Laws and regulations nowadays are longer than ever because length is needed to specify how people will be treated unequally. For example, the health care bill of 2010 takes more than 2,700 pages to make sure not just that some states will be treated differently from others because their senators offered key political support, but more importantly to codify bargains between the government and various parts of the health care industry, state governments, and large employers about who would receive what benefits (e.g., public employee unions and auto workers) and who would pass what indirect taxes onto the general public. The financial regulation bill of 2010, far from setting univocal rules for the entire financial industry in few words, spends some 3,000 pages (at this writing) tilting the field exquisitely toward some and away from others. Even more significantly, these and other products of Democratic and Republican administrations and Congresses empower countless boards and commissions arbitrarily to protect some persons and companies, while ruining others. Thus in 2008 the Republican administration first bailed out Bear Stearns, then let Lehman Brothers sink in the ensuing panic, but then rescued Goldman Sachs by infusing cash into its principal debtor, AIG. Then, its Democratic successor used similarly naked discretionary power (and money appropriated for another purpose) to give major stakes in the auto industry to labor unions that support it. Nowadays, the members of our ruling class admit that they do not read the laws. They don't have to. Because modern laws are primarily grants of discretion, all anybody has to know about them is whom they empower.
By making economic rules dependent on discretion, our bipartisan ruling class teaches that prosperity is to be bought with the coin of political support. Thus in the 1990s and 2000s, as Democrats and Republicans forced banks to make loans for houses to people and at rates they would not otherwise have considered, builders and investors had every reason to make as much money as they could from the ensuing inflation of housing prices. When the bubble burst, only those connected with the ruling class at the bottom and at the top were bailed out. Similarly, by taxing the use of carbon fuels and subsidizing "alternative energy," our ruling class created arguably the world's biggest opportunity for making money out of things that few if any would buy absent its intervention. The ethanol industry and its ensuing diversions of wealth exist exclusively because of subsidies. The prospect of legislation that would put a price on carbon emissions and allot certain amounts to certain companies set off a feeding frenzy among large companies to show support for a "green agenda," because such allotments would be worth tens of billions of dollars. That is why companies hired some 2,500 lobbyists in 2009 to deepen their involvement in "climate change." At the very least, such involvement profits them by making them into privileged collectors of carbon taxes. Any "green jobs" thus created are by definition creatures of subsidies -- that is, of privilege. What effect creating such privileges may have on "global warming" is debatable. But it surely increases the number of people dependent on the ruling class, and teaches Americans that satisfying that class is a surer way of making a living than producing goods and services that people want to buy.
Beyond patronage, picking economic winners and losers redirects the American people's energies to tasks that the political class deems more worthy than what Americans choose for themselves. John Kenneth Galbraith's characterization of America as "private wealth amidst public squalor" (The Affluent Society, 1958) has ever encapsulated our best and brightest's complaint: left to themselves, Americans use land inefficiently in suburbs and exurbs, making it necessary to use energy to transport them to jobs and shopping. Americans drive big cars, eat lots of meat as well as other unhealthy things, and go to the doctor whenever they feel like it. Americans think it justice to spend the money they earn to satisfy their private desires even though the ruling class knows that justice lies in improving the community and the planet. The ruling class knows that Americans must learn to live more densely and close to work, that they must drive smaller cars and change their lives to use less energy, that their dietary habits must improve, that they must accept limits in how much medical care they get, that they must divert more of their money to support people, cultural enterprises, and plans for the planet that the ruling class deems worthier. So, ever-greater taxes and intrusive regulations are the main wrenches by which the American people can be improved (and, yes, by which the ruling class feeds and grows).
The 2010 medical law is a template for the ruling class's economic modus operandi: the government taxes citizens to pay for medical care and requires citizens to purchase health insurance. The money thus taken and directed is money that the citizens themselves might have used to pay for medical care. In exchange for the money, the government promises to provide care through its "system." But then all the boards, commissions, guidelines, procedures, and "best practices" that constitute "the system" become the arbiters of what any citizen ends up getting. The citizen might end up dissatisfied with what "the system" offers. But when he gave up his money, he gave up the power to choose, and became dependent on all the boards and commissions that his money also pays for and that raise the cost ofcare. Similarly, in 2008 the House Ways and Means Committee began considering a plan to force citizens who own Individual Retirement Accounts (IRAs) to transfer those funds into government-run "guaranteed retirement accounts." If the government may force citizens to buy health insurance, by what logic can it not force them to trade private ownership and control of retirement money for a guarantee as sound as the government itself? Is it not clear that the government knows more about managing retirement income than individuals?
Who Depends on Whom?
In Congressional Government (1885) Woodrow Wilson left no doubt: the U.S. Constitution prevents the government from meeting the country's needs by enumerating rights that the government may not infringe. ("Congress shall make no law..." says the First Amendment, typically.) Our electoral system, based on single member districts, empowers individual voters at the expense of "responsible parties." Hence the ruling class's perpetual agenda has been to diminish the role of the citizenry's elected representatives, enhancing that of party leaders as well as of groups willing to partner in the government's plans, and to craft a "living" Constitution in which restrictions on government give way to "positive rights" -- meaning charters of government power.
Consider representation. Following Wilson, American Progressives have always wanted to turn the U.S. Congress from the role defined by James Madison's Federalist #10, "refine and enlarge the public's view," to something like the British Parliament, which ratifies government actions. Although Britain's electoral system -- like ours, single members elected in historic districts by plurality vote -- had made members of Parliament responsive to their constituents in ancient times, by Wilson's time the growing importance of parties made MPs beholden to party leaders. Hence whoever controls the majority party controls both Parliament and the government.
In America, the process by which party has become (almost) as important began with the Supreme Court's 1962 decision in Baker v. Carr which, by setting the single standard "one man, one vote" for congressional districts, ended up legalizing the practice of "gerrymandering," concentrating the opposition party's voters into as few districts as possible while placing one's own voters into as many as possible likely to yield victories. Republican and Democratic state legislatures have gerrymandered for a half century. That is why today's Congress consists more and more of persons who represent their respective party establishments -- not nearly as much as in Britain, but heading in that direction. Once districts are gerrymandered "safe" for one party or another, the voters therein count less because party leaders can count more on elected legislators to toe the party line.
To the extent party leaders do not have to worry about voters, they can choose privileged interlocutors, representing those in society whom they find most amenable. In America ever more since the 1930s -- elsewhere in the world this practice is ubiquitous and long-standing -- government has designated certain individuals, companies, and organizations within each of society's sectors as (junior) partners in elaborating laws and administrative rules for those sectors. The government empowers the persons it has chosen over those not chosen, deems them the sector's true representatives, and rewards them. They become part of the ruling class.
Thus in 2009-10 the American Medical Association (AMA) strongly supported the new medical care law, which the administration touted as having the support of "the doctors" even though the vast majority of America's 975,000 physicians opposed it. Those who run the AMA, however, have a government contract as exclusive providers of the codes by which physicians and hospitals bill the government for their services. The millions of dollars that flow thereby to the AMA's officers keep them in line, while the impracticality of doing without the billing codes tamps down rebellion in the doctor ranks. When the administration wanted to bolster its case that the state of Arizona's enforcement of federal immigration laws was offensive to Hispanics, the National Association of Chiefs of Police -- whose officials depend on the administration for their salaries -- issued a statement that the laws would endanger all Americans by raising Hispanics' animosity. This reflected conversations with the administration rather than a vote of the nation's police chiefs.
Similarly, modern labor unions are ever less bunches of workers banding together and ever more bundled under the aegis of an organization chosen jointly by employers and government. Prototypical is the Service Employees International Union, which grew spectacularly by persuading managers of government agencies as well as of publicly funded private entities that placing their employees in the SEIU would relieve them of responsibility. Not by being elected by workers' secret ballots did the SEIU conquer workplace after workplace, but rather by such deals, or by the union presenting what it claims are cards from workers approving of representation. The union gets 2 percent of the workers' pay, which it recycles as contributions to the Democratic Party, which it recycles in greater power over public employees. The union's leadership is part of the ruling class's beating heart.
The point is that a doctor, a building contractor, a janitor, or a schoolteacher counts in today's America insofar as he is part of the hierarchy of a sector organization affiliated with the ruling class. Less and less do such persons count as voters.
Ordinary people have also gone a long way toward losing equal treatment under law. The America described in civics books, in which no one could be convicted or fined except by a jury of his peers for having violated laws passed by elected representatives, started disappearing when the New Deal inaugurated today's administrative state -- in which bureaucrats make, enforce, and adjudicate nearly all the rules. Today's legal -- administrative texts are incomprehensibly detailed and freighted with provisions crafted exquisitely to affect equal individuals unequally. The bureaucrats do not enforce the rules themselves so much as whatever "agency policy" they choose to draw from them in any given case. If you protest any "agency policy" you will be informed that it was formulated with input from "the public." But not from the likes of you.
Disregard for the text of laws -- for the dictionary meaning of words and the intentions of those who wrote them -- in favor of the decider's discretion has permeated our ruling class from the Supreme Court to the lowest local agency. Ever since Oliver Wendell Holmes argued in 1920 (Missouri v. Holland) that presidents, Congresses, and judges could not be bound by the U.S. Constitution regarding matters that the people who wrote and ratified it could not have foreseen, it has become conventional wisdom among our ruling class that they may transcend the Constitution while pretending allegiance to it. They began by stretching such constitutional terms as "interstate commerce" and "due process," then transmuting others, e.g., "search and seizure," into "privacy." Thus in 1973 the Supreme Court endowed its invention of "privacy" with a "penumbra" that it deemed "broad enough to encompass a woman's decision whether or not to terminate her pregnancy." The court gave no other constitutional reasoning, period. Perfunctory to the point of mockery, this constitutional talk was to reassure the American people that the ruling class was acting within the Constitution's limitations. By the 1990s federal courts were invalidating amendments to state constitutions passed by referenda to secure the "positive rights" they invent, because these expressions of popular will were inconsistent with the constitution they themselves were construing.
By 2010 some in the ruling class felt confident enough to dispense with the charade. Asked what in the Constitution allows Congress and the president to force every American to purchase health insurance, House Speaker Nancy Pelosi replied: "Are you kidding? Are you kidding?" No surprise then that lower court judges and bureaucrats take liberties with laws, regulations, and contracts. That is why legal words that say you are in the right avail you less in today's America than being on the right side of the persons who decide what they want those words to mean.
As the discretionary powers of officeholders and of their informal entourages have grown, the importance of policy and of law itself is declining, citizenship is becoming vestigial, and the American people become ever more dependent.
Disaggregating and Dispiriting
The ruling class is keener to reform the American people's family and spiritual lives than their economic and civic ones. In no other areas is the ruling class's self-definition so definite, its contempt for opposition so patent, its Kulturkampf so open. It believes that the Christian family (and the Orthodox Jewish one too) is rooted in and perpetuates the ignorance commonly called religion, divisive social prejudices, and repressive gender roles, that it is the greatest barrier to human progress because it looks to its very particular interest -- often defined as mere coherence against outsiders who most often know better. Thus the family prevents its members from playing their proper roles in social reform. Worst of all, it reproduces itself.
Since marriage is the family's fertile seed, government at all levels, along with "mainstream" academics and media, have waged war on it. They legislate, regulate, and exhort in support not of "the family" -- meaning married parents raising children -- but rather of "families," meaning mostly households based on something other than marriage. The institution of no-fault divorce diminished the distinction between cohabitation and marriage -- except that husbands are held financially responsible for the children they father, while out-of-wedlock fathers are not. The tax code penalizes marriage and forces those married couples who raise their own children to subsidize "child care" for those who do not. Top Republicans and Democrats have also led society away from the very notion of marital fidelity by precept as well as by parading their affairs. For example, in 1997 the Democratic administration's secretary of defense and the Republican Senate's majority leader (joined by the New York Times et al.) condemned the military's practice of punishing officers who had extramarital affairs. While the military had assumed that honoring marital vows is as fundamental to the integrity of its units as it is to that of society, consensus at the top declared that insistence on fidelity is "contrary to societal norms." Not surprisingly, rates of marriage in America have decreased as out-of-wedlock births have increased. The biggest demographic consequence has been that about one in five of all households are women alone or with children, in which case they have about a four in 10 chance of living in poverty. Since unmarried mothers often are or expect to be clients of government services, it is not surprising that they are among the Democratic Party's most faithful voters.
While our ruling class teaches that relationships among men, women, and children are contingent, it also insists that the relationship between each of them and the state is fundamental. That is why such as Hillary Clinton have written law review articles and books advocating a direct relationship between the government and children, effectively abolishing the presumption of parental authority. Hence whereas within living memory school nurses could not administer an aspirin to a child without the parents' consent, the people who run America's schools nowadays administer pregnancy tests and ship girls off to abortion clinics without the parents' knowledge. Parents are not allowed to object to what their children are taught. But the government may and often does object to how parents raise children. The ruling class's assumption is that what it mandates for children is correct ipso facto, while what parents do is potentially abusive. It only takes an anonymous accusation of abuse for parents to be taken away in handcuffs until they prove their innocence. Only sheer political weight (and in California, just barely) has preserved parents' right to homeschool their children against the ruling class's desire to accomplish what Woodrow Wilson so yearned: "to make young gentlemen as unlike their fathers as possible."
At stake are the most important questions: What is the right way for human beings to live? By what standard is anything true or good? Who gets to decide what? Implicit in Wilson's words and explicit in our ruling class's actions is the dismissal, as the ways of outdated "fathers," of the answers that most Americans would give to these questions. This dismissal of the American people's intellectual, spiritual, and moral substance is the very heart of what our ruling class is about. Its principal article of faith, its claim to the right to decide for others, is precisely that it knows things and operates by standards beyond others' comprehension.
While the unenlightened ones believe that man is created in the image and likeness of God and that we are subject to His and to His nature's laws, the enlightened ones know that we are products of evolution, driven by chance, the environment, and the will to primacy. While the un-enlightened are stuck with the antiquated notion that ordinary human minds can reach objective judgments about good and evil, better and worse through reason, the enlightened ones know that all such judgments are subjective and that ordinary people can no more be trusted with reason than they can with guns. Because ordinary people will pervert reason with ideology, religion, or interest, science is "science" only in the "right" hands. Consensus among the right people is the only standard of truth. Facts and logic matter only insofar as proper authority acknowledges them.
That is why the ruling class is united and adamant about nothing so much as its right to pronounce definitive, "scientific" judgment on whatever it chooses. When the government declares, and its associated press echoes that "scientists say" this or that, ordinary people -- or for that matter scientists who "don't say," or are not part of the ruling class -- lose any right to see the information that went into what "scientists say." Thus when Virginia's attorney general subpoenaed the data by which Professor Michael Mann had concluded, while paid by the state of Virginia, that the earth's temperatures are rising "like a hockey stick" from millennial stability -- a conclusion on which billions of dollars' worth of decisions were made -- to investigate the possibility of fraud, the University of Virginia's faculty senate condemned any inquiry into "scientific endeavor that has satisfied peer review standards" claiming that demands for data "send a chilling message to scientists...and indeed scholars in any discipline." The Washington Post editorialized that the attorney general's demands for data amounted to "an assault on reason." The fact that the "hockey stick" conclusion stands discredited and Mann and associates are on record manipulating peer review, the fact that science-by-secret-data is an oxymoron, the very distinction between truth and error, all matter far less to the ruling class than the distinction between itself and those they rule.
By identifying science and reason with themselves, our rulers delegitimize opposition. Though they cannot prevent Americans from worshiping God, they can make it as socially disabling as smoking -- to be done furtively and with a bad social conscience. Though they cannot make Americans wish they were Europeans, they continue to press upon this nation of refugees from the rest of the world the notion that Americans ought to live by "world standards." Each day, the ruling class produces new "studies" that show that one or another of Americans' habits is in need of reform, and that those Americans most resistant to reform are pitiably, perhaps criminally, wrong. Thus does it go about disaggregating and dispiriting the ruled.
Meddling and Apologies
America's best and brightest believe themselves qualified and duty bound to direct the lives not only of Americans but of foreigners as well. George W. Bush's 2005 inaugural statement that America cannot be free until the whole world is free and hence that America must push and prod mankind to freedom was but an extrapolation of the sentiments of America's Progressive class, first articulated by such as Princeton's Woodrow Wilson and Columbia's Nicholas Murray Butler. But while the early Progressives expected the rest of the world to follow peacefully, today's ruling class makes decisions about war and peace at least as much forcibly to tinker with the innards of foreign bodies politic as to protect America. Indeed, they conflate the two purposes in the face of the American people's insistence to draw a bright line between war against our enemies and peace with non-enemies in whose affairs we do not interfere. That is why, from Wilson to Kissinger, the ruling class has complained that the American people oscillate between bellicosity and "isolationism."
Because our ruling class deems unsophisticated the American people's perennial preference for decisive military action or none, its default solution to international threats has been to commit blood and treasure to long-term, twilight efforts to reform the world's Vietnams, Somalias, Iraqs, and Afghanistans, believing that changing hearts and minds is the prerequisite of peace and that it knows how to change them. The apparently endless series of wars in which our ruling class has embroiled America, wars that have achieved nothing worthwhile at great cost in lives and treasure, has contributed to defining it, and to discrediting it -- but not in its own eyes.
Rather, even as our ruling class has lectured, cajoled, and sometimes intruded violently to reform foreign countries in its own image, it has apologized to them for America not having matched that image -- their private image. Woodrow Wilson began this double game in 1919, when he assured Europe's peoples that America had mandated him to demand their agreement to Article X of the peace treaty (the League of Nations) and then swore to the American people that Article X was the Europeans' non-negotiable demand. The fact that the U.S. government had seized control of transatlantic cable communications helped hide (for a while) that the League scheme was merely the American Progressives' private dream. In our time, this double game is quotidian on the evening news. Notably, President Obama apologized to Europe because "the United States has fallen short of meeting its responsibilities" to reduce carbon emissions by taxation. But the American people never assumed such responsibility, and oppose doing so. Hence President Obama was not apologizing for anything that he or anyone he respected had done, but rather blaming his fellow Americans for not doing what he thinks they should do while glossing over the fact that the Europeans had done the taxing but not the reducing. Wilson redux.
Similarly, Obama "apologized" to Europeans because some Americans -- not him and his friends -- had shown "arrogance and been dismissive" toward them, and to the world because President Truman had used the atom bomb to end World War II. So President Clinton apologized to Africans because some Americans held African slaves until 1865 and others were mean to Negroes thereafter -- not himself and his friends, of course. So assistant secretary of state Michael Posner apologized to Chinese diplomats for Arizona's law that directs police to check immigration status. Republicans engage in that sort of thing as well: former Soviet dictator Mikhail Gorbachev tells us that in 1987 then vice president George H. W. Bush distanced himself from his own administration by telling him, "Reagan is a conservative, an extreme conservative. All the dummies and blockheads are with him..." This is all about a class of Americans distinguishing itself from its inferiors. It recalls the Pharisee in the Temple: "Lord, I thank thee that I am not like other men..."
In sum, our ruling class does not like the rest of America. Most of all does it dislike that so many Americans think America is substantially different from the rest of the world and like it that way. For our ruling class, however, America is a work in progress, just like the rest the world, and they are the engineers.
The Country Class
Describing America's country class is problematic because it is so heterogeneous. It has no privileged podiums, and speaks with many voices, often inharmonious. It shares above all the desire to be rid of rulers it regards inept and haughty. It defines itself practically in terms of reflexive reaction against the rulers' defining ideas and proclivities -- e.g., ever higher taxes and expanding government, subsidizing political favorites, social engineering, approval of abortion, etc. Many want to restore a way of life largely superseded. Demographically, the country class is the other side of the ruling class's coin: its most distinguishing characteristics are marriage, children, and religious practice. While the country class, like the ruling class, includes the professionally accomplished and the mediocre, geniuses and dolts, it is different because of its non-orientation to government and its members' yearning to rule themselves rather than be ruled by others.
Even when members of the country class happen to be government officials or officers of major corporations, their concerns are essentially private; in their view, government owes to its people equal treatment rather than action to correct what anyone perceives as imbalance or grievance. Hence they tend to oppose special treatment, whether for corporations or for social categories. Rather than gaming government regulations, they try to stay as far from them as possible. Thus the Supreme Court's 2005 decision in Kelo, which allows the private property of some to be taken by others with better connections to government, reminded the country class that government is not its friend.
Negative orientation to privilege distinguishes the corporate officer who tries to keep his company from joining the Business Council of large corporations who have close ties with government from the fellow in the next office. The first wants the company to grow by producing. The second wants it to grow by moving to the trough. It sets apart the schoolteacher who resents the union to which he is forced to belong for putting the union's interests above those of parents who want to choose their children's schools. In general, the country class includes all those in stations high and low who are aghast at how relatively little honest work yields, by comparison with what just a little connection with the right bureaucracy can get you. It includes those who take the side of outsiders against insiders, of small institutions against large ones, of local government against the state or federal. The country class is convinced that big business, big government, and big finance are linked as never before and that ordinary people are more unequal than ever.
Members of the country class who want to rise in their profession through sheer competence try at once to avoid the ruling class's rituals while guarding against infringing its prejudices. Averse to wheedling, they tend to think that exams should play a major role in getting or advancing in jobs, that records of performance -- including academic ones -- should be matters of public record, and that professional disputes should be settled by open argument. For such people, the Supreme Court's 2009 decision in Ricci, upholding the right of firefighters to be promoted according to the results of a professional exam, revived the hope that competence may sometimes still trump political connections.
Nothing has set the country class apart, defined it, made it conscious of itself, given it whatever coherence it has, so much as the ruling class's insistence that people other than themselves are intellectually and hence otherwise humanly inferior. Persons who were brought up to believe themselves as worthy as anyone, who manage their own lives to their own satisfaction, naturally resent politicians of both parties who say that the issues of modern life are too complex for any but themselves. Most are insulted by the ruling class's dismissal of opposition as mere "anger and frustration" -- an imputation of stupidity -- while others just scoff at the claim that the ruling class's bureaucratic language demonstrates superior intelligence. A few ask the fundamental question: Since when and by what right does intelligence trump human equality? Moreover, if the politicians are so smart, why have they made life worse?
The country class actually believes that America's ways are superior to the rest of the world's, and regards most of mankind as less free, less prosperous, and less virtuous. Thus while it delights in croissants and thinks Toyota's factory methods are worth imitating, it dislikes the idea of adhering to "world standards." This class also takes part in the U.S. armed forces body and soul: nearly all the enlisted, non-commissioned officers and officers under flag rank belong to this class in every measurable way. Few vote for the Democratic Party. You do not doubt that you are amidst the country class rather than with the ruling class when the American flag passes by or "God Bless America" is sung after seven innings of baseball, and most people show reverence. The same people wince at the National Football League's plaintive renditions of the "Star Spangled Banner."
Unlike the ruling class, the country class does not share a single intellectual orthodoxy, set of tastes, or ideal lifestyle. Its different sectors draw their notions of human equality from different sources: Christians and Jews believe it is God's law. Libertarians assert it from Hobbesian and Darwinist bases. Many consider equality the foundation of Americanism. Others just hate snobs. Some parts of the country class now follow the stars and the music out of Nashville, Tennessee, and Branson, Missouri -- entertainment complexes larger than Hollywood's -- because since the 1970s most of Hollywood's products have appealed more to the mores of the ruling class and its underclass clients than to those of large percentages of Americans. The same goes for "popular music" and television. For some in the country class Christian radio and TV are the lodestone of sociopolitical taste, while the very secular Fox News serves the same purpose for others. While symphonies and opera houses around the country, as well as the stations that broadcast them, are firmly in the ruling class's hands, a considerable part of the country class appreciates these things for their own sake. By that very token, the country class's characteristic cultural venture -- the homeschool movement -- stresses the classics across the board in science, literature, music, and history even as the ruling class abandons them.