aftermath of the blatant partisanship displayed by McConnell and the Senate during the confirmation battle over Brett Kavanaugh. With this episode vividly in the public mind, it is imperative for Roberts to demonstrate, by his actions, that he takes the Constitution seriously and is not merely serving as a pawn in McConnell’s scheme to guarantee an acquittal.

If the majority leader did make an effort to change the rules midstream, this would serve as Roberts’ moment of truth: Will he demonstrate to the tens of millions of viewers that he is determined to put the Constitution above bitter partisan conflict?

Given Roberts’ repeated efforts to sustain the court’s legitimacy in the past, there is every reason to expect him to stand his ground and refuse to allow McConnell’s motion to be considered on the floor. If McConnell continued to defy Roberts and insisted that his colleagues back him up, it seems highly unlikely that his fellow Republicans would provide him with the bare majority needed to provide appropriate window dressing for his attempted constitutional coup.

This week began with news that 750 historians believe Trump should be impeached, and that a Fox News poll found half the country thinks Trump should be impeached.  This poll also finds Trump would lose the popular vote in November to Biden, or Warren, or Sanders, or Buttigieg, or even Bloomberg.  But for me, the best part of that story was seeing the Fox & Friends contingent so thoroughly gobsmacked to have to learn that their own network’s poll had such bad news for their guy…it revealed at least a little of the subconscious understanding on their part that their company’s preferred role is pimping Trump rather than doing journalism.  Another interesting consideration was raised by Charles P. Pierce, who makes the case that the Republican Party is the only organization—anywhere—that has a chance to save the republic.

What if, I think to myself, what if the Republicans have a plan: what if they’ve lulled Trump in with their obsequiousness and shameless praise—the kind of stuff that Trump so clearly loves and encourages—and when it comes right down to a vote, what if they surprise the crap out of all of us and vote to remove him from office?  Can we rely on a sudden tsunami of personal conscience, or love of country, or just plain old fear for how they will be remembered by history, to save the day?  Maybe they will see just one too many examples of Trump’s childish temperament, like his unhinged letter to Nancy Pelosi yesterday, and decide they’ve had enough.

They could just finally get fed up with the president’s obstruction of justice, and obstruction of Congress.  Of them.  No other president I can think of has ever so publicly dissed Congress, and thumbed his nose at the law, as has this one.  (On this point, Trump may accurately claim to be the best in history.)  Congress has a right to ask for, and receive, cooperation from the Executive Branch in its investigations.  Though there are exceptions for withholding some information—executive privilege—the people who get Congressional subpoenas have a duty to honor them.  Maybe they refuse to answer questions when they get there, but they have a duty to answer the call of the Congress.  In ordering the people in his administration not to do so, Trump effectively said to Congress: uh, f*** you losers, make me if you can.  And yet, most of the Republican members of Congress still stand up for him, rather than stand up to him.  Go figure.

Anyhow, the House vote to impeach Trump is important.  It matters that we have members of Congress who are standing up to the bully, reminding him and us that abiding by the rules and laws and traditions of this country is expected.  The oath those members took was to defend the Constitution “against all enemies, foreign and domestic,” and they should be faithful to that promise.  And if Trump is not removed by the Senate, there are still options.  One is that the House could delay sending the impeachment to the Senate until senators agree to conduct a fair trial: this would keep McConnell from fixing the outcome of the trial while the House keeps the focus on Trump’s bad deeds, which could keep pressure on Republicans to abandon Trump as the Republicans of 1974 finally abandoned Richard Nixon.

Another option is pouring everything into defeating Trump at the polls in 2020.  This week a group of Republicans announced the Lincoln Project dedicated to defeating “Trump and Trumpism at the ballot box.”  The organizers wrote about their effort in the New York Times, and didn’t sugarcoat the fact that Trump is not the only name they are targeting for defeat:

Patriotism and the survival of our nation in the face of the crimes, corruption and corrosive nature of Donald Trump are a higher calling than mere politics. As Americans, we must stem the damage he and his followers are doing to the rule of law, the Constitution and the American character.

That’s why we are announcing the Lincoln Project, an effort to highlight our country’s story and values, and its people’s sacrifices and obligations. This effort transcends partisanship and is dedicated to nothing less than preservation of the principles that so many have fought for, on battlefields far from home and within their own communities.

This effort asks all Americans of all places, creeds and ways of life to join in the seminal task of our generation: restoring to this nation leadership and governance that respects the rule of law, recognizes the dignity of all people and defends the Constitution and American values at home and abroad.

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…national Republicans have done far worse than simply march along to Mr. Trump’s beat. Their defense of him is imbued with an ugliness, a meanness and a willingness to attack and slander those who have shed blood for our country, who have dedicated their lives and careers to its defense and its security, and whose job is to preserve the nation’s status as a beacon of hope.

Congressional Republicans have embraced and copied Mr. Trump’s cruelty and defended and even adopted his corruption. Mr. Trump and his enablers have abandoned conservatism and longstanding Republican principles and replaced it with Trumpism, an empty faith led by a bogus prophet.

(snip)

Mr. Trump and his fellow travelers daily undermine the proposition we as a people have a responsibility and an obligation to continually bend the arc of history toward justice. They mock our belief in America as something more meaningful than lines on a map.

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We look to [Abraham] Lincoln as our guide and inspiration. He understood the necessity of not just saving the Union, but also of knitting the nation back together spiritually as well as politically. But those wounds can be bound up only once the threat has been defeated. So, too, will our country have to knit itself back together after the scourge of Trumpism has been overcome.

A seemingly well organized effort, with some serious money already committed: Republicans out to convince other Republicans to fight Trump and those of their own party who enable him.  They expect that will mean Republican losses in the next election, but believe that to be preferable to another four years of Trumpism.  The polls indicate that most Americans agree, if not most Republicans.

Take no pride in the stars and bars

This should be an easy call for everyone: the battle flag of the Confederate States of America is a symbol of traitors who went to war against their own country with the primary goal of preserving their ability to buy and sell human beings as property.  I don’t understand why that flag has been treated with respect anywhere since the day Lee surrendered to Grant.

This was never an issue for me as a kid: either we lived in New York, Ohio or Minnesota where I don’t remember ever seeing the Stars and Bars displayed, or we lived in Alabama and Texas but I was too young to understand what the flag symbolized, or how often one would see it flying.  I admit, ashamedly, that once I was old enough to understand, I didn’t think much of it: so what if a neighboring high school was named after Robert E. Lee, and their mascot was the Rebels, and the Confederate battle flag was their flag.  It didn’t register for me, meant nothing.

The first time I experienced cognitive dissonance over the display of Confederate symbols was when I arrived at college, at The University of Texas at Austin, in the fall of 1975.  Suddenly there were a lot of places where people were very seriously, and very publicly, paying homage to the men who provoked a war with America over the issue of slavery.

Mostly for me, it was the statues. The South Mall, just beyond the plaza in front of the Main Building—the Texas Tower—features heroic statues of three icons of the Confederacy: CSA president Jefferson Davis, and army generals Robert E. Lee and Albert S. Johnston (plus CSA postmaster general John Reagan).  They were put 3371952120_246b01a6ed_zthere in the early 20th century, along with a statue of President Woodrow Wilson and one of former Texas Governor James Hogg, in conjunction with the Littlefield Fountain, all envisioned as a grand entry to the university and a memorial for the university students who died in World War I, which in the sculptor’s view was the beginning of real healing after the Civil War since it was the first time Americans from all across the country started to act as citizens of the same country again.  There was also supposed to be a statue of George Washington that didn’t get finished in time due to finances, and it was later placed nearby.  (A good short history of the UT statues is here, in a recent article in the Austin Chronicle.)

You put up a statue of someone, you’re honoring them and what they did and stood for in their lives.  For me, one day on the South Mall, I finally thought, why the hell is my university honoring traitors?  Racist traitors?  Why do we in Texas name streets and schools and public buildings after these people?  The fountain nearby (pictured) has an inscription memorializing those who died in WWI, and a second inscription recognizing another conflict:

To the men and women of the Confederacy, who fought with valor and suffered with fortitude that states’ rights be maintained and who, not dismayed by defeat nor discouraged by misrule, builded from the ruins of a devastating war a greater South and to the men and women of the nation who gave of their possessions and of their lives [so] that free government be made secure to the peoples of the earth this memorial is dedicated.

Just a few more blocks to the south, on the grounds of the state capital, there’s a Confederate Soldiers Monument, and another to the 8th Texas Cavalry known as Terry’s Texas Rangers.  What the f***?

The shooting deaths of nine people in a Charleston church last week, by a young man who used the Confederate battle flag as part of his symbology of white supremacy, has sparked (seemingly from out of nowhere) a lot of discussion about the propriety of governmental display of these symbols of racism , and caused me to consider the issue.  Let me be clear about my position.

I’m not saying that all the Confederate flags and all the statues of all the Confederate “statesmen” and generals, and all the memorials to the Confederate soldiers, should be banned or removed or destroyed.  I’m not suggesting we pretend that the Civil War didn’t happen; we need museums and displays that can tell the story in context.

I am saying, those people were wrong to enslave their fellow men and women and children, and they were wrong to try to secede from the United States so they could continue to do so; they lost the war they started, which cost their part of the country most dearly in lives and treasure.  And we as a people, as a nation, as state institutions, should not be seeming to honor them and their actions by displaying their flag.  As individuals, you or I can fly any flag we choose, for whatever reason; but there is no reason I can think of that any government entity in the United States should make any prideful display of the symbols of a failed racist rebellion.

And let’s be clear about the motives: the states of the Confederacy fought that war to protect their ability to engage in human slavery. Ta-Nahesi Coates has the goods in a recent article in The Atlantic.

The Confederate flag is directly tied to the Confederate cause, and the Confederate cause was white supremacy. This claim is not the result of revisionism. It does not require reading between the lines. It is the plain meaning of the words of those who bore the Confederate flag across history. These words must never be forgotten. Over the next few months the word “heritage” will be repeatedly invoked. It would be derelict to not examine the exact contents of that heritage.

And examine it he does, using the words of the secessionists to deny any modern-day claim that the Confederacy was not about preserving slavery. 

  • South Carolina: “…A geographical line has been drawn across the Union, and all the States north of that line have united in the election of a man to the high office of President of the United States, whose opinions and purposes are hostile to slavery. He is to be entrusted with the administration of the common Government, because he has declared that that “Government cannot endure permanently half slave, half free,” and that the public mind must rest in the belief that slavery is in the course of ultimate extinction. This sectional combination for the submersion of the Constitution, has been aided in some of the States by elevating to citizenship, persons who, by the supreme law of the land, are incapable of becoming citizens; and their votes have been used to inaugurate a new policy, hostile to the South, and destructive of its beliefs and safety.”
  • Mississippi: “Our position is thoroughly identified with the institution of slavery—the greatest material interest of the world. Its labor supplies the product which constitutes by far the largest and most important portions of commerce of the earth. These products are peculiar to the climate verging on the tropical regions, and by an imperious law of nature, none but the black race can bear exposure to the tropical sun. These products have become necessities of the world, and a blow at slavery is a blow at commerce and civilization. That blow has been long aimed at the institution, and was at the point of reaching its consummation. There was no choice left us but submission to the mandates of abolition, or a dissolution of the Union, whose principles had been subverted to work out our ruin…”
  • Louisiana: “As a separate republic, Louisiana remembers too well the whisperings of European diplomacy for the abolition of slavery in the times of an­nexation not to be apprehensive of bolder demonstrations from the same quarter and the North in this country. The people of the slave holding States are bound together by the same necessity and determination to preserve African slavery.”
  • Texas: “…in this free government all white men are and of right ought to be entitled to equal civil and political rights; that the servitude of the African race, as existing in these States, is mutually beneficial to both bond and free, and is abundantly authorized and justified by the experience of mankind, and the revealed will of the Almighty Creator, as recognized by all Christian nations; while the destruction of the existing relations between the two races, as advocated by our sectional enemies, would bring inevitable calamities upon both and desolation upon the fifteen slave-holding states….”

You get the idea.  Civil War documentarian Ken Burns backs up the argument; South Carolina state senator Paul Thurmond, son of famous racist and Dixiecrat presidential candidate Strom Thurmond, says the “heritage” some claim to be glorifying is nothing to be proud of.

All the talk of “state’s rights” is just polish on the pig: the right that the Confederate States of America was trying to protect was the right to own other human beings.  Their agricultural economy depended on free labor in the fields and in the master’s house.  Those people fought a war to maintain slavery in this country; that’s not worthy of our respect, and neither is their flag.

Happy traditional American holiday season observance

OK, you’ve finally convinced me.  Things were never better than when things were the way they were, back in the good old days when everyone believed in the Constitution and Americans weren’t afraid of their religious heritage; you know, back in the generation of the Founding Fathers and after that, when America was the way God meant it to be:

Not a single state in the Union closed its offices for Christmas on December 25 in 1834. [Abraham] Lincoln marked his first Christmas as President, in December 1861, by holding a Cabinet meeting in the morning and a dinner party in the evening. The Lincoln family never had a White House tree and sent no Christmas cards.

Nobody was much shocked by these omissions.

The public Christmas as Americans know it today did not take form until late in the 19th century. George Washington issued a proclamation on Thanksgiving, but he never made any statement about Christmas (or Easter for that matter). The first state to recognize Christmas as a holiday was Alabama, in 1836, but the North and especially New England resisted. Not until 1856 did Massachusetts accept Christmas as a holiday. The federal government took until 1870 to follow.

David Frum writes that the American attitude about Christmas “back in the day” was one that I think we should learn from.  First, he argues that Americans back then absolutely insisted on keeping church separated from state because of how much they cared about their religions, because they didn’t want government favoring one religion over another: “Better to deliver the mail on Sunday than debate who was right about the Sabbath. Better to issue no religious proclamations than let presidents pick and choose which holy days to mark and how to mark them.”

A second fact also explains the coolness of the early national government to Christianity: the keen awareness of many 19th century Christians of the non-Christian origins of many Christmas traditions.

Christmas is celebrated near the date of the old Roman holiday of Saturnalia. Gift-giving on the day was also a Roman tradition. The Christmas tree, the hanging of wreaths and house-to-house caroling hark back to the pre-Christian German holiday of Yule.

Calvinists had abandoned their outright ban on Christmas observance on the late 17th century. But many Protestant denominations retained a lingering suspicion of the holiday until deep into the 19th century.

Fox News and its co-conspirators can rattle on all they want to about taking Christ out of Christmas and about the terrible secularization of the season, even while filling the rest of the day with ad after ad after insidious Christmas sale ad, but they’re missing (or ignoring) an important point.  That is, the Christmas they claim to be defending is not the Christmas of the birth of Jesus.

It is the Christmas of folkway that is the Christmas so passionately defended by those who talk about “the war on Christmas.”

The Christmas of Santa and Rudolph, and trees and stockings, and candy canes and “Merry Christmas” greetings began to be most publicly celebrated in the United States only after — and only because — the religious impetus for the holiday had already dwindled away.

I wish I’d written this

“Religious liberty—the freedom to worship as one chooses, or not to worship—is a central element of the American creed.”  And from there “Newsweek” editor Jon Meacham’s column in this week’s issue lays out the argument—straight down the middle—that the separation of church and state is there for the benefit of both:

The civil and legal cases against religious coercion are well known: human freedom extends to one’s conscience, and by abolishing religious tests for office or mandated observances, Americans have successfully created a climate—a free market, if you will—in which religion can take its stand in the culture and in the country without particular help or harm from the government.

There is a religious case against state involvement with matters of faith, too. Long before Thomas Jefferson, Roger Williams, the founder of Rhode Island, called for a "hedge or wall of separation between the garden of the church and the wilderness of the world," believing, with the Psalmist, that human beings were not to put their trust in princes. The principalities and powers of a fallen world represented and still represent a corrupting threat to religion: too many rulers have used faith to justify and excuse all manner of evil.

Meacham lines up George Washington, John Adams and Thomas Jefferson on the side of the angels in making the case against calling the United States a Christian nation, but a nation where all are free to believe (or not) as they choose.  I know this irks many who see it their duty to evangelize or who misunderstand our history, but that makes it no less true.

Yes, many of the Founders were believing, observant Christians. But to think of them as apostles in knee breeches or as passionate evangelicals is a profound misreading of the past. In many ways their most wondrous legacy was creating the foundations of a culture of religious diversity in which the secular and the religious could live in harmony

As Americans we each have the right to practice a faith of our choosing; why isn’t that good enough?