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Joseph A. Palermo

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The Supreme Court and the "Broken Middle"

Posted: 06/26/2012 2:55 pm

By striking down the Montana campaign finance law that dates back to 1912, the Supreme Court steams ahead on its long-term project of turning our political system over to giant corporations. (So much for "states' rights," or the role of states as "incubators" for best practices).

A century ago, the same year Montana passed the law the Roberts Court just eviscerated, the United States held a presidential election where progressive voices dominated. The Socialist candidate, Eugene Victor Debs, won over 900,000 votes, and Theodore Roosevelt challenged his former protégé, Republican President William Howard Taft, by starting his own Progressive Party ("Bull Moose"). The Democrat, Woodrow Wilson (who also embraced progressive policies), skated to victory largely because TR had galvanized the left wing of the Republican Party (TR even won more votes than Taft).

There was no catering to the "job creators" or private equity firms in the 1912 election. The electorate demanded their politicians bring down a hammer on the excesses of corporate power that characterized the preceding three decades. We live in a similar period today: thirty years of metastasizing corporate power, historic gaps in income and wealth inequality, battered labor unions, environmental toxics contaminating the commons, etc. But today, with two centrist candidates each vying for the biggest pile of corporate cash, the election of 2012 will be nothing like 1912.

The Roberts Court appears to be hellbent on ensuring that a corporate oligarchy consolidates, once and for all, its control of our political system. And this comes after years of coddling corporations largely because of their corrupting influence on political campaigns. Over the past thirty years corporate taxes have been slashed and the tax burden shifted onto the backs of working people, while at the same time the High Court hands down ruling after ruling that serve to strengthen corporate power over our politics. At the end of World War Two, for example, for every dollar Washington received from individual taxpayers, it got $1.50 from taxing corporate profits. Today, for every dollar people pay in income taxes to Washington the federal government only gets 25 cents from taxing corporations. If "corporations are people" they at least should pay the same level of taxes as real people do.

The Supreme Court knows exactly what it is doing. They're smart lawyers who are aware of the widening chasm in wealth and income. They know the corporations use campaign donations to corrupt our nation's politics. They know that about 100 million Americans are currently consigned to living under austerity, economically insecure, and with minimal access to health care and education. That's why the Court went out of its way to beat up labor unions, with its ruling in Knox v. Service Employees International Union to force working people to "opt-in" before independent expenditures of their union can be spent on political campaigns. This ruling further ties the hands of labor unions by forcing expensive and time-consuming notifications and elections before the leadership can spend political money. Next time you hear anybody put forth the worm-eaten argument of a false equivalency between corporations and labor unions in political spending, point to this anti-labor ruling.

So the Roberts Court, with Citizens United and its offspring, is making it easier for corporations to dominate our politics while it tears down labor's ability to fight back against the onslaught. This is a conscious effort. The Republican Supreme Court is setting up an uneven playing field so that the Republicans can run the table of power in Washington. Checkmate!

Ninety-three percent of all private sector workers in this country have no union representation, no contract, no protections. The only reason why the public sector unions grew over the past thirty years is that states and municipalities could not pursue the aggressive union-busting tactics that have become the norm in the private sector since President Ronald Reagan crushed PATCO back in 1981. But the "Great Recession" and the fiscal crises it has wrought changed all that. As Governor Scott Walker in Wisconsin and other Republican governors have shown, it's now open season to impose the same kind of punitive anti-union tactics against public workers as is customary in the private sector. Add to this assault against working people the fact that 40 percent of their wealth has been scooped out over the past 5 or 6 years as well as the loss of over 600,000 public sector jobs (the SEIU lost 100,000 members due to layoffs), and you get a clear picture of which side the Supreme Court is on.

We live in a period of permanent "crisis." We remain frozen in suspended animation waiting for the moment when the Republican right "goes too far" and sensible alternatives to the policies that have brought the country to this sorry state are tried. But the day of reckoning never comes to Washington when "over-reach" sparks a political backlash because of the lack of true fighting spirit among the "opposition" party. The duopoly limps forward with its truncated "debate" even when the times call for a bold new direction.

What we've experienced during Obama's first term is a kind of "Broken Middle." The literary critic Isobel Armstrong, in a different context, points to a "broken middle" that replaces the Hegelian "triumphalist dialectic of resolution" with "a logic of breakdown." (The Radical Aesthetic, 2000, p. 8) The failure of our current money-drenched politics with the millions of demoralized and battered working people left in its wake has given us a persistent state of disrepair.

We already got the "Thesis": Reaganomics; tax cuts for the rich and corporations; deregulation; "free trade"; expansive military spending; slashing health and human services; unlimited money in politics; a lack of anti-trust enforcement; a wholesale assault on labor unions.

But we never got anything near the required articulation of the "Anti-Thesis" to these policies: Truly progressive taxation; regulations to protect workers, consumers, and the environment; trade pacts that stop outsourcing; reductions in military spending; a single-payer national health care system; child care funding and pay equity for women; limitations on campaign spending; enforcement of anti-trust laws; the Employee Free Choice Act, and raising the minimum wage.

In 2008 candidate Obama talked about forcefully countering Reaganomics but once in power his repeated capitulations to the Republicans failed to put forth the substantive rollback that was necessary. Since we never got the "Anti-Thesis" to the Republican free market ideology because the Democratic Party that should have been its vehicle failed to deliver, we were denied any kind of "Synthesis" that might have produced a new set of reforms, ideas, and institutions that could guide us into the 21st Century. We're left instead with a "Broken Middle" that normalizes Reaganomics with both major parties beholden to the same corporate interests defending the status quo despite its catastrophic failures.

Those 636,000 public sector jobs that have been destroyed in recent years will affect American society in negative and unpredictable ways for decades to come unless there is unleashed a progressive third party force capable of driving fundamental change. Today we see as "normal" proposals coming from the Simpson-Bowels Commission or the Peterson Institute or the Paul Ryan budget that will annihilate what's left of the federal social safety net in this country at a time when it is needed most.

The Supreme Court has become a lynchpin for the Republican right in cementing this dreary future. By striking down the Montana campaign finance law and undermining labor unions' ability to spend political money, the right's "activist" court is setting up a situation where progressives are forced to fight with both hands tied behind their backs. We have an anemic Democratic Party duplicitous in the 1 percent's assault on working people. The economic crisis has been successfully deployed to beat down public workers and their unions (the Democratic base). The close of each new Supreme Court session brings added horrors.

We could learn a lot from the election of 1912 where a third and fourth party shook up the foundations of corporate control. It's a disgrace that 100 years ago the United States could run an election with far greater choices than it is capable of running today. Until some catalyst for real change emerges that can punch a hole in this drab edifice we'll continue to be relegated to life in the nether reaches of the "Broken Middle."

 
 
 

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HUFFPOST SUPER USER
Ally Solver
Problem Solver Extraordinaire
02:20 PM on 06/27/2012
More propaganda.

Populist parties are for losers, those freeloaders who make no contributions to society or the nation. They want to elect someone who will provide them with free economic benefits.

No hardworking and real American would have anything to do with such parties.

The facts no one wants to read.
This user has chosen to opt out of the Badges program
01:14 PM on 06/27/2012
Dr. Jill Stein and Mayor Rocky Anderson are two reform candidates for president who are both running small-money campaigns. Their platforms recognize and respond to many of the problems Professor Palermo has highlighted.

These reform candidates need our help. If we don't even try for a better future, then the result will be at least partly our own fault. Dr. Stein urges people to have the courage to envision a brighter future.

www.jillstein.org

www.voterocky.org
11:10 AM on 06/27/2012
And this man teaches history? He talks as if W WIlson was a great choice. A champion of free speech as long as it agrees with him. Wants to limit corporate spending on elections but not unions. Wants to grow the public sector ( which produces nothing) and pass the costs on to the taxpayer. 636,000 public sector jobs lost yet our gov't is still functioning. Imagine that! The tax burden shifted to the working public yet 47% of them don't pay any income taxes and the top 10% pay 70% of the income taxes collected. 100,000 SEIU union members laid off due to the burden of paying unrealistic pensions that are unsustainable. They were their own worst enemy. This associate professor should analyze how Greece,Spain and Italy are doing with their public sector economies.
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novapsyche
liberal (adj.): free from bigotry
08:02 PM on 06/28/2012
I don't think his parenthetical description of Wilson constitutes a full-throated embrace of the man. It is true that Wilson easily won election due to TR splitting the progressive wing of the Republicans (back before the two main parties switched their core ideologies). It also is evident that Wilson did champion some progressive issues--he attempted to install the League of Nations. It remains widely accepted, though, that Wilson was a problematic president (witness his quote that begins _Birth of a Nation_).
11:05 AM on 06/27/2012
Woodrow Wilson also embraced progressive policies like sending 150,000 Americans to die for nothing in Europe.
10:50 AM on 06/27/2012
This corrupt court has fully embrraced plutocracy in harnony with the southern dominated republican party and this means that democracy is only a shell game as the super rich take complete control of the government at the federal and state levels.
iridium53
Semper Fi
10:37 AM on 06/27/2012
At this point, the only real choice for Americans that love freedom and liberty is to vote for Democratic candidates that promise to thoroughly investigate and, possibly, impeach the three most egregious SCOTUS justices for corruption - Scalia, Thomas and Roberts.
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HUFFPOST SUPER USER
fiddler3
physicist, musician, parent
10:15 AM on 06/27/2012
"this comes after years of coddling corporations largely because of their corrupting influence on political campaigns. "

I disagree with this view. US Corporations are far from coddled. They are excessively over-regulated and taxed at the highest rates in the world. Government gets to examine any and all aspects of their operations, and in many industries government insists on setting their prices and limiting their profit margins.

Certain companies are given special treatment by the government, including tax breaks and outright grants of funds. This activity by the government warps the competitive nature of the system and encourages companies to adopt inefficient business models to qualify for government handouts. In these times of tight budgets, the government should get out of the way of companies, and let them do what they do best -- make money. The usual way of separating cash from customers involves offering the customer something they want. That is a good thing for the companies, for the customers, and for the country..
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HUFFPOST SUPER USER
duegger
onto others
11:32 AM on 06/27/2012
They are excessively over-regulated and taxed at the highest rates in the world. The tax rate might be the highest, but affective tax rate is not the highest. We also give major corporations many tax write offs and breaks. As far as over regulated, that is laughable. Like we really wnat the affects of non-regulation so that we can air like and water contamination like China. And, as far as making money, most major corporations in the US are having record profits.
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HUFFPOST SUPER USER
fiddler3
physicist, musician, parent
02:35 PM on 06/27/2012
Profits are a good thing, not a bad thing.

I am completely in favor of removing government incentives for industry, as I said in my post.  I think they tend to warp the playing field.  We should remove all such supports, including those for biotech, oil/gas, green, and agro.    I do think we should continue support for basic research programs in the national laboratories and in academia.

Remove the corporate subsidies and drastically reduce the tax rates.  Cut back on the regulations.  Let the private sector do what it does best.
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Caniculus
Anything about that seem unusual to you?
10:13 AM on 06/27/2012
Professor Palermo, amen.

Anyone who actually wants to understand the debate over the role of government and the relationship between government and business must become familiar with a true Republican hero (he isn't on Mt. Rushmore for nothing!), Theodore Roosevelt. He wasn't perfect, of course, but he prevented the America of a hundred years ago from going down almost exactly the same road as today.

Unfortunately, Obama is leading us down that dangerous road today. I've never heard Obama (let alone any modern Republican) even quote TR.

Anyone who dares to read a biography of TR will immediately recognize the type and quality of President we need right now. And Obama pales (sorry) by comparison.

But Professor, where can we find a modern Theodore Roosevelt? That mold is broken and thrown away. Give us a name. Or give us a party. If we are to break the choke hold of the two-party system, we need to unify. Divided we fall.

If only all the third parties could agree to have a joint convention and nominate a single ticket.
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HUFFPOST SUPER USER
hipocampelofantocame
retired pediatrician
06:47 PM on 06/27/2012
Caniculus: Fanned and faved
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novapsyche
liberal (adj.): free from bigotry
08:11 PM on 06/28/2012
President Obama delivered a speech in Kansas last December that specifically invoked TR--he even gave the speech in the same town that TR gave his speech in 1910 where he called for the Square Deal. Obama's speech was widely covered in the mainstream media.

Obama invokes Teddy Roosevelt in speech attacking GOP policies
http://www.washingtonpost.com/politics/obama-invokes-teddy-roosevelt-in-speech-attacking-gop-policies/2011/12/06/gIQAEf3yaO_story.html

Two Speeches, Two Lefts: Barack Obama and Teddy Roosevelt
http://www.huffingtonpost.com/jedediah-purdy/obama-teddy-roosevelt_b_1133376.html

Obama’s ‘Teddy Roosevelt’ Speech - Full Transcript
http://news.talkingpointsmemo.com/2011/12/obamas-teddy-roosevelt-speech---full-transcript.php
HUFFPOST PUNDIT
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
09:50 AM on 06/27/2012
Wrong. All analysts say our two parties are the most ideological in history.
Dems are too far Left, Repubs too far Right. The Middle is no longer represented.

And I can prove it. The most centrist candidate, as perceived by voters, always wins. That's why Romney won the nomination. Cain, Perry, Gingrich and Santorum all led Romney, but lost because they were too radical - even for Repubs!

And Obama beat Hillary and McCain because he was seen as more centrist. He promised to escalate the war in Af and to retain the Bush tax cuts for 98% of taxpayers. Obama is not a liberal, which is why he won and why Progressives now whine.

The majority reject both OWS and the Tea Party. We are not ideological, and we don't want our country run based on ideology. The majority are neither capitalists or socialists - they are pragmatists. And that's who they vote for, other practical people. The President is our CEO, not our moral leader. He works for us, does what we want, not what his faith tells him.

Ideology and religion are faith-based, not based on reality. Both have no place in politics, or life.
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novapsyche
liberal (adj.): free from bigotry
08:26 PM on 06/28/2012
Actually, conservatives for the last 30 years continuously have been attempting to move the Overton window much further to the right. By doing so, the middle shifts accordingly.

Conservatives have been relatively successful in this endeavor (partly enabled by the proliferation of AM radio & other forms of broadcast media which are largely financed by conservative owners). The result of this success is that the more extreme, formerly "fringe" views of the right have become mainstreamed, while the equivalents on the left continue to be perceived as radical as they have few outlets or advocates in popular media.

See Overton window (http://en.wikipedia.org/wiki/Overton_window) as well as An Introduction to the Overton Window of Political Possibility (http://www.mackinac.org/12481) for brief overviews of the concept.
09:36 AM on 06/27/2012
Admitting that the middle is corrupt not broken would be helpful Joseph.

Why hide the reality with vague terminology?
It only helps them.
HUFFPOST PUNDIT
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
09:33 AM on 06/27/2012
The reason public unions survived is they can shut down our government, have control over us.
Unions thrive through corruption and extortion. The Teamsters Union was the equivalent private union.
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Caniculus
Anything about that seem unusual to you?
09:58 AM on 06/27/2012
It is against the law for federal unions to strike or to bargain over wages. How exactly can these unions shut down government?
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HUFFPOST SUPER USER
hipocampelofantocame
retired pediatrician
04:40 AM on 06/27/2012
Professor Palermo, you really hit a home run with this blog. Nothing there that I cannot agree
with. I guess that we're all in this mess together. Tschüß, hipo
HUFFPOST SUPER USER
lenguss
01:50 AM on 06/27/2012
These bitter comments reflect a failed professor who was unable to earn tenure at better universities and now teaches at an inferior state school. Your idea of government has bankrupted states, cities, counties via corrupt public unions whose greed is immeasurebale and for which we all pay. You are close to Stockton - just look at it and see what your views have wrought.
cwaged1002
There is hope but not for us
07:05 AM on 06/27/2012
Your response reflects an individual who has failed to see the truth of corporate greed and the
destruction Free Market Global Economics has wrought upon those who have only their labor
to trade on the "free market."
HUFFPOST SUPER USER
lenguss
01:02 PM on 06/27/2012
No problem. Please tell me which country now has a better economy in which you would like to participate.
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HUFFPOST SUPER USER
lNSCOUT
08:12 AM on 06/27/2012
look at what trick all down has wrought.
01:39 AM on 06/27/2012
Bottom line: unless you live in one of the swing states the Electoral College has already disfranchised you in presidential elections but please vote on the down ballot candidates and initiatives and local races very important in CA we can write in Dennis Kucinich
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parlimentMike
It's not un-American to investigate 4 crimes.
10:26 AM on 06/27/2012
Or you could check the Jill Stein box.
01:34 AM on 06/27/2012
Yes judicial activism is fine if it helps the rich and Republicans