Theatrically Numb: Ford, Kavanaugh, and the Limits of Political "Performance"

I.

If public morality continues to be tossed around like a political football – as it has long been – then morality will become (or, perhaps more accurately, remain) nothing more than gloss. We will be compelled to look at public moral stances as utterly divorced from private moral conduct and merely a role that one plays to delude those too stupid to see past the charade.

Two decades ago, when Republicans got on their high horses to denounce Bill Clinton’s conduct, they counted among their ranks several adulterers (some serial) and an actual child molester (Dennis Hastert), whom they saw fit to elevate to a leadership role. A few years prior to that, Democrats grilled Clarence Thomas over sexual harassment claims while allowing Ted Kennedy – who allegedly sexually assaulted a waitress – to remain an elder statesman. One of Thomas’s more vocal critics (Brock Adams) would find himself accused of multiple sexual assaults not long thereafter.

How can one not read outrage as mere opportunism?

II.

And yet, at the same time, motive isn’t everything*. Truth may be weaponized and exploited, but it is ultimately its own side. That Clinton-era congressional Republicans were hypocrites does not “prove” that Clinton’s accusers were not telling the truth. That Christine Blassey Ford’s accusations are being used to achieve nakedly partisan ends does not “prove” that they are untrue, either. If every member of Congress up and vanished (one can always hope, right?), then what happened or did not happen should remain fundamentally unchanged.

III.eli

Speaking of proof, a mere accusation is not and should not ever be construed as evidence. For those who see a higher evidentiary burden as an impediment to justice, bear in mind that, as per the Innocence Project, eyewitness testimony absent corroborating physical evidence is one of the leading causes of wrongful convictions nationwide. That testimony needn’t be intentionally fabricated to be problematic. As Dr. Elizabeth Loftus has noted, our memories can be surprisingly malleable.

I believe that Dr. Ford is not lying. I do not think that she would invite intense public scrutiny (to say nothing of death threats) over a contestable fabrication. I do not think she is a skillful enough actress to convincingly perform a scripted recollection. I believe that her pain is genuine, that she deserves our empathy and respect, and that her claim should be taken seriously.

At the same time, she has not proven anything.

IV.

Of course, criminal procedure and public perception do not operate by the same rules and expectations. We should need more than just someone’s word to sustain a criminal conviction. However, the same cannot be said for our ability to form suspicions.

Within the current context, it makes no sense for there not to be a Kavanaugh investigation. Such an investigation would at least present an opportunity to either corroborate Ford’s claims or exonerate Kavanaugh, and it would almost have to be handled with more professionalism than yesterday’s circus of a hearing.

V.

Just as years of two-faced moral posturing have brought us to the point where we see morality as performative, the calculating nature of political theater is conditioning us to view humanity the same way. One can look at either Kavanaugh’s angry flare-up and Lindsey Graham’s attendant outrage or the tears shed by Ford and others and assume manipulative intent. After all, someone gains from those displays.

And yet, when we reduce political actors to blue and red chess pieces, we stop seeing them as people. Discussing sexual assault, especially in such a public setting, seems like it would inherently upsetting, as would listening to it being described. Why wouldn’t there be tears? And why wouldn’t being accused of such an assault lead to anger?

Thus, we’ve arrived at a vicious cycle: we assume, not without merit, that politicians and those connected to our political system are constantly lying to us, that we as voters are reduced to pawns, which then leaves us jaded and infuriated to the point where we dehumanize those we believe to be pulling our strings, which in turn leaves them wondering what theatrics are needed to keep our donations and our votes.

“Putting politics aside for a minute” is an appeal to futility, but let us pretend that there does exist a viable course of action. It might look something like this:

Postpone any further action on Kavanaugh’s nomination (Republicans, having held up Merrick Garland’s nomination, are in no position to object to a delay) and conduct an investigation. If the investigation exonerates Kavanaugh, the Senate can vote to confirm him. If evidence emerges that supports the allegations against him, prosecute him to the fullest extent of the law. No matter the outcome, some will gripe about “the system being broken,” but we can at least say that we have neither ignored yet another victim nor let trial-by-media prevail.

*Speaking of motive, for those who impugn Ford’s, a question: given Democrats’ reflexive hostility toward all things Trump, why would it take this long for a Trump nominee to face these allegations? Why, if there is no merit to them and they are that easy to fabricate, would they have not fallen on Justice Gorsuch or any number of high-level administration officials? 

On Privilege and Its Limitations

I.
There is longstanding resistance, by no means exclusively but certainly pronouncedly, among straight white cisgender men to the notion of privilege. After all, from Oprah to Omarosa to Obama, there are examples of people who don’t check those boxes who have nevertheless achieved positions of prominence, power, and prestige. For straight white cis men who do not occupy such positions, the suggestion that they are privileged must seem like a cruel joke. Wherein lies privilege for someone experiencing poverty (to say nothing of various physical and mental health issues for which whiteness and maleness are not cure-alls)? And for those who have labored long and hard and perhaps escaped or avoided poverty, privilege and its implications (namely, that such efforts are inconsequential given the preferential treatment conferred by race and gender) must seem incredibly belittling. In short, why accept something you see no evidence of, especially when the facts of your life seem to run contrary to it?

Privilege, however, can best be understood not by what we see but rather by what we do not see. If you are straight, white, and cis and you grow up surrounded by those who are straight, white, and cis, you are going to register straight, white, and cis as the default. Queer, gay, black, brown, and any other identity that you do not share effectively becomes “other.” Please note that this does not necessarily require any overt malice on your part. You can be a tolerant person who does not consciously practice bigotry, but the extent to which you have normalized your identity will inform your perspective.

Now imagine a society that has undergone a similar normalization. Imagine entering this society as an “other.” Might your perspective be different? Might you notice things as a member of an outgroup that you would not as a member of an ingroup? When you say that you don’t see privilege or evidence thereof, is this because it doesn’t exist or because you lack the lens with which to view it?

Another possible reason why straight white cis men may be resistant to privilege is that they overstate its implications. Privilege can best be understood as probability: the likelihood that some aspect of identity increases the chances of a favorable outcome or decreases the chances for an unfavorable one based on societal attitudes. For example, according to The Washington Post, 68 unarmed people (a problematic number in that someone can be unarmed yet still violent, but that is neither here nor there) were shot and killed by police in 2017. Of those 68, 30 were white and 20 were black. There are substantially more white people than black people in the United States. Despite this, if you are black and unarmed, you face a greater likelihood of being killed by police than if you are white and unarmed. If you are white, these increased odds of survival are indicative of the privilege that you hold. It does not mean that having white skin makes you bulletproof or removes you from harm. It does not mean that having black skin guarantees that you will be shot. All it means is that the odds favor you. To check your privilege, therefore, is to simply demonstrate awareness of this.

I am a straight, white, cisgender man. While I am a religious minority (Jewish), my identity otherwise conforms to what society at large treats as the default. When I acknowledge my privilege, I acknowledge that my status as part of that default may have improved my chances of receiving favorable outcomes or avoiding unfavorable outcomes. It does not mean that I did not work hard for what I have (I spent two years of my life holding down three jobs at a time) or that I am not deserving of it. It does mean that by virtue of the perspective I have, there may be challenges and barriers that I am not privy to because they do not impact me directly. As such, when others who don’t share my identity speak of these challenges, I feel an obligation to at least hear them out. To do otherwise would be the equivalent of burying my head in the sand. It would also make me an asshole. If you too are a straight, white, cisgender man and your impulse is to respond to discussions of privilege with an eye-roll and a denial, I would encourage you to either reconsider that response or seek a nice, cozy beach with adequate space for your noggin.

II.
Then again, that would have to be a very large beach. Privilege, if you recall, is a measure of how likely someone is to experience favorable or unfavorable outcomes based on an aspect of one’s identity. While that encompasses a lot, discussions of privilege tend to be narrow to the point of myopic, focusing predominately on race and gender in a very broad “societal” sense. On the one hand, it makes sense to place emphasis on an area where you believe the stakes to be highest. On the other hand, however, making that your exclusive focus is disingenuous. After all, privilege is contextual.

We tend to understand this in a geopolitical sense. In Malaysia, a form of Malay supremacy is written into the nation’s constitution. An ethnically Malay person living in Malaysia enjoys both explicit and implicit privileges. Yet if that person were to immigrate to the United States, said privileges would be lost. That same person may move from a culturally dominant position in one country to a disadvantaged position (owing to anti-Asian stereotypes) in another. The privilege conferred changes with the context.

This is hardly an international phenomenon. A straight, white, male Christian college student may benefit from the privileges conferred by those identifiers in America at large but not necessarily within the narrower context of the college that he attends. At an institution such as Liberty, his status as a member of a culturally dominant group is sustained if not significantly amplified. But at an institution such as Evergreen State, that status is lost.

Herein lies a point of contention. When calls are made for people to check their privilege, it is often only the broader societal privilege that is invoked. Limiting the scope in this manner overlooks privilege’s malleability. A refusal to acknowledge contextual privilege – or the loss thereof – is decidedly ignorant if not also hypocritical and self-serving.

III.
Not only does the sole focus on societal privilege ignore the way that it is shaped by context, but it also tends to ignore the idea that multiple (often asymmetrical) privileges can and do exist simultaneously.

TRIGGER WARNING: Sexual Assault

While numbers differ from source to source (and while male victimization is most likely underreported), there is broad consensus that women are considerably more likely to be sexually assaulted than men. Male privilege can be found not only in this disparity but also in a number of attendant issues: victim blaming/victim shaming, ineffective or indifferent law enforcement responses, and so on. Men who resist this truth (“But I haven’t assaulted anyone”) are mistaking the nature of privilege. It isn’t about what you have or have not done; it is about what you are more or less likely to experience based on aspects of your identity.

But while women are more likely to be sexually assaulted, women are less likely to be falsely accused of sexual assault. This is an example of an asymmetrical privilege: the number of sexual assaults greatly exceeds the number of false accusations thereof. However, that is cold comfort to those who have been wrongfully convicted and imprisoned (often men of color, such as Ronald Cotton or Daryl Hunt) or threatened with castration. If male privilege is signified by being unburdened by the possibility of being assaulted, being deprived of justice, and having one’s character assassinated, then female privilege is likewise signified by not having to worry about being falsely accused and treated as guilty until proven innocent.

This is not a contradiction. Privilege is not an either-or. The same aspect of one’s identity can increase one’s likelihood for positive outcomes in one regard and likelihood for negative outcomes in another. When we discuss privilege, we should acknowledge this complexity. However, we should also acknowledge its asymmetry. “Everyone is privileged in some way” may be true, but that does not take into account the sometimes-substantial differences between those privileges.

IV.
Of course, denying privilege is only part of the problem. Privilege can be and often has been distorted. As mentioned above, privilege is probability. It is not destiny. To assume that an outcome is necessarily the result of favored/disfavored group status, absent an examination of other factors, is intellectually lazy. When we try to elevate privilege from a predictor of probability to a granter of certainty, we demonstrate a form of narrative bias, a logical fallacy that involves ignoring or downplaying information that runs contrary to the cultural narratives that we’ve accepted. Assigning people the roles of victim and oppressor makes us resistant to all of the ways that they may not be.

Privilege exists, and it has for some time. The discussions of recent years give only a new definition to an old problem. Taken constructively, these discussions can serve as a reminder of the work that remains to be done in producing a fairer society (1). But when privilege is ignored when inconvenient or distorted, the result is a form of self-righteous grievance-mongering that accomplishes nothing save for the alienation of those who most need to hear the message.

(1) I am a libertarian, and I have approached this issue from that perspective. If your reluctance toward confronting privilege stems from the belief that it is a “Marxist” construct, please consider the ways in which the state actively screws people of color: a failed and discriminatory (see crack vs. powder cocaine sentencing disparity) War on Drugs, costly mass incarceration, law enforcement’s shoot-first reaction to the invocation (actual or suspected) of Second Amendment rights, and so on. Eliminating these destructive practices would be consistent with limited government conservativism while striking a blow against entrenched white supremacy.

Charlottesville and the Flood of (Mostly Bad) Ideas

In the wake of tragedy, everyone is an expert and nobody is. "Expertise," it seems, is limited to repeating existing beliefs and prescriptions with the volume turned up higher. If there is one positive to emerge from that, it is that dumb and pernicious ideas are more likely to be exposed rather than lingering under the radar. Here are but a few to emerge after this weekend's brutal display in Charlottesville:

Dumb Takes

The Take: The Unite the Right Rally wasn't about hatred. It was about honoring white cultural heritage and protesting its erasure.

Who Said It: Peter Cvjetanovic, a student protester at the rally.

The Rationale: Robert E. Lee is an important figure in Virginia history. Acknowledging this does not make one a racist. Taking a stand against the erasure of history does not make one a Nazi.

Why It's Still Dumb: Robert E. Lee may be an intrinsic part of Virginia history, but he is a poor representation of white cultural heritage writ large. After all, he led forces that killed thousands of white men and defended an institution that plenty of white Americans opposed. When out-of-staters like Cvjetanovic of Nevada (or worse, protesters from Union states such as the disgraceful logo-stealing Detroit Right Wings) try to claim Confederate figures like Lee as part of "their" heritage, it isn't a white Euro-American cultural heritage to which they are referring; its an ideological, white supremacist one. Moreover, while it is true that not everyone who attended the rally identified as a Nazi or Klansman, they allowed themselves to be used to racially propagandistic ends. Even Cvjetanovic acknowledges that the now-viral image of him chanting and carrying a torch has "a very negative connotation." That patently obvious connotation (and his indifference to it), coupled with the presence of avowed hate/white supremacist groups at the rally, makes "I'm not one of them" an untenable position to take.



The Take: Free speech does not protect hate speech. / It's OK to punch a Nazi.

Who Said It: Jeff Winder, who assaulted white nationalist rally organizer Jason Kessler.

The Rationale: Hateful speech endangers peoples' lives and must be stamped out. Those who hide behind the banner of hate deserve what they get.

Why It's Still Dumb: Free speech DOES protect hate speech. No such exemption exists in the Constitution, and the U.S. Supreme Court ruled in Brandenburg v. Ohio that the government cannot punish inflammatory speech. From a less legalistic perspective, it is worth remembering that one person's hate speech is another person's truth. We would not want our ideological opposites determining what is or what is not "hate" nor would they abide by our determination. It is also worth remembering that speech is not action. A word, no matter how ugly or obscene, is not a punch. A word is not a bullet. We are not justified in answering the former with the latter. The remedy to objectionable speech is more speech: condemnation, vilification, and scorn. (NOTE: As a Jewish man, I would probably find punching a Nazi to be viscerally satisfying, but neither that satisfaction nor the odiousness of my victim's views would make me right to do so. I would, however, invite him to heed the words of Jello Biafra).



The Take: “We condemn in the strongest possible terms this egregious display of hatred, bigotry and violence on many sides.”

Who Said It: President Trump, in his initial statement in response to the rally

The Rationale: Bigotry, hatred, and violence should be condemned regardless of who spreads it, and contrary to media narratives, the Alt Right is not the only faction spreading it.

Why It's Dumb: The Trump presidency does not exist within a vacuum. It exists within a specific context that Trump is (or at least should be) well aware of. This context includes the presence of Naziphiles like Sebastian Gorka within the Trump administration as well as white supremacist David Duke announcing that the rally will "fulfill the promises of Donald Trump." Based on that, Trump's initial refusal to condemn white supremacy specifically reads as an act of moral cowardice, at best. Furthermore, while it is certainly true that Antifa is violent, "on both sides" suggests a false equivalency. Only one ideology's adherents ran people down with a car or viciously beat a man in a parking garage, and it wasn't the Alt Left.

Dumb Memes

"This is What a Terrorist Looks Like"

The Rationale: Self-explanatory

Why It's Dumb: "This is what a terrorist looks like" would fit pictures of Dylann Roof and Timothy McVeigh and many other white mass murderers as well. However, it would also fit pictures of John Allan Muhammad,

Omar Mateen,

and several more who were not white. All of them are terrorists by virtue of the acts that they committed, and the "terrorist" label is apt. However, "this is what a terrorist looks like" invites hostility toward those with a passing resemblance. If "this is what a terrorist looks like" suggests to you scapegoating when applied to a man with brown skin but not a man with white skin, your own biases bear closer examination.

One Smart Take

The Take: "Keep your history before you." Do not sanitize the past. Confront it and learn from it.

Who Said It: Condoleeza Rice, former U.S. Secretary of State

Why It Makes Sense: Tearing down monuments makes for convenient martyrs. Leaving up monuments forces us to confront the legacy of the memorialized. Despite their prominence, monuments and named buildings are not automatic hagiography. Because of their prominence, they are learning opportunities. This is as true of Northern racists and virulent anti-Semites like Thomas Edison and Henry Ford and Stalin apologists and totalitarian propagandists like Paul Robeson as it is of Confederate defenders of slavery like Lee.

Trump's Immigration Ban Is a Perfect Storm of Wrongs

Life is often a minefield of quandaries. Fidelity to principle is pitted against the needs of the moment. Legal and procedural correctness clash with spiritual concerns. It is rare for these various gauges of right and wrong to output the same reading, but President Trump’s executive order on immigration is that unicorn of error, wrong in just about every way imaginable.

Legally Wrong

Trump’s order suspends immigrant and nonimmigrant entry into the U.S. by citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for 90 days and entry by Syrian refugees indefinitely. As Rep. Justin Amash (R-MI) and Cato Institute analyst David Bier have noted, the Immigration and Nationality Act of 1965, which abolished the old quota system, effectively banned discrimination against immigrants on the basis of national origin. Trump’s order is therefore illegal.

Logically Wrong

The order’s defenders have likened Trump’s ban to the Obama administration’s delay in issuing visas to Iraqi nationals in 2011. This is, of course, a fallacious comparison. Obama’s State Department slowed down processing in response to a concern that two individuals were improperly screened. At no time was a ban enacted.

However, a faulty analogy is hardly the only logical sin committed. In instituting the immigration ban, Trump gave his rationale as “protect[ing] American people from terrorist attacks by foreign nationals admitted to the United States.” Yet as per a Wall Street Journal study, of the 180 people charged or implicated in jihadist terror plots since 2001, only 11 hailed from the seven countries affected by the ban. In other words, the solution is largely unrelated to the problem it portends to solve. We English professors – and, almost anyone who’s taken a freshman composition course, really – have a term for this kind of dissociative nonsense: non-sequitur. It does not follow.

Ethically Wrong

Interestingly, the immigration ban omits countries whose nationals have been implicated in terror plots but who are partner to some of Trump’s business ventures. Trump as ethically conflicted is old hat, nor is he unique among politicians in that regard. But Trump prioritizing his self-interest at the possible (albeit by no means certain) expense of national security while simultaneously claiming to champion it is, at least until the next atrocity manifests itself, a new low.

Morally Wrong

The callousness of turning away those seeking refuge from war and conflict (despite the existence of a rigorous vetting system) speaks for itself. However, beyond merely shutting the door on Syrian refugees and freezing the issuance of new visas from the aforementioned countries going forward, Trump’s order also affects existing visa and green card holders. By revoking previously granted permission to enter, Trump has, improbably, turned the U.S. government into more of a liar than it already is.

Beyond that, the order has had the deleterious effects of separating children from parents, betraying Iraqis who assisted U.S. armed forces, and endangering the safety of foreign nationals who defied their governments by championing democratic values.

As America’s character has long been shaped by the contributions of immigrants, Trump’s order is at odds with the country’s civic values. It also violates the moral values (of compassion, of kindness to strangers) of the faith that Trump and many Americans – including many of his supporters – claim to practice.

Politically Wrong

Even by that most disfavored of measures – political expediency – Trump’s order is a false move. While it has had the short-term effect of appeasing the nativist element within Trump’s base, it risks shrinking that base. Moreover, it may prompt more Republicans who see themselves as vulnerable in 2018 congressional elections to distance themselves from the president as some already have. Lastly, it leaves those Republicans who have not spoken out (on legal and procedural grounds if nothing else) with no leg to stand on should future Democratic presidents roll out broad, sweeping executive orders of their own.

Despite a long history of abuses in its name, national security rightfully remains a priority that any president should take seriously. But Trump’s executive order – illegal, illogical, impractical, and immoral – is about as far from an ideal solution as one can conceive of.

What Just Happened: An Election in Five Theories

Disclaimer: I did not vote for either Hillary Clinton or Donald Trump.

The U.S. presidential election has come and gone, and after witnessing days of hair-tearing and hand-wringing from some and schadenfreude and victory yelps from others, the only certainty is that there is no certainty. Everyone has his or her own pet theory about the outcome, ranging from aware to solipsistic, credible to conspiratorial. Here are but a few of them:

1. The Conventional Wisdom: People Wanted Change

The Theory: This view holds that every decade or so, voters tire of the status quo and seek to take the country in a new direction. As a particular party’s successful candidate becomes more of a known quantity, the benefit of a doubt recedes and best hopes are replaced by more realistic (if not outright pessimistic) expectations. And as the president lives under constant scrutiny, one who wins reelection has eight years to make mistakes and bad decisions, become embroiled in scandal, or simply wear voters out. Thus – excepting diehard partisans – voters who backed one party’s candidate in a given election may find more reasons to go a different way eight years later.

Analysis: My father is an advocate of the idea that the country’s political inclinations are like a pendulum in constant motion, gradually swinging one way for several years before reversing course and swinging the other. Given all the shenanigans in the run-up to Decision 2016, this explanation seems almost too simple to be true, but the last sixteen years indicate that it very well may be. In 2000, Al Gore lost states that Bill Clinton had won in 1996, thus ending eight years of a Democrat in the White House. But even though voters returned George W. Bush in 2004, by 2006, they had tired of Republicans enough to vote in Democratic majorities in the House and Senate before putting a Democrat back in the White House in 2008. Obama, in 2008, won several states in the West and South that went for Bush four years prior. Though voters reelected him in 2012, in 2014, they gave Republicans control of the Senate to complement a stronger Republican grip on the House. Based on these trends, what happened this past Tuesday shouldn’t have come as much of a surprise.

2a. Personality Power: Hillary Clinton Is Especially Terrible

The Theory: This view holds that Hillary Clinton, despite her political longevity and experience, lost the election because she was a uniquely horrible choice. Factor out sexist voters who wouldn’t support a woman regardless or partisans who wouldn’t vote for a Democrat if a gun was held to their heads, and Clinton still leaves plenty to hate. For some, it is the scandal-ridden Clinton brand and all its attendant baggage. For others, it is Clinton’s personality and character or perceived lack therefor. For others still, it is her conduct: the e-mail fiasco, the “stolen” Democratic primary, etc. And some oppose her strictly on policy grounds, be it criticism from the left (war hawkishness, chumminess with Wall Street, NAFTA support) or right (enthusiasm for gun control and Obamacare). Given such an odious option, voters who previously supported Obama and would have supported Sanders swung to Trump or stayed home.

Analysis: It’s hardly revelatory to suggest that Clinton was a flawed and controversial candidate and for many, a bad option. But it is naïve to suggest that she was a uniquely bad option. Disappearing e-mails were a feature of the Bush administration as well, and Trump stands accused of deleting several pertaining to a lawsuit he was facing, in defiance of a court order. In a sea of crooks (some larger, some smaller), “Crooked Hillary” is just another fish. Besides, even if one assumes the worst about her, this isn’t necessarily a reason why so many voters turned out for Trump. After all, in 1991 voters were given a choice for governor that came down to a corrupt Democratic establishment figure (Edwin Edwards) and a white nationalist outsider (David Duke). They voted for the crook, not the racist.

2b. Personality Power: Donald Trump Is Exceptionally Great

The Theory: This theory holds that Trump won out because unlike both Clinton and his primary challengers, he is not a politician. He is a successful, charismatic businessman, and as a Washington outsider, a good choice for shaking up the established order.

Analysis: This theory does not hold up to rational scrutiny. Though he may have name recognition, Trump is not a particularly successful businessman as his six bankrupt hotels and casinos attest. In terms of character, Trump possesses many of Clinton’s negatives (dishonesty, opportunism) to an even greater degree than Clinton herself, something that was painfully apparent to anyone who watched even one of the debates. Granted, Trump’s “outsider” status probably did appeal to some voters, but the idea that he won simply because he wasn’t “from Washington” and in spite of his many, many flaws treats the entire electorate as a single-issue constituency.

3. The Whitelash: Trump Drew Bigots to the Polls

The Theory: This idea holds that Trump exploited the fears and prejudices of disillusioned working-class white Americans by scapegoating Mexicans, Muslims, and others who aren’t like them. His rhetoric, under the guise of addressing problems head-on and breaking the shackles of political correctness, empowered bigots, driving them to the polls in a determined effort to “take the country back” while they still could.

Analysis: There are undoubtedly bigots among Trump supporters. His candidacy enjoyed open support from white nationalists that he was slow to repudiate, and in the days following his election, numerous accounts have been shared of harassment and intimidation aimed at minorities. But 60 million people voted for Trump, and it is a mistake to assume that all, or even most of them, share that mentality. After all, Trump himself is a socially tolerant (his opposition to abortion being skin-deep and politically expedient) New Yorker with a Jewish son-in-law and an immigrant wife. And despite the appeals to white identity politics, he received more votes from black and Hispanic voters than Mitt Romney did in 2012 and an endorsement from civil rights elder statesman Charles Evers. Furthermore, taking the view that Trump supporters, if not bigots, were at least “comfortable” with bigotry implies Obama supporters to be comfortable with drone strike assassinations and those who backed Bill Clinton to be comfortable with perjury and sexual misconduct. Lastly, this theory conveniently grants some leftists political cover for their own bigotry: witness the vitriolic (and, sadly, unironic) attacks on whites – and white women, in particular – for supporting that bigot, Trump.

4. The Silent Majority: Trump Addressed Issues That No One Else Did

The Theory: In this view, Trump spoke for disillusioned working-class Americans who felt betrayed by NAFTA, were worried about the security of their country, and were tired of being told to check their privilege when all they saw was a lack of it.

Analysis: This theory is decidedly more plausible for several reasons. First, it presumes a certain degree of economic illiteracy, specifically regarding the benefits of free trade. Inasmuch as Trump picked up a lot of support from non-college educated voters, that isn’t that much of a stretch. Second, it doesn’t assume that voters saw Trump as an ideal candidate but rather as a vehicle for bringing their concerns to the table. They were voting for the message, not the man. Third, though there are substantial differences between them, Bernie Sanders struck a few similar chords, embodied the same anti-establishmentarianism, and drew a lot of Democratic support. “The system is broken/people are getting screwed” may not seem like much of substance to run on, but this appears to have been a message that resonated.

5. The Bubble Theory: Voters Immunized Themselves to Competing Worldviews

The Theory: This theory holds that voters tend to huddle around their ideological compatriots. To Clinton voters, who turned to mainstream media (a deeply problematic term that I’ll stick with here for the sake of convenience) and left-of-center commentators for information, Clinton was a clear frontrunner and Trump stood no chance. To Trump voters, who obtained information from Brietbart, the alt-right media, and Wikileaks, Clinton never stood a chance. The latter bubbles happened to be larger than those in the former realized.

Analysis: There is quite a bit of support for this theory as well. For all of his significant shortcomings, Trump proved to be a masterful self-promoter, and he played the mainstream media with ease. Every time he said something ignorant, untrue, or outrageous, the media would report it, which he and his cheerleaders like the Brietbart crowd would spin as evidence of media bias, which in turn energized his base. The mainstream media also empowered him by exercising poor editorial judgement. There is a journalistic obligation to speak truth to power, yes, but when you run a spread listing all the people Trump has insulted while simultaneously allowing the Clinton campaign to influence how she is covered, you’ve ceded the ethical high ground. Moreover, the occupants of both bubbles failed to exercise critical thinking. If those in the Trump bubble can be castigated for soaking up alt-right conspiracies aimed at destroying Clinton (of which there are many, of varying degrees of inanity), then those in the Clinton bubble can be similarly called to task for their willingness to readily believe things (like Trump supposedly mocking veterans with PTSD) that, in context, turned out not to be true. Through this lens, the 2016 election in some way mirrors the 1972 election where New Yorker film critic Pauline Kael infamously remarked that she only knew one person who voted for Richard Nixon. Those who didn’t see Trump coming are her ideological offspring.

As noted, it is hard to pinpoint any one reason why the election turned out the way that it did but rather there was a confluence of factors at play. If you are among those displeased with the outcome, you can look to those factors and hopefully learn from them. Recent history says that control of Congress will change no later than 2020 and the presidency no later than 2024, but do you really want to wait that long?

Unsettled Dust: Barack Obama and Presidential Legacies

Perhaps it’s a testament to how badly their successors have bungled things, but the past few American presidents have enjoyed some serious image upgrades after leaving office. Richard Nixon, the jowly Watergate-tainted hippy hater, was later recognized by no less than Noam Chomsky as “the last liberal president.” Ronald Reagan went from being denounced by opponents as the Great Prevaricator and the Teflon President to someone whom Democrats berate Republicans for not being more like. Bill Clinton, once viewed with scorn as a cancer upon the White House, was later praised by the likes of conservative media icons David Horowitz (Front Page Magazine) and Christopher Ruddy (NewsMax) for his centrist domestic and economic policies. Even George W. Bush, derided as everything from an ineloquent buffoon to a war criminal, is now being credited by former critics for his compassionate approach to immigration.

            It is highly likely that Barack Obama will enjoy a similar reappraisal after leaving office. Of course, there are those who believe that no such reappraisal is necessary and that Obama has acquitted himself well during his time in the White House, but the rest of us, troubled by everything from drone strike assassinations to the botched implementation of the Affordable Care Act and the swirl of lies that preceded it to multiple attempts at executive overreach and end-runs around Congress, are going to take some convincing.

Still, it would take either a profoundly unimaginative mind or a troubling degree of irrational rage not to envision Obama’s eventual legacy in a better light, no matter how grim one’s present perception. With that in mind, here are the five things that we will likely come to appreciate about our 44^th president.

He was temperamentally well-suited for the office.

Even before he took office, Obama had garnered a well-deserved reputation as a compelling and inspirational speaker. This is a point that his critics often concede, usually with a disclaimer that his style masks a lack of substance, that he should not be trusted precisely because he can nail a speech. However, faulting a president for talking a good game is nothing if not myopic. After all, Reagan’s ability to inspire and uplift through speech craft was at the crux of his appeal. He did not single-handedly fix America’s economy or win the Cold War, but he made many Americans believe these things were possible. Similarly, regardless of its substance, “Yes We Can” worked to energize the electorate and invite hope.

Like his ability to speechify, Obama’s calm affability is both widely noted and curiously polarizing: the unflappability of “No Drama” Obama is sometimes taken for apathetic detachment, the sign of one too aloof and disengaged to lead. This too is an oddly selective criticism, especially when considering the antithesis. Lyndon Johnson threatened, cajoled, intimidated (and, reportedly, exposed himself to) others to get things done, but he left office highly unpopular, and the Democratic coalition that he tried to keep together through force of personality splintered and collapsed by 1968. Obama’s comparatively easygoing nature has not only allowed him to avoid inspiring personal (political is another matter) acrimony a la the temperamentally unsuited Johnson and Nixon but has enabled him to win the respect of political adversaries like arch-conservative former Sen. Tom Coburn. It is reasonable to demand that a president do more than talk and play nice, but thirst for the former should not blind us to the value of the latter.

He was the least crooked president in more than twenty years

Obama’s presidency has been far from scandal-free. As mentioned previously, he lied to the American people about the Affordable Care Act, and the conduct of those in his administration was considerably worse. During his presidency, the IRS also inappropriately targeted conservative groups, the fallout from the ATF’s “gunwalking” operations resulted in an (admittedly partisan) contempt charge for then-Attorney General Eric Holder, and then-Secretary of State Hilary Clinton’s now-infamous mishandling of e-mails reeks of incompetence if not also impropriety.

Thanks to his predecessors lowering the ethical bar, however, the scandals of Obama pale in comparison to the scandals of those who occupied the Oval Office before him. Mishandled e-mails and the inappropriate use of an executive branch entity (the Justice Department instead of the IRS) to target political opponents were both featured during George W. Bush’s presidency as well, and his administration added manipulation of intelligence and an appalling defense of torture to the mix. When Bill Clinton wasn’t busy perjuring himself regarding his affair with a White House intern, his administration engaged in dubious fundraising and the pardoning of campaign contributors. Go back further and you’ll find administrations that sold weapons to America’s enemies (Reagan), partook in illegal wiretapping and breaking and entering (Nixon), and were the fruits of vote fraud and organized crime “assistance” (Kennedy).  That Obama, a product of notoriously corrupt Chicago, would preside over an administration that was, relatively speaker, cleaner than those of several of his predecessors is quasi-miraculous. That it will likely be cleaner than that of his successor is depressing.

He got bin Ladin

It is patently preposterous to personally credit Obama with the successful takedown of Osama bin Laden, but doing so would be in keeping with a longstanding tradition of recognizing presidents for things in which they had no direct hand. Thus, if we are to acknowledge that SEAL Team Six deserves the plaudits for doing in the erstwhile al Qaeda leader, then we must also acknowledge that Bush had relatively little to do with toppling Saddam Hussein (“Mission Accomplished” iconography to the contrary), and that Reagan did not bring the Soviet Union to its knees. Inasmuch as we are going to continue to reward presidents for the victories that happened to occur on their watch, however, Obama deserves credit here.

He’s leaving us with a better economy than what he inherited

In 2009, a Time magazine cover depicted a fedora-wearing Obama cruising in a 1930s roadster, a classic Franklin Delano Roosevelt pose. For Obama’s supporters and opponents alike, the parallels are obvious. Obamaphiles hoped that the 44^th president would mimic the 32^nd president by taking bold executive action upon entering office while Obama skeptics dreaded the same. Like Obama, FDR inherited a bleak economic situation. His response, the New Deal, ruffled a lot of feathers, but it did not actually end the Great Depression. Similarly, within his first 100 days in office, Obama championed and signed a stimulus act that cost $831 billion yet did not have the short-term impact on unemployment that was promised.

However, while Obama was not the economic savoir that some supporters hoped for, he was also not the radical socialist despot that his detractors made him out to be. While it may take years for the impact of the Affordable Care Act to be fully realized and while the debt to GDP ratio continues to grow at an alarming rate, several other indicators show an economy that is healthier now than it was eight years ago. According to the Bureau of Labor Statistics, the unemployment rate is down from 7.8 percent in January 2009 to about 5 percent now. According to the Office of Management and Budget, federal spending deficits, which jumped from $458 million in 2008 to $1.4 trillion in 2009 in the thick of the recession, are back down to an estimated $615 million, still depressingly high but nevertheless trending in the right direction.

Of course, the earlier point about crediting presidents with things not of their making still holds – presidents don’t “run” the economy and cannot be expected to singlehandedly “fix” it – but again, precedent shows that legacy is largely a product of happenstance. In 1980, Reagan famously asked voters if they were better off than they were four years ago. The answer, for many, was no. That their discontent was arguably a product of a global energy crisis that had its roots in the Middle East did nothing to absolve incumbent Jimmy Carter of his perceived failings. Were we to put that question to voters today, the answer for many would be yes: unemployment is down, and gas is cheaper. How much of that is actually the president’s doing is as immaterial now as it was 36 years ago.

  He brought U.S.-Cuba relations into the 21^st century

One area where Obama did have a more active hand was in the Cuban Thaw: a series of diplomatic maneuvers that included a relaxation of travel restrictions and the normalization of relations between the two countries. Critics were quick to blast this move as appeasement of a dictatorial regime. However, this ignores the fact that the sanctions that were in place for more than half a century not only failed to topple said regime but actively aided it as a propaganda tool. As Sen. Jeff Flake (R-AZ) noted, allowing Americans to travel abroad is an expression of freedom for Americans, easing restrictions on trade and remittances has improved life for Cubans, and since the thaw began, the island’s private sector has grown considerably. Obama may have failed in his quest to close the Guantanamo Bay prison, but he deserves credit for breaking with outmoded Cold War thinking and pursuing positive change that benefits both countries.

            From the time he emerged on the national political scene, Obama has been subject to a slew of ridiculously conspiratorial innuendos and smears. He has been denounced as everything from a Kenyan-born secret Muslim to an anti-white racist to faith-hating atheist, and his administration has been accused of conspiring to confiscate guns from citizens and imprison them in FEMA-run concentration camps. These ludicrous assertions detract from the Obama administration’s very real failings: a president willing to overstep the boundaries of his office when it suited him, an executive branch that has appeared at various times incompetent or dishonest, and a signature healthcare law that is looking worse every day.

            Despite these shortcomings, Obama is likely to be missed in some ways, even by those who once held him and his presidency in the lowest esteem. We’ve already seen this from rightwing media star Glenn Beck, who recently lamented his “freaking out” over the Obama years. As America braces itself for the onset of Donald Trump - he of the lawsuit-addled business empire, grossly misogynistic personal conduct, penchant for crass remarks, and disregard for anything other than his own authority - others will likely reach similar reappraisals. The dust of history is yet unsettled, but as an orange storm looms, it is not hard to see what form that dust may eventually take.

Lopping the Head off the Statue: The NC GOP’s Assault on Responsible Governance

There is nothing like the hyperbole of war to raise ire of the faithful. Dare to wish someone happy holidays? War on Christmas! Question the wisdom of a $15 minimum wage? War on workers! These pronouncements tend to rally the zealots, the perpetually aggrieved, and the activists in search of a fight while leaving the more rational lot of us rolling our eyes. With that in mind, the notion that the North Carolina Republican Party has declared war on anything (education, democracy, etc.) can’t help but read like exaggerated wolf-crying (to say nothing of selectively partisan bellyaching). And yet, when examining the totality of the state legislature’s sweeping “reforms” – both proposed and enacted – one cannot help but notice some very real flames beneath all the smoke.

Before delving into the pervasive awfulness of the GOP’s legislative program and Gov. Pat McCrory’s abettment thereof, it is important to understand how the Tarheel State got to such a low point. Ask a progressive, and the answer will be that deep-pocketed conservative donor Art Pope bought himself a few elections. But this fairy tale is naïve at best and disingenuous at worst. The fact of the matter is that for as unpopular as state Republicans have made themselves since taking power, North Carolina suffered in various ways under the leadership of the Democratic politicos that preceded them. The decade prior to 2011’s Republican ascendancy saw increased spending and ballooning debt as well as the unethical use of education lottery fund money to plug shortfalls in the general fund. It saw the criminality and corruption of Democratic U.S. Rep. Frank Ballance and Speaker of the N.C. House of Representatives Jim Black. It saw the sketchy campaign financing and state-funded travel abuses of Democratic Govs. Mike Easley and Bev Perdue. These things – and more – happened, and voters noticed. Ergo, Republican victories and Democratic sour grapes.

However, the combination of legislative control with McCrory’s 2012 election victory and some changes to the makeup of the state’s courts led to a consolidation of Republican political power, and GOPers wasted little to no time being corrupted by it. Despite some noble attempts at restoring fiscal sanity, McCrory has become the Chris Christie of the South, a self-serving opportunist who spent lavishly on renovating the executive mansion that he occupied and worked to actively shield his former employer/current financial backer Duke Energy from having to pay for its role in negligently allowing coal ash to spill into the Dan River. Not to be outdone in the self-interest, the legislature passed a racially gerrymandered redistricting plan that was as bold as it was asinine. The attempt to pack as many black voters into a district as possible (and thus dilute their political power) meant that I (in Greensboro) shared congressional representation with the fine folks down in Charlotte, a good ninety (!!) miles away.

Were this the full extent of Republican malfeasance, it would be hard to classify it as anything more than business as usual. After all, Govs. Easley and Purdue had their own ethical lapses, and Democratic legislatures in years’ past were no strangers to gerrymandering. Having the party in power misuse its power is not unique to North Carolina Republicans or to North Carolina, for that matter.

No, what separates recent legislative and executive actions from the typical sorry state of American politics is the aggressively reckless shortsightedness with which Republicans have conducted themselves. In attempting to appease rural conservatives and solidify their hold on offices, they have taken an all-or-nothing approach that not only risks tainting the Republican brand but the state’s reputation as a whole. They’ve done this by following what has sadly become a predictable and familiar strategy:

1. Exaggerate the nature of a problem (or elevate a non-problem to the level of a problem).
2. Formulate that is disproportionate to the problem at hand. Said response may or may not actually address the problem, but it is likely to create or exacerbate other problems in doing so. It will almost certainly include a conservative wishlist item or a component that attacks Democratic politically.
3. Insist that said response is necessary and justified in light of the problem. Downplay the potential for long-term harm and/or frame skepticism as partisan overreaction (which, to be fair, there likely would be plenty of regardless).

We have seen this strategy used to usher in changes to everything from voting rules to higher education governance to discrimination policies. On more than one occasion, these changes were rushed through under dubious circumstances. And in just about all instances, North Carolina loses.

Consider, for instance, North Carolina’s voter ID law. Enacted seemingly to thwart voter fraud, it requires North Carolina voters to prevent proof of identity in order to vote. While impersonating a registered voter at the polls can theoretically happen, testimony from the director of State Board of Elections indicates that it is a very infrequent phenomenon. The law, therefore, constitutes an exaggerated response to a non-problem. Moreover, while requiring voters to prove who they say they are is not an unreasonable request, the rub is in the exact nature of that proof: a driver’s license or passport. For those who do not already have one, obtaining this ID ranges anywhere from mere inconvenience to bureaucratic nightmare. Republicans are right to object to creeping bureaucratization in many aspects of life – healthcare, for instance – and entirely hypocritical for promoting it here. This, of course, does not even address the law’s restriction of early voting. Remind me, how does increasing the likelihood of a traffic jam at the polls protect against voter fraud?

At least the voter ID law had the pretense of addressing a problem. When it came to the University of North Carolina system, the Republican-controlled Board of Trustees offered the vaguest of justifications for forcing out system president Tom Ross and even praised him as they pushed him out the door. Of course, the fact that Ross is a registered Democrat is likely the culprit, but good luck getting (now former) board chair John Fennebresque to admit that. The board then followed this by conducting an overly secretive search process that resulted in the appointment of Margaret Spellings, the former U.S. Secretary of Education. While that credential may sound impressive, it is worth noting that Spellings’ background in higher education is as a paid director of for-profit Phoenix University’s parent company. In all fairness, this is not the first time that a political appointee was named system president under suspect circumstances – paging Erskine Bowles – but the opacity and tactlessness with which this switch was handled easily trumps past politicking.

The latest legislative fiasco and the one that has garnered the most attention as of late is HB2,  North Carolina’s so-called “bathroom bill,” (a misnomer if there ever was one). The bill was rushed through the state legislature in an extremely hurried vote during a one-day session in response to a non-discrimination ordinance passed by the city of Charlotte that prohibits sex or gender discrimination in public accommodations. In other words, transgendered individuals in Charlotte were free to use restrooms that matched their gender regardless of their anatomy. Supposedly enacted in the interest of “safety,” the state law not only undoes Charlotte’s ordinance and prevents local governments from passing similar ordinances in the future; it mandates that anyone in a state facility – be it a school or a government office – use the bathroom that matches the gender on their birth certificate.

This is an all-too-predictable application of the contentious GOP strategy. First, what it purports to address is actually a non-problem. There is not an epidemic of transgendered individuals sneaking into restrooms to commit sexual assault, and existing law already prohibits such assaults regardless. Second, the response is disproportionate. Not only does the law go far beyond the transgender bathroom access issue (more on that later), but it also sets policy for all state facilities. While there is something to be said for preserving the right of businesses to set their own bathroom policies – those that are LGBT-hostile can be boycotted – inasmuch as transgendered individuals are part of the public, denying them the ability to use a bathroom that corresponds to their gender in a building that their tax dollars help finance is grossly insulting. Third, inasmuch as McCrory’s after-the-fact attempts at damage control try to paint the uproar this legislation has caused as a tempest in a teapot, there have been some very real and very ramifications that neither he nor the legislature apparently bothered to consider. Not only does this stupid monstrosity of a law require that male-presenting trans individuals use women’s restrooms in school and government buildings (think about that for a moment, folks), but the resulting uproar has seen governments issue travel bans to North Carolina as well as businesses threatening to boycott the state. That, plus the likelihood of pending legislation, makes for a waste of money that we can ill afford.

As if the bathroom provision was not contentious enough, this law also does the following:

• Sets forth a statewide nondiscrimination policy that deliberately omits sexual orientation while preventing local governments from setting policies that include it.
• Prevents those fired in violation of that very same discrimination policy from bringing suit in state court (they can still file federally and bring a complaint to the state Human Rights Commission).
• Prevents a municipality from setting a minimum wage that is higher than that of the state.

Remember, ladies and gentlemen, that defenders of this law have claimed “safety” as a justification. What any of these other provisions have to do with safety is beyond me, and likely beyond anyone reading this as well.

Furthermore, while there are sound theoretical arguments for abolishing a minimum wage altogether, inasmuch as that is unlikely to happen, a local wage is far preferable than a state wage. Yes, it leaves open the door for Seattle’s unrealistic foolishness, but it also acknowledges the reality that costs of living and costs of doing business (permitting/compliance fees, rents, etc.) can vary immensely within a state. By pretending that $7.25 an hour means the same thing in Jones or Rockingham Counties that it does in Charlotte and Wilmington, economically illiterate Republicans have declared themselves proud residents of economic fantasyland.

Sadly, despite the rashness, brashness, expense, and incompetence displayed thus far, it is hard to imagine GOPers changing course now. The angrier anyone who isn’t a dyed-in-the-wool supporter becomes, the more they must believe they are doing something right. Even McCrory, who is usually in-tune with the attitudes of the business community and has bucked his own party on occasion, seems lost given his HB-2 cheerleading. What is underfoot now is not Republicans taking the turn at the wheel to which their election victories entitled them, nor is it an attempt to govern by conservative principles after years of liberal largesse. No, this is the hijacking of the entire state’s future to serve the needs of a rural, homophobic, anti-intellectual contingent dead set on building and maintaining a permanent majority.

Having lived in this state for more than a decade and endured the governance of both major parties, I put little stock in the idea that Democrats are what is best for North Carolina. But if nothing else, they are not this. If the state is a statue that Democrats did a poor job of maintaining throughout the years, Republicans have “repaired” it by lopping off its head because they never really cared for it anyway.