Change?

“The more things change the more they stay the same” as some wag said at some point in the past. And it does appear to have a kernel of truth at the center of it.

I am reading The Personal Memories of P.H. Sheridan, one of the three central figures in the victory of the North over the South in our Civil War. We know him as General Sheridan and together with Grant and Sherman, the Yanks were finally able to prevail — after one of the bloodiest wars in history.

But after Lincoln’s death the nation went through even greater trials in an attempt to bring the tattered Union together again. After the war was officially over — and while renegade troops of Rebels continued to fight and cause havoc in the South — Sheridan was sent to head up a peace-keeping force in New Orleans and Texas. Neither of these states, together with the other Rebel starts, wanted back in the Union. In New Orleans in 1866 there was a “massacre” (to use Sheridan’s word) in which nearly 200 black citizens together with Northern sympathizers were slaughtered by a large group of angry Southerners — including the New Orleans police.

Sheridan wrote about it after the fact:

“No steps have been taken by the civil authorities to arrest citizens who were engaged in this massacre, or policemen who perpetrated such cruelties. . . As to whether the civil authorities can mete out ample justice to the guilty parties on both sides, I must say it is my opinion, unequivocally, that they cannot.”

We are now engaged in a “Black Lives Matter” movement in which we are reminded that the history of racism in this country goes back many years. Many do not like being reminded, but it is assuredly the case — as this incident shows cleary. Today we still have instances, more than we care to count, in which those hired to protect and serve shoot defenseless black people. There does seem to be something deep in the collective DNA of a great many people in this country that drives them to hatred and contempt of those with different colored skin.

We just need to remember that when we are tapped on the shoulder and asked to do whatever we can to help eradicate racism that (a) it may not be possible and (b) we need to do it anyway.

Antiquated Constitution?

About one hundred years after the Constitution was adopted in this country Henry Adams was convinced it was already obsolete. As the grandson and great-grandson of Presidents he might have been concerned that the document tied the hands of the executive. That would be understandable. It certainly is the case that when it was written, one of the major concerns of its authors was to limit the powers of the President. Perhaps it limited the executive too much. Adams thought it made government stagnant and he hoped that when Grant took office the situation would be remedied. It wasn’t, however, since Grant didn’t do much of anything except make some bad appointments and get mixed up with the Gold Scandal. Adams came to believe that Grant was a living argument against Darwin!

But there does seem to be some truth in Adams’ concerns. A document written in the eighteenth century, especially one that didn’t even mention corporations, seems antiquated at best and positively outdated at worst. Large Wealth has gained the upper hand and turned our Republic into a corporate oligarchy. Further, consider the powers granted to the U.S. Senate which is the body that was targeted by Adams for most criticism. It has immense power and its members seem to be around forever gaining more and more power. The Senate is able to abuse that power even more readily than the President — something the framers did not foresee.

Madison, for example, was convinced that no minority, within or without the Senate, could ever stall the workings of a democratic system because the majority would simply sweep them aside. In Federalist # 10, Madison expresses almost naive confidence in the ability of a majority to eliminate what he called “factions,” or those small groups within and without government that would misdirect the public good. He says “If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by a regular vote.” But then Madison was also convinced that those in Congress would be the best and brightest in the country at large, “whose wisdom may best discern the true interest of the country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary and partial considerations.”  Yeah, right.

Let’s consider some of the powers of the Senate listed in Article II Section 2 where, ironically, the document explains some of the powers of the President (note the repeated qualifications):

[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, 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.

It is precisely the powers to “advise and consent,” as Adams saw it, that pretty much tie the hands of the executive and can bring government to a halt. In fact, as we have seen in our day, the Senate can simply refuse to act on presidential appointments and they remain vacant for years. During Adams’ lifetime, Secretary of State John Hay was repeatedly frustrated by the Senate’s reluctance to ratify treaties Hay had painstakingly arranged. The two-thirds majority required for ratification was the killer. It seems that this power is the one Adams most strenuously objected to as it ties the government in knots. It was certainly one of the most hotly debated topics at the time of the writing and subsequent adoption of the Constitution: would the President be hindered from doing his job or would he be given enough power to do the job and then abuse that power? It was a difficult line to draw.

But given the snail’s pace with which this government goes about its business; its susceptibility to the influence of “factions” and PACs; the lack of term limits on members of Congress; the persistent misreading of the second amendment; and the unrestricted influence of large corporations on the election and functioning of officials within government, a strong case can be made that the Constitution can no longer do the job it was designed to do more than two hundred years ago. Rexford Tugwell, part of F.D.R.’s “brain-trust,” years ago proposed a revised Constitution that was widely discussed but went nowhere. Perhaps it is time to reconsider.

Where’s The Shrub?

When George W. Bush’s father, George H.W. Bush, recently endorsed Mitt Romney reporters asked Romney whether he expected to get the younger Bush’s endorsement. (Let’s call him “the Shrub” to distinguish him from his father, “the Bush.) No one seems to know, and apparently the Republicans aren’t eager to hitch themselves to that particular horse. You remember — the one that led us into two wars and left a huge budget deficit after sneaking into office under questionable circumstances (and the assistance of Ralph Nader). The Republicans in general would prefer if we forgot that and blamed Obama for the mess. As a recent news story mentions, “In a presidential contest dominated by concerns over the economy, government spending and federal debt, the Republican candidates have been loath to acknowledge the extent to which the George W. Bush administration’s policies contributed to those problems.” Indeed.

In any event, it would seem that the Shrub’s silence will be encouraged as Romney hopes to distance himself from what he apparently regards as a political pariah. The Shrub himself also seems to want to remain in the distance — working on the building of the Bush Presidential library at a local university. “‘For now we’re just staying out of it,’ George W. Bush spokesman Freddy Ford said Thursday, declining to comment on a possible endorsement. Ford said Bush was focused on promoting and developing a presidential library bearing his name at Southern Methodist University.” Is it possible to develop a library consisting only of comic books? I’m just askin’.

But it would appear that the Shrub’s father (the Bush) doesn’t seem to want to remember his son’s legacy as 43rd President of the United States. We are told that his picture is hidden in the Bush’s office behind a flag. The Bush was actually a pretty good President, as Presidents go these days. His son’s performance must have been a severe disappointment as the Shrub was clearly on anyone’s list of the ten worst Presidents this country has ever had. Henry Adams thought Grant was living proof of the flaw in Darwin’s theory of evolution. But the Shrub would be even stronger evidence. But then Darwin allowed for occasional anomalies so perhaps his theory is safe.

In any event Mitt will have to soldier on without the endorsement (for the time being) of George W. Bush — though he has that of both the Shrub’s father and his brother Jeb. You remember Jeb: he was former governor of Florida and led the charge to pass a law giving permission for people in Florida to shoot first and ask questions later. So, how’s that working out?