Washington, D.C.

What the Supreme Court got right

It's best for the government to stay out of the business of restricting political advocacy

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What the Supreme Court got right

(updated below – Update II – Update III)

The Supreme Court yesterday, in a 5-4 decision, declared unconstitutional (on First Amendment grounds) campaign finance regulations which restrict the ability of corporations and unions to use funds from their general treasury for “electioneering” purposes.  The case, Citizens United v. FEC, presents some very difficult free speech questions, and I’m deeply ambivalent about the court’s ruling.  There are several dubious aspects of the majority’s opinion (principally its decision to invalidate the entire campaign finance scheme rather than exercising ”judicial restraint” through a narrower holding).  Beyond that, I believe that corporate influence over our political process is easily one of the top sicknesses afflicting our political culture.  But there are also very real First Amendment interests implicated by laws which bar entities from spending money to express political viewpoints. 

I want to begin by examining several of the most common reactions among critics of this decision, none of which seems persuasive to me.  Critics emphasize that the Court’s ruling will produce very bad outcomes:  primarily that it will severely exacerbate the problem of corporate influence in our democracy.  Even if this is true, it’s not really relevant.  Either the First Amendment allows these speech restrictions or it doesn’t.  In general, a law that violates the Constitution can’t be upheld because the law produces good outcomes (or because its invalidation would produce bad outcomes).  

One of the central lessons of the Bush era should have been that illegal or unconstitutional actions — warrantless eavesdropping, torture, unilateral Presidential programs — can’t be justified because of the allegedly good results they produce (Protecting us from the Terrorists).  The “rule of law” means we faithfully apply it in ways that produce outcomes we like and outcomes we don’t like.  Denouncing court rulings because they invalidate laws one likes is what the Right often does (see how they reflexively and immediately protest every state court ruling invaliding opposite-sex-only marriage laws without bothering to even read about the binding precedents), and that behavior is irrational in the extreme.  If the Constitution or other laws bar the government action in question, then that’s the end of the inquiry; whether those actions produce good results is really not germane.  Thus, those who want to object to the Court’s ruling need to do so on First Amendment grounds.  Except to the extent that some constitutional rights give way to so-called “compelling state interests,” that the Court’s decision will produce “bad results” is not really an argument.

More specifically, it’s often the case that banning certain kinds of speech would produce good outcomes, and conversely, allowing certain kinds of speech produces bad outcomes (that’s true for, say, White Supremacist or neo-Nazi speech, or speech advocating violence against civilians).  The First Amendment is not and never has been outcome-dependent; the Government is barred from restricting speech — especially political speech — no matter the good results that would result from the restrictions.  That’s the price we pay for having the liberty of free speech.  And even on a utilitarian level, the long-term dangers of allowing the Government to restrict political speech invariably outweigh whatever benefits accrue from such restrictions.

I’m also quite skeptical of the apocalyptic claims about how this decision will radically transform and subvert our democracy by empowering corporate control over the political process.  My skepticism is due to one principal fact:  I really don’t see how things can get much worse in that regard.  The reality is that our political institutions are already completely beholden to and controlled by large corporate interests (Dick Durbin:  ”banks own” the Congress).  Corporations find endless ways to circumvent current restrictions — their armies of PACs, lobbyists, media control, and revolving-door rewards flood Washington and currently ensure their stranglehold — and while this decision will make things marginally worse, I can’t imagine how it could worsen fundamentally.  All of the hand-wringing sounds to me like someone expressing serious worry that a new law in North Korea will make the country more tyrannical.  There’s not much room for our corporatist political system to get more corporatist.  Does anyone believe that the ability of corporations to influence our political process was meaningfully limited before yesterday’s issuance of this ruling?

I’m even more unpersuaded by the argument — seen in today’s New York Times Editorial — that this decision will “ensure that Republican candidates will be at an enormous advantage in future elections.”  What evidence is there for that?  Over the past five years, corporate money has poured far more into the coffers of the Democratic Party than the GOP — and far more into Obama’s campaign coffers than McCain’s (especially from Wall Street).  If anything, unlimited corporate money will be far more likely to strengthen incumbents than either of the two parties (and unlimited union spending, though dwarfed by corporate spending, will obviously benefit Democrats more).  Besides, if it were the case that this law restricts the ability of Republicans far more than Democrats to raise money in election cycles, doesn’t that rather obviously intensify the First Amendment concerns?

Then there’s the always intellectually confused discussions of stare decisis and precedent.  It’s absolutely true that the Citizens United majority cavalierly tossed aside decades of judicial opinions upholding the constitutionality of campaign finance restrictions.  But what does that prove?  Several of the liberals’ most cherished Supreme Court decisions did the same (Brown v. Bd. of Education rejected Plessy v. Ferguson; Lawrence v. Texas overruled Bowers v. Hardwick, etc.).   Beyond that, the central principle which critics of this ruling find most offensive — that corporations possess “personhood” and are thus entitled to Constitutional (and First Amendment) rights — has also been affirmed by decades of Supreme Court jurisprudence; tossing that principle aside would require deviating from stare decisis every bit as much as the majority did here.  If a settled proposition of law is sufficiently repugnant to the Constitution, then the Court is not only permitted, but required, to uproot it.

Ultimately, I think the free speech rights burdened by campaign finance laws are often significantly under-stated.   I understand and sympathize with the argument that corporations are creatures of the state and should not enjoy the same rights as individuals.  And one can’t help but note the vile irony that Muslim “War on Terror” detainees have been essentially declared by some courts not to be “persons” under the Constitution, whereas corporations are.

But the speech restrictions struck down by Citizens United do not only apply to Exxon and Halliburton; they also apply to non-profit advocacy corporations, such as, say, the ACLU and Planned Parenthood, as well as labor unions, which are genuinely burdened in their ability to express their views by these laws.  I tend to take a more absolutist view of the First Amendment than many people, but laws which prohibit organized groups of people — which is what corporations are — from expressing political views goes right to the heart of free speech guarantees no matter how the First Amendment is understood.  Does anyone doubt that the facts that gave rise to this case — namely, the government’s banning the release of a critical film about Hillary Clinton by Citizens United — is exactly what the First Amendment was designed to avoid?  And does anyone doubt that the First Amendment bars the government from restricting the speech of organizations composed of like-minded citizens who band together in corporate form to work for a particular cause?

What is overlooked in virtually every discussion I’ve seen over the last 24 hours is how ineffective these campaign finance laws are.  Large corporations employ teams of lawyers and lobbyists and easily circumvent these restrictions; wealthy individuals and well-funded unincorporated organizations are unlimited in what they can spend.  It’s the smaller non-profit advocacy groups whose political speech tends to be most burdened by these laws.  Campaign finance laws are a bit like gun control statutes:  actual criminals continue to possess large stockpiles of weapons, but law-abiding citizens are disarmed. 

In sum, there’s no question that the stranglehold corporations exert on our democracy is one of the most serious and pressing threats we face.  I’ve written volumes on that very problem.  Although I doubt it, this decision may very well worsen that problem in some substantial way.  But on both pragmatic and Constitutional grounds, the issue of corporate influence — like virtually all issues — is not really solvable by restrictions on political speech.  Isn’t it far more promising to have the Government try to equalize the playing field through serious public financing of campaigns than to try to slink around the First Amendment — or, worse, amend it — in order to limit political advocacy?  

There are few features that are still extremely healthy and vibrant in the American political system; the First Amendment is one of them, and the last thing we should want is Congress trying to limit it through amendments or otherwise circumvent it in the name of elevating our elections.  Meaningful public financing of campaigns would far more effectively achieve the ostensible objectives of campaign finance restrictions without any of the dangers or constitutional infirmities.  If yesterday’s decision provides the impetus for that to be done, then it will have, on balance, achieved a very positive outcome, even though that was plainly not its intent.

 

UPDATE:   I want to add one other point just to underscore how irrational, discriminatory and ineffective these political speech restrictions are.  The invalidated statute at issue here exempted media corporations — such as Fox and MSNBC — from these restrictions, since the Government obviously can’t ban media figures from going on television and opining on elections (the way they do all other corporations).  But as Eliot Spitzer noted when urging the Supreme Court to strike down this law (h/t David Sirota), what possible justification is there for allowing News Corp. and GE to say whatever they want about our elections while banning all other corporations (including non-profit advocacy groups) from doing so?

As an elected official who often tangled with wealthy corporations, I recognize that there is a superficial appeal in the prospect of being able to silence their political voices. Of course that is precisely why the First Amendment protects them and why I find myself sympathetic to the First Amendment absolutists in this case. What distinguishes what Citizens United did and what Bill O’Reilly on Fox News — Rachel Maddow on MSNBC — does every day? Fox and MSNBC are corporations bombarding the airwaves with political rhetoric, from the right and left, that is as close to “electioneering communications” as anything I can imagine. The McCain-Feingold statute excluded “media companies” from its limitations, a distinction that makes no logical sense. The constitutionality of Citizens United’s speech should have nothing to do with what else may or may not go on at the corporation it is part of.

That’s what restrictions on political speech almost always do:  whether intended or not, they favor the views of certain factions while suppressing others.  In this case, it allowed the views of News Corp., GE, and Viacom to flourish (through their ownership of media outlets) while preventing the ACLU and Planned Parenthood from speaking out.  As Spitzer said:  that is precisely why the First Amendment bars such government efforts to restrict political speech.  It is virtually always best — and Constitutionally mandated — for the Government to stay out of the business of trying to restrict and regulate political advocacy.

 

UPDATE II:  For those who believe that “money is not speech,” I’d be interested in your answers to these questions.

As for the question of whether corporations possess “personhood,” that’s an interesting issue and, as I said, I’m very sympathetic to the argument that they do not, but the majority’s ruling here did not really turn on that question. That’s because the First Amendment does not only vest rights in “persons.” It says nothing about “persons.” It simply bans Congress from making any laws abridging freedom of speech.

 

UPDATE III:  A follow-up to the comment section discussion is here.

Glenn Greenwald

Follow Glenn Greenwald on Twitter: @ggreenwald.

D.C. firm inks lucrative public-relations contract with Bahrain

As the Gulf monarchy cracks down on an international aid group, it hires Qorvis for $40,000-per-month P.R. job

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D.C. firm inks lucrative public-relations contract with BahrainA Shiite Bahraini woman gestures as others shout anti-government slogans outside a public forum Saturday, July 23, 2011, outside a religious community center in Sanabis, Bahrain, denouncing the alleged destruction and vandalizing of Shiite mosques, community centers and cemeteries during a government crackdown on a largely Shiite spring uprising. Clerics who spoke during the meeting, blamed Saudi Arabia for targeting religious sites, because they allegedly distrust their own Shia minority and sent forces to help quell the Bahrain uprising. (AP Photo/Hasan Jamali)(Credit: AP)

Bahrain is in the news again, this time for what appears to be the comically evil persecution of the humanitarian group Doctors Without Borders.

So, naturally, the ruling monarchy of the Gulf nation has hired a top Washington public relations firm to burnish (or attempt to salvage) its image, according to a new foreign agent registration filing. Qorvis Communications will be paid $40,000 per month, plus expenses, for the public relations work, according to a contract submitted to the U.S. Department of Justice.

Here is the latest on the events in Bahrain, where the Sunni regime’s crackdown on a Shia protest movement is now focusing on prosecuting or harassing those — including doctors — who came to the aid of protesters back in the spring:

The trouble for the group — which is also known by its English name, Doctors Without Borders — started about a week ago. Activists say a young man who had been protesting in his village was hit in the head at close range by police firing a tear-gas canister.

The protester went to the MSF office in the capital, Manama. Owing to the severity of his injuries, an ambulance was called, and the patient was taken to the hospital. On July 28, the next day, 14 police vehicles pulled up to the MSF office. Authorities raided the building and reportedly took away furniture, medicine and patient files — and arrested the group’s local driver, Saeed Mahdi.

Now, the rented villa that used to house the MSF office is locked up and empty.

Qorvis distributed a statement to American journalists writing about the incident, with the Bahrain Health Ministry claiming that Doctors Without Borders “was operating an unlicensed medical center in a residential apartment building.”

Qorvis, which promises clients “integrated strategies to help you tell your story better,” did not immediately respond to a request for comment about its work for Bahrain. The contract is signed by Qorvis partner Matthew Lauer, who was previously a public diplomacy official in the Bush State Department and a spokesman for the South Carolina Democratic Party.

Earlier this year Huffington Post reported that several Qorvis partners had departed the firm because, in the words of one unnamed insider, “I just have trouble working with despotic dictators killing their own people.” Qorvis had previously worked for Bahrain through another PR firm, Bell Pottinger.

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Justin Elliott

Justin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin

Poll: Public sides with Obama on deficit

The potentially catastrophic effects of a default are finally sinking in with Americans

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Poll: Public sides with Obama on deficitIn this July 14, 2011, file photo, President Barack Obama sits with House Speaker John Boehner of Ohio, House Minority Leader Nancy Pelosi of California, House Majority Leader Eric Cantor of Virginia, as he meets with Republican and Democratic leaders regarding the debt ceiling in the Cabinet Room of the White House in Washington, Thursday, July 14, 2011. Obama's decision to haul lawmakers in day by day to negotiate a debt deal comes down to reality: He has no other choice. The president has essentially cleared his agenda to deal with one enormous crisis. (AP Photo/Charles Dharapak)(Credit: AP)

Most Americans want to see a compromise on the debt ceiling, according to a new NBC/Wall Street Journal poll.

62 percent of self-identified Democrats said they would want Democratic leaders in the House and Senate to make compromises to gain consensus on the current budget debate, while only 43 percent of Republicans want to see their party leaders concede some of their positions. However, around 70 percent of independent respondents said they wanted to see both parties compromise.

The poll results, released Tuesday show that 55 percent of respondents think that failing to raise the debt ceiling would be “a real and serious problem,” while only 18 percent said it would not be. This contrasts starkly to results gleaned from a Gallup survey in May, in which 47 percent of people said they would want Congress to vote against raising the debt ceiling.

Meanwhile, support for President Obama’s proposal for lowering the deficit significantly trumps that for Republican proposals: 58 percent of NBC/WSJ poll respondents said they preferred Obama’s suggestions to lower the federal deficit by $4 trillion over 10 years by cutting federal spending, raising tax revenue from the wealthy and reducing some Medicare spending. Contrastingly, only just over a third prefer the House Republican proposal to reduce the deficit by $2.5 trillion over 10 years through cutting spending alone and not raising additional revenues.

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Natasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com

Lobbyists are overtaking Congress

Since the GOP takeover, the number of lobbyists in congressional staff positions has more than doubled

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Lobbyists are overtaking Congress

(Updated below)

A new report from the Center for Responsive Politics (CRP) looks at the pervasiveness of former lobbyists now working in congressional staff positions. The number of former lobbyists in Congress has more than doubled between the last Congress and the current one, with a significant partisan skew. In the current 112th Congress, 79 former lobbyists work for Republicans while 48 for Democrats; during the Democratic-led 111th Congress (which ran from 2009-2010), 33 worked for Democrats, while 27 worked for Republicans.

The report, titled “From Hired Guns to Hired Hands: ‘Reverse Revolvers’ in the 111th and 112th Congresses,” is available in full here and has a number of noteworthy takeaways:

  • 60 former lobbyists worked in critically important staff positions in the 111th Congress, 128 former lobbyists can be found working in the same positions in the 112th Congress.
  • The House Energy and Commerce and the House Financial Services committees have the highest cumulative number of former lobbyists employed by their members. The lobbyists of certain companies may be highly desirable to members of Congress serving on committees that handle legislation of concern to these companies. AT&T alone has six former lobbyists who at one point lobbied on behalf of AT&T and now work for senators or representatives sitting on the Senate or House committees related to energy and commerce.
  • 50 former finance sector lobbyists work in the 112th Congress, as do 44 former telecommunications sector lobbyists and 40 former healthcare industry lobbyists. Meanwhile, only seven former labor lobbyists occupy these congressional staffer positions.
  • Certain companies — particularly telecommunications, healthcare and defense contracting firms — are well-represented in the portfolios of former lobbyists now working on Capitol Hill. CRP notes a particular example involving Lockheed Martin. “Charles Kinney, currently working for Sen. Joe Manchin (D- W.Va.), lobbied on behalf of Lockheed in 2004… Now, Kinney is deputy chief of staff and general counsel for Manchin, who currently sits on the Senate Armed Services Committee, as well as the Senate Budget Committee” reads the report. [Update: a representative from Manchin's office informs us that Kinney stopped working for Manchin in May. He was still staffer for the senator at the time of CRP's research]

What does this all mean? As CRP is careful to note, there are numerous reasons why lobbyists might take congressional staffer jobs. “For some people,” the report states, “working in government is exciting, fulfilling work, where the psychic rewards make up for the smaller paycheck. In other cases, people may have lost lobbying jobs due to the poor economy and find the Hill to be a place where their expertise and skills are highly valued.” However, the K Street/Congress revolving door could well spin into concerning territory, as the report concludes:

It may, plausibly, be the case that these individuals are able to keep the wishes of their former clients separate from the wishes of the constituents their bosses represent. But it may also be the case that these former lobbyists are now in the position to exercise considerable sway over everything from policy outcomes to government contract decisions and anti-trust decisions. Particularly where the issues are complicated and do not drive significant constituent interest, former clients of ex-lobbyists now working in Congress could be well placed to reap the rewards of enhanced access and deeper connections into government’s legislative branch.

 

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Natasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com

Shariah law instituted steps from the White House!

Predicting an overblown right-wing outrage

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Shariah law instituted steps from the White House!Do I spot crescents in this CityCenterDC promotional brochure?

There is a giant real estate development happening in downtown Washington, D.C., near the White House, on the site of the old convention center. Boring news for non-D.C. residents. But I’m willing to bet that the CityCenterDC complex — office space, retail, condos, your standard massive downtown “revitalization” project — will soon be very interesting to a lot of people who don’t live in the area. Not because anyone cares about urban land-use issues, but because of one of the project’s investors: Muslims.

The Washington City Paper noticed a bombshell buried at the bottom of a New York Times piece:

Even before the Qatari investors became involved, Hines and Archstone determined that leasing to banks would not help them create lively shopping streets, Mr. Alsup said. But as it happened, their hesitancy on bank branches meshed with the policies of their financial partners, who adhere to the restrictions of Shariah, or Islamic law, including the ban on collecting interest. Restaurants will be able to serve liquor, but retailers whose primary business involves selling alcohol will not be allowed, Mr. Alsup said.

That’s right: Shariah law, a stone’s throw from the U.S. Capitol. I am assuming the Times just neglected to mention that in addition to banning bars from the complex, all women will be required to wear the niqab, and obviously all infidels will be murdered, while shopping at the Apple store or whatever ends up there. And no dancing!

What’s astounding is that as far as I can see, Matt Drudge hasn’t picked this up. Pamela Geller hasn’t written a lengthy screed about it. Robert Spencer has not weighed in. No one at the Corner has mocked liberals for mocking the threat of creeping Shariah. Get on it, guys! SHARIAH LAW HAS BEEN IMPOSED IN WASHINGTON!

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

What line between civilian and military authority?

An increasingly powerful Pentagon is taking over the culture of Washington

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What line between civilian and military authority?U.S. President Barack Obama meets with troops at Bagram Air Base, December 3, 2010.

I have a fairy tale for you. Once upon a time, a representative democracy was established with a constitution that distilled the wisdom of the ages. Its foundational principles included civilian control of the military and a system of checks and balances that encouraged vigorous public debate as a basis for effective policy-making.

In this fabled land, the role of civilian leaders was, in part, to serve as a check on military ambition and endless wars. They were to prove cautious, too, in committing their citizen-soldiers to battle, and when they did, they would issue Congressional declarations of war so that everyone could grasp the nature of the national emergency at hand and the necessity of military action. In waging war, they would rely on shared sacrifice and even raise taxes. When necessary, it was their job to rein in or even remove military leaders who acted like Caesar (read: General Douglas MacArthur) rather than Cincinnatus (read: General George Washington).

Yes, you’ve guessed it: It’s not a fairy tale, or at least not completely. It’s the United States — an older America that, despite a decidedly checkered and often imperial past, was nevertheless proud of its reluctance to fight, but steadfast in its commitment to win once it decided that battle was the course of action. Even then, this America remained resolute in its reluctance to embrace a military ethos or bow down before military gods, committed as it was to civilian primacy and the avoidance of a large standing army.

Paradoxically, the last vestiges of this America could still be seen some 50 years ago under President Dwight D. Eisenhower, himself a retired five-star general, who tried with varying degrees of success to limit defense spending, and who famously warned in his farewell address in 1961 of the dangers of a surging “military-industrial complex.”

And leaping forward almost four decades, here’s another paradox for you: prior to September 11, 2001, what many leading pundits and commentators fretted most about was an alleged widening gap between American civilians and their now all-volunteer military. In 1997, Wall Street Journal Pentagon correspondent Tom Ricks typically worried about an all-volunteer military that saw civilians as privileged and flabby, increasingly considered itself a breed apart, and held the public it served in contempt.

Concerned as well was Richard Kohn, former chief historian of the U.S. Air Force. In a special lecture to Air Force Academy cadets in 1999 on “the erosion of civilian control of the military in the United States today,” Kohn worried about a military that openly disrespected President Bill Clinton, its commander-in-chief, even as it meddled in areas like policy-making for which it was not suited and from which it had been excluded by the Constitution.

How times have changed. In the post-9/11 world, a far more insidious problem confronts us. That gap, if it ever existed, is no more. Instead, at the highest levels, what’s civilian and what’s military are increasingly difficult to tell apart as the two spheres blur and blend. Today, civilian control of the military is largely a principle without a meaning, while inside Washington’s Beltway, even with a scorecard it’s hard to tell the players apart.

In the process, the military has gained a kind of unspoken and distinctly un-American primacy. Put another way, after a decade-long budgetary feeding frenzy, the Pentagon has soared, while an eclipsed Department of State, all those civilian diplomats, has been left to eke out a living on budgetary scraps or, as in Iraq today, arm and militarize itself. State, in other words, has become a remora clinging to the predatory shark that is the Department of Defense.

Large and small, symbolic or otherwise, signs of this civil-military blending (with the military significantly running the show) can be found almost anywhere you look. Civilian presidents regularly appear in military flight gear or jackets, as George W. Bush famously did before his “Mission Accomplished” speech on the deck of the U.S.S. Abraham Lincoln in 2003 and as President Obama did on a visit to U.S. troops in Afghanistan in 2010. Military leaders are now regularly put in charge of previously civilian intelligence agencies, as in the case of General David Petraeus, now nominated to leave the Afghan battlefield and become director of the Central Intelligence Agency.

Civilian agencies now militarize themselves and wage war (as the CIA has done or is doing in various drone wars in the Greater Middle East, often in conjunction with the military). America’s part-time citizen-soldiers have morphed into full-time warriors and warfighters, if not the equivalent of foreign legionnaires. America’s civilian embassies continue to morph into so many militarized fortresses protected by armed mercenaries. And above all, among policy arguments in Washington, whether you’re a civilian official or a military one, the choices are increasingly between militarized alternatives — say, counterinsurgency versus counterterror — with that most civilian of all options, peace, not even on that “table” where officials eternally claim that all options are placed.

At the same time, a new civic religion at whose heart is military-worship implores us to “support our troops” (without any concomitant call to uphold our laws and our Constitution). And even as ordinary Americans express serious doubts about the wisdom and cost of an open-ended commitment to Afghanistan — 64 percent of Americans don’t believe the Afghan war is worth fighting, and 73 percent would prefer sizable withdrawals of U.S. troops this summer, according to a recent Washington Post/ABC News poll — the Pentagon continues to prepare for a future of “two, three, many Afghanistans,” as Michael Klare, defense correspondent for the Nation magazine, noted in April 2010.

Clearly, if we’re not careful, the civilian and military will become the Washington equivalent of Siamese twins, co-joined at the head and, however bitter their internecine arguments, sharing the same underlying militarized thought processes.

Militarism Run Rampant

To separate such twins is a dicey thing, medically speaking, and no less so politically when the lines between civilian and military authority are being so rapidly erased. Make no mistake, as President Obama is wont to say, the impact of this erasure has been devastating.

It’s both sensible and logical to argue that our president and elected representatives must serve as a check on the military establishment, rather than issuing blank checks to them. It’s both sensible and logical to argue that all wars, as required by the Constitution, must have a Congressional declaration before American troops and treasure are committed. It’s both sensible and logical to argue that, as good as our military is, it ultimately can’t win someone else’s civil war (Iraq) or nation-build in a place where the concept of “nation” is little more than notional (Afghanistan).

Sensible and logical, yes, but such arguments have been made — and roundly ignored. They aren’t given the time of day among serious policy types in Washington, where to question the efficacy and legitimacy of the forces and tactics being used is simply not acceptable. Sharing one brain and one ethos means being incapable of grasping one’s own militarized rigidity or truly recognizing the perils that have been unleashed on this nation.

There’s a word for this disease, even if after all these years it remains remarkably foreign to American ears: militarism. When Americans think of that word, they tend to conjure up images of fanatical jackbooted Nazis or suicidal Japanese kamikazes, and so the concept seems eminently dismissible. But militarism also describes a situation in which a country’s civil society and political culture are permeated to the point of dominance by military attitudes and values — an undeniable fact of life, I would argue, in America today.

Militarists see war as productive, as offering solutions rather than posing problems. They see it as heroic. (President Bush famously waxed poetic about the “exciting” and “romantic” nature of fighting in Afghanistan.) When wars are romanticized as action-packed tests of a nation’s warriors, cuts to war spending are naturally seen as perfidiously unpatriotic — as kneecapping those same heroes. Hence our ever-growing “defense” budgets, even as a sledgehammer of a national debt hobbles America’s economic vitality and social security.

The end result of this militaristic mindset is a garrison state, constantly girding itself for national security crises, real or perceived, as in the last decade’s open-ended and frantic “war on terror.”

A singular danger of such a mindset, as pointed out by Laurence Radway in a telling article on “militarism” in the “International Encyclopedia of the Social Sciences,” is that militarists, unable to select means appropriate to true defense needs, end up jeopardizing the very national security they say they’re seeking to safeguard. By exaggerating threats, defining all responses to those threats in military terms, dismissing dissenters as weak and deluded (even when they prove right), and being incapable of questioning their principles, they repeat the same mistakes again and again.

Until Americans turn away from militarism and learn again how to “support our Constitution” more than our troops (and don’t worry: those troops swear an oath to that very Constitution), until we return to a broader vision of national security that deemphasizes a garrison mentality, we will continue to wound, perhaps mortally, a once great republic.

And that’s no fairy tale, it’s a fact.

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William J. Astore is a retired lieutenant colonel. He has taught cadets at the U.S. Air Force Academy, officers at the Naval Postgraduate School, and currently teaches at the Pennsylvania College of Technology. He is the author of "Hindenburg: Icon of German Militarism," among other books. He may be reached at wastore@pct.edu.

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