Tag Archives: Rules

The Norms of Society and Presidential Executive Orders UPDATE

A brief update: This morning, Senate Republicans set aside the rules that say that both parties must be present, with at least one member, for a committee vote to advance a Presidential nominee for a cabinet appointment.

In other words, as outlined below, our system is based not only on enforceable laws but also on rules that only work if everyone involves agrees to not be the bully on the playground who ignores the rules. The Republicans are the bully on the playground.

The system requires honest actor playing by agreed on rules. So, without the honest actor, you get this. This fits perfectly with Trump’s overall approach.

Democracy is not threatened by this sort of thing. Democracy was tossed out the window a while back when this sort of thing became possible, and normal. Whatever we see now that looks like democracy is vestigial.

Original Post:

The title of this post is based closely on the title of a statement posted by my friend Stephan Lewandowsky, representing the Psychonomic Society.

The post is the official statement by this scientific society responding to President Trump’s recent activities, and it begins,

Last Friday was Holocaust Memorial Day, which falls on the day of the liberation of the Auschwitz Death Camp by Soviet troops in 1945. U.S. President Trump marked the occasion with a statement, although it omitted any specific mention of the 6 million Jews who perished in the Holocaust.

On the same day, Trump also signed an executive order that banned citizens of 7 mainly Islamic countries from entering the United States.

This order—at least initially—also applied to legal permanent residents of the U.S. (“Green card” holders), thus barring them from re-entry to their country of residence after a visit abroad, as well as to dual nationals if one of their citizenships is from one of those 7 countries.

I’m going to use this as a starting point to discuss the most important thing you need to know about the situation in the United States right now.

You know most resources are limited. We can cook along ignoring this for long periods of time, ignoring a particular resource’s limitations, until one day something goes awry and that particular resource suddenly matters more and of it, we have less. So a competitive framework develops and then things happen.

It is the business of the rich and powerful to manipulate the world around them in such a way that when such a limitation occurs, they profit. Candidate Trump mentioned this a while back. A housing crisis is a good thing for a real estate developer. This is not because it is inherently good; a housing crisis can put a real estate developer out of business. But the developer who is positioned to exploit such a crisis, or any kind of economic or resource crisis, is in a good position when thing go badly for everyone else.

One of the long term goals of many powerful entities is to maintain working classes, or other lower classes of servitude, in order to have cheap labor and a market. This has been done in many ways, in many places, at many times. Much of our social history is about this. Many wars have been fought over this, and many social, cultural, and economic revolutions have occurred because of this.

And every now and then, a holocaust happens because of this. This is, in part, because of what I’ll term as Mischa’s Law. Mischa Penn is a friend and colleague who has studied race and racism across all its manifestations as represented in literature, but focusing on the Nazi Holocaust and the holocaust of Native Americans. Mishca’s Law is hard to understand, difficult to believe, enrages many when they hear it, and is often set aside as lunatic raving. Unless, of course, you take Mischa’s class on race and racism, get a few weeks into it, know enough about it. Then, he gives you the thing, the thing I call “Mischa’s Law” (he doesn’t call it that) and you go, “Oh, wait, of course, that’s totally true.” And then you get really depressed for a while, hate Mischa for a while, hate his class. Then, later, ten years later, a life time after you’ve taken the class, and you’ve graduated and moved on to other things, Misha’s Law is the only thing you remember from all the classes you took at the U, and you still know it is true.

The fundamentals are always in place for Mischa’s Law to take effect. Competition, limited resources, different social classes or groups, a limited number of individuals in power, etc. But we, in America, have lived in a society where checks and balances kept one ideology (including, sadly, my own!) from taking over for very long, and there is a certain amount of redistribution of wealth and power.

But over recent years, the rich and powerful have convinced the working class that the main way we distribute wealth, through taxes, is a bad thing, so that’s mostly over. Social welfare has become a dirty word. The rich are richer, the powerful more powerful, and those with little power now have almost no power at all. But we still had a governmental system of checks and balances, so that was good.

But then the system of checks and balances got broken. In fact, the entire system of government got broken. Did you notice this? What happened is, about half the elected officials in government stopped doing the number one thing they were supposed to do, and this ruined everything.

What was that one thing? This: play by the rules.

Playing by the rules requires both knowing the rules and then making an honest attempt to respect them. Not knowing the rules is widespread in our society. I’m sure the elected officials know the rules they are breaking, but increasingly, I think, the average person who votes for them has no clue what the rules are or how important it is that they be observed.

Imagine the following situation. You go to baseball games regularly, to see your team play. Let’s make this slightly more realistic and assume this is a Little League team.

One day a big scary kid who is a bully gets up to bat. The pitcher winds up, throws the ball. Strike one. It happens again. Strike two. One more time. Strike three.

But instead of leaving the batter’s box, the big bully kid says, “I’m not out, pitch it again.” The following several moments involve a bit of embarrassment, the coaches come out, some kids are yelling at the bully, one parent hits another parent, and finally, it settles down, but the game is ruined and everyone goes home.

Next game, same thing happens, but this time nobody wants a scene, so they let the pitcher pitch the ball until the bully hits a single. Then the game continues. But the next game, there are a few bullies, not just one, demanding that the rules be ignored for them, and some other players decide to ignore other rules as well, and pretty soon, there is nothing like baseball happening.

You see what happened here? I’m going to guess that you don’t quite see the key point yet. The reason you leave the plate and go back to the dugout when you get three strikes is NOT because of the properties of matter, gravity, magnetic attraction, the unstoppable flow of water or a strong wind. You are not blown, washed, pulled, pushed, or dropped by any force back into the dugout when you get three strikes. You go back into the dugout because you got three strikes, the rules say you are out, right?

No. Still not right. You go back into the dugout because you got three strikes, the rules say you are out, AND THEN YOU FOLLOW THE RULES.

The Republican party, about half the elected officials, have unilaterally decided, in state houses across the country and in the Federal government, to stop following the rules.

A few years ago, in the Minnesota State House, a Republican representative made the clear and bold statement that he represented only the voters in his district who voted for him, and not the other citizens. He was resoundingly condemned for doing this, and he backed off and stopped talking like that. But over time, in state houses across the country, and in congressional districts, this increasingly became the norm, for Republicans. The rule is, of course, that once elected you represent all the people of your district. But more and more Republicans decided that this rule did not apply to them. They only represent those who voted for them. Now, this is normal in the Republican Party, and the first Republican President to be elected after this change said during his first news conference after his election, prior to his inaugural, that blue states would suffer and red states would benefit from his presidency.

I’ll give you another quick example. In one of Minnesota’s legislative chambers, the chair, who is from the leading party, has the right to silence any legislature who gets up to speak if the topic being discussed is not related to the matter at hand on the floor. So, the legislature is debating a proposed law about bicycles. The Democrats are in charge. A Republican gets up and insists on talking about his horoscope. The Democratic chair of the chamber says something like, “Your remarks are not relevant to the matter at hand, sit down and be quiet.” Good rule.

Last time the Republicans were in charge in that Minnesota chamber, they did this to every single Democrat who stood to say anything about anything, including and especially the matter at hand. The Republicans disregarded the actual rule (that the chair can silence a member who is off topic) and misused the power (that the chair can silence any member) to their benefit.

Tump is not following the rules, the Republicans in Congress are not acting like a “check” on Trump, and we have seen government officials in the Executive branch, apparently, ignoring court orders.

Trump’s executive orders over the last few days have been an overreach of power. For example, in its initial and badly executed form, his “extreme vetting” plan removed the rights of green card holders. Two different court orders neutered at least parts of this executive order temporarily, but it is reported that some officials, working for the Executive branches, ignored the court order. Since these are basically cops ignoring an order from a judge, and judges don’t have a police force, there isn’t much that can be done about that. Cops are supposed to follow the orders of judges. That’s the rule. The only way the rule works is if the rule is followed. There is no other force that makes the rule work.

Trump’s apparent abrogation of previous decisions on major pipeline projects was done without reference of any kind to the regulatory process that had already been completed. Regulations are acted on by the Executive branch, but they come from laws passed by Congress, and the whole judiciary is involved whenever someone has a case that there is something amiss. Trump’s executive orders and memoranda related to the pipeline ignore all the different branches of government, departments, process, and rules of governing.

It would appear that Trump had brought together the two major changes in rule observation that have developed over the last 20 years in this country. First, like the average citizen (of all political stripes) he is ignorant of how anything works. Second, like the bully that stands by the batter’s box, he shall not observe any rule that he does happen to find out about.

You see, for a United States President to become a dictator, he has to do only one thing: Stop following the rules. The US Court System, the Congress, and the Executive exist in a system of checks and balances, and that is supposed to keep everybody, well, in check. And balanced. But the Executive is the branch of government with multiple police and security forces, an Army, a Navy, an Air Force, Marines, and a Coast Guard. There is a rule that only the Coast Guard can carry out military-esque activities on US soil. But there is a mechanism for putting that rule aside. The President puts the rule aside. That’s it.

We live in a world of limited resources, and a pre-existing system of inequity, class, and ethnic categorization that allows the powerful to exploit and control most everyone else. We live in a country in which a single individual can take over the government by getting elected president then ignoring the rules, whether or not he formally declares himself in charge of everything. There is no mechanism to stop this from happening. There are all sorts of rules in place to stop it, such as the political parties putting up qualified candidates, the electors making sure they elect a qualified candidate, the Congress certifying the election of qualified candidates. But those things did not happen, and we now have a man who by all indications intends to dictate, not lead, dictate not rule, dictate not represent. There is no indication of any kind whatsoever that we do NOT have an incipient dictatorship as our form of government right now, and there are strong indications that this is where Trump is going.

And this is where Mischa’s Law becomes a thing.

“Racism, left unchecked, will eventually lead to holocaust.”

The checks, they have been neutralized.