Here’s a typical, arbitrarily selected attempt by mainstream liberals to explain what’s wrong with the Bush administration’s enthusiastic support undisclosed, unchecked, and unaccountable domestic spying. This comes from Hilzoy at Political Animal (2005-12-18):

What George Bush has done, by signing his Presidential Order, is to produce exactly that accumulation of powers that Madison and the other framers of the Constitution were determined to prevent. He has decided to circumvent the courts’ power to decide whether the government has enough evidence to place someone under surveillance, thereby removing a crucial check on executive power, and arrogating one of the powers of the judiciary to himself.

Moreover, the power he seeks to strip the judiciary of is not a peripheral one; it is essential to the Fourth Amendment prohibition against unreasonable searches and seizures. …

In addition, in deciding that he has the right to disregard clear statutes, President Bush is arrogating to himself the power of the legislature as well. The Legislature has the power to make laws; the Executive carries out the laws the Legislature has written. Had George W. Bush wanted to, he could have gone to Congress and asked it to change the laws. Instead, he decided to simply ignore them: to act as though he had the powers that the Constitution reserves to the legislative branch.

He is, essentially, claiming that he has the right not just to execute the laws, but to write them himself, and then to judge their application. …

But if it’s hard to reconcile the administration’s position with the Constitution and the views of the framers, it’s even harder to reconcile it with anything remotely resembling common sense. Because, on this view, the President can do anything he wants — anything at all — during wartime. …

In this country we do not have an absolute monarch. We have a President who is bound by the rule of law, just like the rest of us. When he asserts the right to set the laws and the Constitution aside, and to arrogate all the powers of government in his hands in secret so that he can use it unchecked, we have an obligation to make it clear that he is wrong.

Now, to be clear, I think that the Right’s legal brief on behalf of the Bush administration is both specious and frankly dishonest; they’re wrong, and Hilzoy is right, about the question of positive law. But here’s the open question. There are actually two separate, or separable, objections that Hilzoy is lodging against the use of undisclosed, unchecked, and unaccountable domestic spying on in these passages. Specifically, Hilzoy is objecting both that

1. Bush has to claim the authority to disregard existing laws and the Constitution in order to justify undisclosed, unchecked, and unaccountable domestic spying (i.e., he’s operating outside of the standing law); and also

2. engaging in undisclosed, unchecked, and unaccountable domestic spying, in and of itself, involves arrogating all the powers of government into his hands (i.e., he’s diminishing the separation of powers, and thus claiming the right to more power than one person should have).

It should be clear that these two objections are separable. The Constitution didn’t have to be written with provisions for the separation of powers, and the Constitution and the laws can always be changed. If, for example, Bush had gotten Congress to repeal FISA, and, while he was at it, had gotten Congress and the several states to amend the Constitution to repeal or limit the Fourth Amendment, then he wouldn’t be vulnerable to objection 1, but objection 2 would not be affected.

Now, here’s the open question. If Bush had gotten the law and the Constitution changed so as to authorize undisclosed, unchecked, and unaccountable domestic spying, would that have made it O.K.? Would it have even made it substantially less bad?

If it would have, then why would it have? If it wouldn’t have, then why spend so much time and energy stressing the fact that he did tread on the statutory law and the Constitution, if you don’t think that that makes a substantial difference?

For the past week, there’s been a lot of hubbub over All Things Beautiful’s Ten Worst Americans challenge. For a lot of reasons, I don’t have a comprehensive list, and I’m not that keen on the whole project (there’s lots of evil and ugliness in the world without going out of your way to seek it out, compile it, and cross-index it; I have no idea what the criteria would be for choosing ten people as more evil than any others; and I think that most of us are already far too fascinated with and fixated on demonology as it is). So I don’t have a Worst Ten list to provide. But I do have a list of additions that I think ought to be there, if lists are to be made. Coming out for the left-liberal corner we have Ampersand at Alas, A Blog (2005-12-27) with a list of seven villains, Patrick at Tiberius and Gaius Speaking… with a list of ten, and Glenn Greenwald and Hypatia at Unclaimed Territory (2005-12-28) with another ten to throw on the barbie. With the exception of Glenn’s silly inclusion of Harry Blackmun, they are pretty much right, as far as it goes, but there are some notable names that I notice tend to get left out. I suggested some additions at Alas and some dishonorable mentions at Tiberius and Gaius, which have been followed up with some debate.

Here’s my contribution of evildoers. I make no attempt to be comprehensive — there are lots of truly rotten people who aren’t on the list, mainly because they are mentioned elsewhere. But these folks are truly rotten, and often overlooked — sometimes because they get shoved out of the way by contemporary contenders that contemporary writers tend to give disproportionate space to, sometimes because the villains are overlooked by pop history anyway, and sometimes simply because political blinders prevent their names from being given serious consideration. The interesting thing is that the blinders rarely constitute defenses of their deeds — although in at least two of the three cases I discuss with Patrick that is what’s happening. It’s just that, for whatever reason, some folks whose crimes are readily admitted, if mentioned, aren’t thought of when you sit down thinking Who should I put down as a terrible evil-doer? I have some ideas about the reasons behind that, but I’d be interested to hear what you think in comments, too.

In any case, here’s my unordered list of overlooked evildoers, cobbled together from my suggestions elsewhere:

• Harry S. Truman. He ordered or approved the murders of 500,000 – 1,000,000 Japanese civilians over the course of half a year in 1945.

• Curtis LeMay. He carried out the murder of 500,000 – 1,000,000 Japanese civilians over the course of half a year in 1945. He planned and carried out the low-altitude firebombing of Kobe, Tokyo, and 65 other Japanese cities. A nuclear maniac who explicitly denied that there were any innocent bystanders in war, went on to coin the phrase bomb them back into the Stone Age (in reference to the Vietnam War), and went on to become George Wallace’s running mate in 1968, on a platform of white supremacy and more militant anticommunism. During World War II, he repeatedly indicated his belief that the Japanese deserved wholesale slaughter of civilians, and his own public statements and the reminiscences of the soldiers who served under him reveal him as simply reveling in death and destruction.

• Franklin Delano Roosevelt, a pseudo-leftist demagogue who created the military-industrial complex; imprisoned political opponents; seized sweeping censorship powers; pandered to the worst sorts of racism, first in his political alliances with arch-segregationist Dixiecrats and then in whipping up war fever for war against Japan; ordered internment of Japanese-Americans; happily allied with, propagandized for, and consigned 1/2 of Europe to the totalitarian terror of, Joseph Stalin; and became one of the three men who came the closest to becoming a dictator in the United States.

• Woodrow Wilson, unreprentant liar and war-monger, KKK fan, arch-segregationist, ardent anti-feminist. His published academic work delighted in white supremacist myth-making; his warmongering drew the United States needlessly into one of the worst and most senseless wars in world history; he built a slave army with the second federal draft in American history, and shredded civil liberties with abandon, happily imprisoning political opponents both during and after the War and presiding over the devastating Palmer Raids. Wilson is one of the three men who came the closest to becoming a dictator in the United States.

• George Fitzhugh, who fused the worst elements of statist utopian socialism with a nostalgic view of feudal hierarchy to provide the most militant theoretical defense of white supremacy and race slavery in the prewar South. He authored Slavery Justified, Sociology in the South, and Cannibals All!.

• William Tecumseh Sherman, one of the inventors of modern scorched-earth warfare, ravager of the South and murderer of Southern civilians. Sherman followed up his most famous role by pursuing genocidal campaigns against the Plains Indians and Indians in the Southwest from 1869 until his retirement in 1884.

• James Eastland, the militant white supremacist Senator from Mississippi, mad dog McCarthyist, and founding father of the White Citizens Councils.

• In addition to another Alas commenter’s suggestion of Larry Flynt, I’d also like to add Chuck Traynor, the pimp / pornographer / rapist / batterer / slave-driver who forced Linda Boreman into Deep Throat (among other pornography) and played an instrumental role in founding the mass-market, above-ground film pornography industry in the U.S. through repeated filmed rapes.

• Sergio Méndez reminded me that Ronald Reagan certainly needs a mention, yet he seems notoriously absent from many of the lists. I mention him here not because I think he’s often overlooked on lefty lists of rotten people, but rather because I think the primary reasons to include him — his complicity in the formation of the death squads of El Salvador and the plainly genocidal massacre of some 200,000 Indians in Guatemala — is often overlooked in favor of a frankly silly focus on his contributions to the rhetoric of the contemporary Right in America.

The exercise, whatever its demerits, does seem to be a good conversation-starter. What do you think?

I mentioned a couple weeks ago that the Molinari Society would be meeting in New York at the APA Eastern Division meeting, and that the topic for the day was going to be the debate between thick and thin libertarianism. I was invited to comment on both of the essays, which I think went well, except for the inconvenience of having nowhere to print them out and therefore having to read them off of my laptop screen at the presentation; ah well. In any case, I’ve been asked to put my remarks online; they may not be the easiest thing in the world to follow if you haven’t read the essays I’m commenting on, for obvious reasons (if versions are posted on the Internet, I’ll link to them from here and from my remarks). But there is some material that might be of general interest, such as my discussion of the different ways in which a version of libertarianism might make demands for thick rather than thin commitments, and my discussion of the ways in which a libertarian labor movement ought to relate to the government (distinguishing depoliticized unions from anti-statist unions) and to other social justice movements (distinguishing thin unionism from thick unionism). In any case, here’s the links:

• Remarks on Jan Narveson’s Libertarianism: the Thick and the Thin, in which I discuss Jan Narveson’s defense of libertarianism as a thinly moral doctrine and try to distinguish five different senses in which a version libertarianism might be said to be thick. (I said four in the remarks in spite of listing five; oops. I think because I did not count the first, entailment thickness, as a genuine form of thickness at all — since it merely amounts to saying that libertarians should, indeed, be libertarian.)

• Remarks on Jack Ross’s Labor and Liberty, in which I discuss different takes on labor history and the prospects for reclaiming the tradition of pro-liberty, pro-labor radicalism.

Enjoy. Feel free to direct any comments on the remarks to me personally or to the backtalk section here.

Happy 2006, y’all.

You know the rules. Here’s the quote. This is again from Paul Buhle’s Taking Care of Business: Samuel Gompers, George Meany, Lane Kirkland, and the Tragedy of American Labor.

Paradoxically and simultaneously, industrial unionism–though born of the radicalism of Toledo, Minneapolis, and San Francisco–became a new mode of enforcing the contract. Attempts to seize back the initiative from foremen and time-study experts were met, now, with directives from industrial union leaders to stay in line until a greivance could be properly negotiated. Soon, union dues would be deducted automatically from wages, so that officials no longer needed to bother making personal contact and monthly appeals to the loyalty of members.

Meany, treating industrial unionists at large as enemies, could not for many years grasp that events were bringing the CIO’s elected officials closer to him. He was steeped in a craft tradition to which the very idea of workers united into a single, roughly roughly egalitarian body hinted at revolutionary transformation. But many less conservative sectors were equally surprised by the course of the more democratic CIO unions toward the end of the 1930s. A triangle of government, business, and labor leadership brought about a compact that served mutual interest in stability, though often not in the interests of the workers left out of this power arrangement.

Not until 1937 did business unionism confirm its institutional form, when the Supreme Court upheld the Wagner Act. Now, a legitimate union (that is to say, a union legitimated by the National Labor Relation Board) with more than 50 percent of the vote in a union election became the sole bargaining agent for all. Unions stood on the brink of a membership gold-rush. The left-led Farm Equipment union could that same year, for instance, win a tremendous victory of five thousand workers at International Harvester in Chicago without a strike, thanks to the NLRB-sanctioned vote. But union leaders also prepared to reciprocate the assistance with a crackdown against membership indiscipline. The United Auto Workers, a case in point, arose out of Wobbly traditions mixed with a 1920s Communist-led Auto Workers Union and an amalgam of radicals’ efforts to work within early CIO formations. The fate of the industry, which fought back furiously against unionization, was set by the famed 1937 sit-down strikes centered in Flint, which seemed for a moment to bring the region close to class and civil war. Only the personal intercession of Michigan’s liberal Governor Murphy, it was widely believed, had prevented a bloodbath of employers’ armed goons retaking the basic means of production and setting off something like a class war. Therein lay a contradiction which the likes of George Meany could appreciate without being able to comprehend fully. The notorious willingness of UAW members to halt production until their greivances were met did not end because the union had employed the good offices of the goveronr (and the appeals of Franklin Roosevelt) to bring union recognition. On the one hand, a vast social movement of the unemployed grew up around the auto workers’ strongholds in Michigan, generating a sustained classwide movement of employed and unemployed, lasting until wartime brought near full employment. On the other hand, union leaders, including UAW leaders, swiftly traded off benefits for discipline in an uneven process complicated by strategic and often-changing conflicts within the political left.

The continuing struggle for more complete democratic participation was often restricted to the local or the particularistic, and thanks to a long-standing tradition of autonomy, sometimes to insular circles of AFL veterans. For instance, in heavily French-Canadian Woonsocket, Rhode Island, a vibrant Independent Textile Union had sprung up out of a history of severe repression and the riotous 1934 general textile strike. The ITU remained outside the CIO and set about organizing workers in many industries across Woonsocket; then, after a conservatizing wartime phase, it died slowly with the postwar shutdown of the mills. To take another example, the All Workers Union of Austin, Minnesota–an IWW-like entity which would reappear in spirit during the 1980s as rebellious Local P-9 of the United Food and Commercial Workers–held out for several years in the 1930s against merger. A model par excellence of horizontal, unionism with wide democratic participation and public support, the AWU (urged by Communist regulars and Trotskyists alike) willingly yielded its autonomy, and in so doing also its internal democracy, to the overwhelming influence of the CIO. In yet another case, the Progressive Miners of America, which grew out of a grassroots rebellion against John L. Lewis’s autocratic rule, attempted to place itself in th AFL that Lewis abandoned, on the basis of rank-and-file democracy with a strong dose of anti-foreign and sometimes anti-Semitic rhetoric. Or again: the AFL Seaman’s Union of the Pacific, reacting ferociously to Communist efforts to discipline the sea lanes, stirred syndicalist energies and like the PMA simultaneously drew upon a racist exclusionary streak far more typical of the AFL than the CIO.

These and many less dramatic experiments died or collapsed into the mainstream by wartime. But for industrial unionism at large, the damage had already been done to the possibilities of resisting creeping bureaucratization. Indeed, only where union delegates themselves decreed safety measures of decentralization, as in the UAW in 1939 (against the advice of Communists and their rivals), did conventions emerge guaranteeing participation from below, to some significant degree.

–Paul Buhle, Taking Care of Business: Samuel Gompers, George Meany, Lane Kirkland, and the Tragedy of American Labor, 119-121.

You know the rules. Here’s the quote. This week’s is not bus reading; it’s plane reading. Also a source for transcriptions for the Fair Use Repository (a note about that shortly). I give you a passage from William Lloyd Garrison’s On the Constitution and the Union, from The Liberator of December 29, 1832:

There is much declamation about the sacredness of the compact which was formed between the free and slave states, on the adoption of the Constitution. A sacred compact, forsooth! We pronounce it the most bloody and heaven-daring arrangement ever made by men for the continuance and protection of a system of the most atrocious villany ever exhibited on earth. Yes–we recognize the compact, but with feelings of shame and indignation, and it will be held in everlasting infamy by the friends of justice and humanity throughout the world. It was a compact formed at the sacrifice of the bodies and souls of millions of our race, for the sake of achieving a political object–an unblushing and monstrous coalition to do evil that good might come. Such a compact was, in the nature of things and according to the law of God, null and void from the beginning. No body of men ever had the right to guarantee the holding of human beings in bondage. Who or what were the framers of our government, that they should dare confirm and authorise such high-handed villany–such flagrant robbery of the inalienable rights of man–such a glaring violation of all the precepts and injunctions of the gospel–such a savage war upon a sixth part of our whole population?–They were men, like ourselves–as fallible, as sinful, as weak, as ourselves. By the infamous bargain which they made between themselves, they virtually dethroned the Most High God, and trampled beneath their feet their own solemn and heaven-attested Declaration, that all men are created equal, and endowed by their Creator with certain inalienable rights–among which are life, liberty, and the pursuit of happiness. They had no lawful power to bind themselves, or their posterity, for one hour–for one moment–by such an unholy alliance. It was not valid then–it is not valid now. Still they persisted in maintaining it–and still do their successors, the people of Massachussetts, of New-England, and of the twelve free States, persist in maintaining it. A sacred compact! A sacred compact! What, then, is wicked and ignominious?

–William Lloyd Garrison (1832), On the Constitution and the Union, from William Lloyd Garrison and the Fight Against Slavery: Selections from The Liberator. Edited with an Introduction by William E. Cain. The Bedford Series in History and Culture.

Post your own on your website or in the comments, as you see fit.