Amy Coney Barrett

Justice Through a Transpartisan Lens

Transpartisan Note #136

by A. Lawrence Chickering and James S. Turner

Senator Lindsey Graham (R-SC) called new Justice Amy Coney Barrett “un-ashamedly pro-life” (NYTimes 10/14/20). This is history being made, folks. This is the first time in American history that we’ve nominated a woman who is unashamedly pro-life and embraces her faith without apology. And she’s going to the court.

Sen. Joni Ernst (R-IA) joined in praising Justice Barrett saying “…the Constitution clearly states the ‘right of the people to keep and bear Arms, shall not be infringed,’ and Justice Barrett will interpret those words as written, which is a win for law-abiding Americans, including myself.” (Fox News 10/26/20)

In the debate over expansive versus limited government, the pro-gun, anti-abortion position – usually expressed by “conservatives” – presents the new justice with complex legal terrain.  The Constitution, the combined positions say, requires the Government to ban abortions and permit guns.

The “liberal” position reverses the demand saying the Constitution requires permitting abortions and allows restricting guns including banning some guns. A government that bans guns or abortions is expansive. One that allows guns or abortions is limited.

Justice Barrett laid out her legal strategy – follow the constitution.  As she expresses consistent opinions integrating expansive government needed to ban abortions with limited government necessary to require permitting guns, her originalist Constitutional reading might well lead to new law.

A failure of consistency might well lead to a new appreciation of the law’s limitations in social problem solving and a shakeup of the court. In our view, the Transpartisan Matrix gives clues of what this nation is up against as our society and government navigate their next evolutionary stage.

Surveys suggest that about 20% of Americans support abortion on demand. Eighty percent support some level of limitations. Surveys also suggest that 20% or so support all guns in the hands of law enforcement or the military. Eighty percent support some form of access to guns.

In the Transpartisan Matrix, those supporting free access to guns would be considered on the free right. Those supporting free access to abortions would be considered on the free left. Those seeking gun restriction and abortion restriction are order left and order right respectively.

The matrix assists in finding the precise legal pathway to the integration of limited and expansive government powers and helps remind us that authorities using government power to restrict my adversaries might also use that power to restrict me.

Welcome to the court Justice Barrett. May you help the union of freedom and order live long and prosper.

(Image is an official White House photo and in the public domain.)

How Important Is This Election?

Transpartisan Note #135

by A. Lawrence Chickering and James S. Turner

It is commonly said this election will be one of the most important in our lifetimes. In fact, both partisan sides say it is for ‘the Soul of America.’ [1] We heard one widely respected public figure express the view that he expected the current political crisis would end with the defeat of Donald Trump and accession of Joe Biden to the Presidency. Biden’s victory, which as of this writing seems likely but not assured, he said, “would restore the political system and the culture to ‘normal’”.

We hope it comes as no surprise to our readers that we doubt this will be the case. We believe such a sentiment fails to understand the real story behind President Trump’s victory four years ago and his governance since.

Misunderstanding the 2016 election begins, in our view, by imagining Trump is the cause rather than an effect of our widely recognized current national and global trouble. Understanding Trump as an effect requires understanding the forces in our politics and culture that brought Trump to power. From this perspective, Trump is at least as much an effect, as a cause, of the current crisis(es).

Trump came to power on the heels of widespread alienation from the partisan system controlled by the functioning of the two major political parties. This same alienation has fueled the steady expansion of voters registering Independent so that there are now more Independent than either Democratic or Republican voters.

If you add people who do not bother to register because they are deeply unhappy with both parties, we think the figure grows to about 70% of the age-eligible electorate, more than the total of both Democrats and Republicans combined. This 70% also aligns with Bill Shireman’s estimate [2] of ‘problem-solvers’ compared to ‘fighters’. Fighters, in his view, amount to 15%, making up the bases of each major party. These partisan fighters dominate the political lives of the transpartisan 70%.

The widespread, common assumption in the political debate is that the binary choice in elections represents the only choice voters have. A central assumption of each side in this dichotomy is that its side has all (100%) of the truth, and the opposition has no truth. No option exists which recognizes some truths on each side and tries to integrate them. You can only choose one.

However, eligible voters have a third choice: not voting. They are making that choice in droves. Finding a way for their voice to be felt and acted upon seems, to us, to be the task for addressing the crisis.  Electing either Trump or Biden will leave this underlying problem yet to be addressed.

The darkness-and-light vision that dominates our politics is ideally suited for the media and their entertainment business model. It delivers audiences to advertisers. About 40 million people watch cable (10 million) and broadcast (30 million) evening news casts.  Projected vote totals for 2020 are about 150 million.

These media numbers are close in percentage to the partisan political player ratio – about 70% avoid the evening news. Politicians and the media manage a lucrative power/money synergy working a third of the crowd for political and monetary profit. The other two-thirds of the public – those we call transpartisan – remain alienated from both partisan politics and the media.

Since the media joined with the political class in this commitment to polarization, it became easy to see why alienation from the system is as widespread as it is. In his 1997 book Breaking The News: How the Media Undermine American Democracy, James Fallows, of The Atlantic, laid out an early warning about the details of how our media undermines our politics.

What is wrong? How can one imagine a way out of our situation which so many consider desperate? We suggest that the crisis we see around us is one in which individuals are escaping two centuries of the constraints of tradition and law. In that framework, we can see this as a healing crisis. If it doesn’t kill us, it will make us stronger.

In this context, we think the root of the trouble is the intersection of decades-long, advancing ‘individuation’ of citizens breaking away from a continuing commitment by authorities to a concept of governance based entirely on representation. We believe the traditional system (some like to say when things were ‘normal’) started to weaken in the 1950s, falling into near collapse in the sixties.

‘Normality’ depended on the strength of tradition – fitting in – resisting demands for individual expression. The societal constraints on the individual began to weaken. The political class reacted by tightening the reins on individual empowerment. Individuals rebelled.

In the 1960s, rebellions against the rules broke out across the nation and the world.  Authorities put down the rebellions and sent troops into cities and university campuses, leading to the May 1970 Kent State and Jackson State killings.

In traditional times, people acquiesced to public schools run by ‘experts’ (administrators, teachers, and their unions) and to a health system focused negatively on sickness (also run by ‘experts’). Increasing demands for individual expression led to growing support for charter schools, alternative (including self-care) health approaches, and expanded sexual identities.

Between 1970 and 2020, the authorities tightened down the political rules.  In spite of the tightening, individuation kept growing – in gender and sexual identities and practices – through new information channels, and in the development of more individualized markets of consumer goods and services. Politics could not contain social/cultural individuation.

In management theory, the emergence of Theory Y (see below) empowered people to take initiative in decisions formerly made only by top management. Our political system is the only major governance system that has remained nearly unchanged in response to widespread demands for individual empowerment.

Both political parties retain the weak concept of citizenship that vests virtually all power in government officials, forcing citizens to maintain a passivity completely at odds with their psychological and existential individuation which, in turn, fuels their demands for empowerment. Collectively and individually, across the U.S. and around the world, individuals are breaking out of the enforced containment that separates them from their individual identities, resources, and aspirations.

In the context of this breakout, our political system is in a healing crisis. Individual empowerment demands to be heard. Our political system resists listening. No one in the current partisan political debate and system is effectively advancing, demanding, and relying on the importance of empowering citizens to play active citizenship roles. In debates on issues ranging from public school reform to health care; to drug and alcohol rehab programs to infrastructure building; and even to foreign and security policy, the engagement of citizens, an essential element to any possible success, is effectively crushed or diverted.

Our system will remain in crisis until we start communicating about the alienation that created a historic opportunity for Donald Trump, for which he turned out to be completely unfit. Until we focus this deep problem of politically alienated people that is growing every day; until we devise the ways to engage the powerful energy of empowered citizenship in addressing pressing issues, our political crisis will continue to grow. As we have often written, this vision of active citizenship is one of the most powerful features of all social service programs that are successful even when working with the most difficult and marginalized populations. This is true in the U.S. as well as in countries as diverse as India, Egypt, and Pakistan.

While we agree that Donald Trump continuing in office will exacerbate the problem, whoever wins, the deeper issue of disempowered citizenship will continue to drag down our political life, holding back the powerful opportunities of the Great Breakout currently underway across the world.

Our people are seeking a new form of Order out of Freedom.  Without a fundamentally different debate, one that expands the dichotomy to create an opportunity for the kaleidoscope of interests that animate each individual, the only alternative will seem to be authoritarianism.

The outcome of this, the most important election of our time, will point the way toward or away from the authoritarian option.

(Images of candidates by Gage Skidmore from Wikimedia Commons and licensed CC3.0.)

 


Understanding Theory X and Theory Y

Based on the theories of Social Psychologist Douglas McGregor.

Theory X and Theory Y were first explained by McGregor in his book, The Human Side of Enterprise, and they refer to two styles of management – authoritarian (Theory X) and participative (Theory Y).

If you believe that your team members dislike their work and have little motivation, then, according to McGregor, you’ll likely use an authoritarian style of management. This approach is very “hands-on” and usually involves micro-managing people’s work to ensure that it gets done properly. McGregor called this Theory X.

On the other hand, if you believe that your people take pride in their work and see it as a challenge , then you’ll more likely adopt a participative management style. Managers who use this approach trust their people to take ownership of their work and do it effectively by themselves. McGregor called this Theory Y.

The approach that you take will have a significant impact on your ability to motivate your team members. So, it’s important to understand how your perceptions of what motivates them can shape your management style.

(Excerpted from www.mindtools.com.)

“We are all Republicans, We are all Federalists”

Transpartisan Note #134

by A. Lawrence Chickering and James S. Turner

Thomas Jefferson used these words (as shared in Transpartisan Note #29) to bind the nation’s divisions in his first inaugural on March 4th, 1801. In the September 29th, 2020 edition of the NY Times, op-ed writer Jamelle Bouie uses his words to “look at the first and most consequential electoral crisis in American history: the election of 1800” and, in doing so, sets out the contours of the Transpartisan Matrix for the most consequential Presidential election in our early and perhaps our total American Constitutional history until 2020.

Bouie writes in There’s a Reason the Election of 1800 Still Sings Out to Us:

On Dec. 3 of that year [1800], the 138 members of the Electoral College gathered in their respective states to choose between Thomas Jefferson and the incumbent John Adams for president of the United States.

The last two years had been among the most tumultuous in the life of the young nation.

The 1800 US Presidential election squared off “order” Federalists against “freedom” Democratic-Republicans. The Electoral College deadlocked. The House took 35 inconclusive ballots between Thomas Jefferson and John Adams. On the 36th ballot, after seven days, the house settled on Jefferson for President and Aaron Burr for Vice President.

The House cast 36 ballots over seven days before it came to a decision. The representatives from Vermont and Maryland were still divided on their choice for president, but rather than drag the fight out further, Federalist holdouts in both delegations abstained. Their Democratic-Republican colleagues then cast their states’ votes for Jefferson. With 10 votes to four for Burr (two states chose not to vote), Jefferson had finally won the presidency. No Federalist congressman voted in his favor.

Read Bouie’s column and see if you can find how Democratic-Republicans and Federalists maneuvered the nation through the Transpartisan Matrix into a position to keep the twelve-year-old U.S. Constitutional experiment alive. Look for the Matrix.

Of all the elements self-government needs to survive, it’s this awareness — the knowledge that power wanes, for you and your opponents — that matters most. When a democracy loses this awareness, when there is a party or a faction or even a demographic that refuses to admit or accept defeat, it finds itself on life-support, risking terminal decline.

Compare and contrast the 1800 and 2020 Presidential elections. In either case, if you see or do not see the Matrix in the 1800 election, let us know what, how, and why you see what you see by sharing your thoughts in the comments below.

(Images from Wikimedia Commons and are in the public domain.)

Transpartisan Matrix: A Lens that Offers Hope

Transpartisan Note #133

by A. Lawrence Chickering and James S. Turner

New York Times writer, Joan C. Williams, in her op-ed The Case for Accepting Defeat on Roe reminds us to look to the Transpartisan Matrix for hope in times of political conflict. Ms. Williams, a right-to-abortion-choice advocate law professor, shares this interesting, arresting observation:

Often forgotten is that R.B.G. herself had decided that Roe was a mistake. In 1992, she gave a lecture musing that the country might be better off if the Supreme Court had written a narrower decision and opened up a “dialogue” with state legislatures, which were trending “toward liberalization of abortion statutes” (to quote the Roe court). Roe “halted a political process that was moving in a reform direction and thereby, I believe, prolonged divisiveness and deferred stable settlement of the issue,” Justice Ginsburg argued. In the process, “a well-organized and vocal right-to-life movement rallied and succeeded, for a considerable time, in turning the legislative tide in the opposite direction.”

Note the convergence she suggests once the Supreme Court’s role in abortion decisions is removed by a solid majority to reverse or effectively reverse Roe v. Wade.

I’m still reluctant to embrace the “overrule and move on” strategy, but moving on may be our only choice. And if abortion stops playing such a role in presidential elections, then Democrats may fare better with the 19 percent of Trump voters who have bipartisan voting habits and warm feelings toward minorities; we know 83 percent of them think the economy is rigged in favor of the rich and 68 percent favor raising taxes on the rich.

Once their presidential vote is not driven by Supreme Court appointments, how many might decide to vote on economic issues?

The article is a reminder that the Transpartisan Matrix offers an opportunity to see even the most impacted issue through a lens offering hope for positive resolution to both sides of the contentious partisan-political conflict.  Read and reflect on what might have been… and on what might come. Share your thoughts in the comments below.

The Transpartisan Matrix and an Open Seat on the Supreme Court

Transpartisan Note #132

by A. Lawrence Chickering and James S. Turner

New York Times writer, Bret Stephens, in his op-ed An Open Letter to Mitt Romney shares his argument for why Lindsey Graham is wrong to rush the appointment of a nominee for the Supreme Court and why Senator Romney should stand firm in light of the pressure he is receiving from his party. Despite the fact that Romney is supporting a vote, there is a lot to learn from this letter; from the response of the National Review; and from Romney’s own response.

One of Stephens’ most interesting points is to look at the hypocrisy of the Republican argument:

This, however, raises a philosophical consideration. If a central conservative complaint about the federal judiciary is that it has arrogated too many powers that ought to be in the hands of the people, how can conservatives justify entrenching their power in the courts in the expectation that they’re unlikely to win at the polls?

Now you have a Republican Party that seeks to advance its notions of judicial modesty and democratic accountability by the most immodest means imaginable, all in order to lock in conservative control over the least democratic branch of government. Wouldn’t the better Republican way be to try to win more elections with better candidates?

However, the National Review counters by pointing out:

Stephens believes that because conservatives think the Supreme Court should be less powerful, they should decline to confirm justices who share that belief, and cede the Court to people happy to use it as a kind of super legislature. It’s an entirely illogical argument, and one that I wish I could say was surprising to see in the paper of record.

In his article about Senator Romney’s response, Burgess Everett, explains that:

Because the president’s party controls the Senate this time around, Romney said it was reasonable for the GOP to move forward in considering Trump’s nominee in 2020.

“It wasn’t unfair because it was consistent with history. It was consistent with precedent, it was consistent with the Constitution,” Romney told reporters. “That the Merrick Garland decision was unfair, and so therefore it has to be made up by doing something which also wouldn’t make a lot of sense — which is saying to President Trump you can’t get your nominee, either — that just doesn’t follow.”

In Stephens’ letter, observe the way that freedom and order arguments (from our Transpartisan Matrix) are presented from both the left and the right.  Note the manner in which personal pragmatic desires are juxtaposed against “the good of the country.” Note that similar analysis is made for both left and right positions.  All of this from a conservative writer.  Note that the argument shifts from the left/right transactional horizontal spectrum toward the vertical order/freedom integration axis on both the left and the right.

Now let’s look at the Conservative National Review deconstruction of Stephen’s letter, as well as Romney’s response. Let us know if you see the Matrix and, whether you do or do not, share your comments and questions below.

(Photo by Gage Skidmore.)

Building a Broad Cross-Party Coalition

On September 9th, Representative Jamie Raskin hosted, with one of his Republican predecessors from Maryland’s 8th District, former Rep. Connie Morella (R-MD), an online event dedicated to building a broad cross-party coalition to “defend our democracy”. Joining them were Republican Member of Congress and good friend, former Oklahoma Rep. Mickey Edwards (R-OK) and the 2018 Republican candidate for Raskin’s seat, John Walsh.

Raskin’s former opponent’s inclusion was notable for, as a Republican, Walsh not only endorsed Representative Raskin this year, he also endorsed his parties’ opponents in the presidential election, Joe Biden & Kamala Harris, saying in true transpartisan fashion…

“It is an honor to join with other current and former Republicans in endorsing Jamie Raskin for Congress and Joe Biden/Kamala Harris for President and Vice President. At this juncture in our history, I believe only the Democratic Party offers a vision of hope, equality and unity and the commitment to the necessary reforms and programs to move us forward together… I stand today in support of Jamie Raskin and Joe Biden/Kamala Harris. I will vote for people who will fight for each and every one of us and will not pit us against each other.”

We urge you to get the full measure of this very valuable transpartisan event by watching/listening to all 38 minutes of it.

In announcing this event, Representative Raskin shared some notable quotes…

Thomas Jefferson, founder of today’s “Democratic party and third President of the United States, said at his first Inaugural: “We are all Republicans, we are all Federalists.” Lincoln said at his first Inaugural: “We are not enemies but friends. We must not be enemies. Though passion may have strained, it must not break, our bonds of affection.”

…pointing to the modern need, especially in this time of tumult, of forging new bonds of affection as we unite with transpartisan purpose to save democracy and our country.

You can also watch the video on YouTube at www.youtube.com/watch?v=Rrv-92urO5s.

A Strategic Revolt

Transpartisan Note #130

by A. Lawrence Chickering and James S. Turner

New York Times writer, Ross Douthat, in his op-ed The Revolt of the Republican Strategists continues to flirt with the Transpartisan Matrix.  In this article eviscerating It Was All a Lie: How the Republican Party Became Donald Trump, the new book by Stuart Stevens (longtime Republican operative and chief strategist for Mitt Romney’s losing 2012 campaign for the presidency), he makes this arresting statement quoting Stevens:

“Being against ‘out-of-control federal spending,’ a phrase I must have used in a hundred ads, is a catechism of the Republican faith. But no one really believes in it any more than communicants believe they are actually eating and drinking the body and blood of Christ.”

Douthat continues saying:

Except that in point of fact, many communicants at a Catholic Mass [which Douthat often writes about being] do believe that they are actually eating and drinking the body and blood of Christ. And this is particularly true among the conservative Catholics whose votes were essential to the Republican politicians Stuart Stevens tried to get elected president.

We suggest that the voters Douthat identifies here tend to occupy the Order Right quadrant of the Transpartisan Matrix. They form an essential part of the core transpartisan constituency.  They embrace order through tradition. What people believe matters.

At its best, politics tend to avoid fights over “belief” and seeks the best practical input from people with the widest range of faiths.  Empowering diversity of beliefs forms one strand of American Exceptionalism. Fights over beliefs drain energy from efforts to find solutions.

Check out Douthat’s article.  Find the matrix.

Joe Biden’s Historic Chance

Transpartisan Note #129

shared by A. Lawrence Chickering and James S. Turner

The Transpartisan Review has received some significant responses following its articles about TTR advisor Bill Shireman’s In This Together Initiative. As a nation, the United States appears to be  moving forward to address a wide range of local, national, and global problems, many of which stretch back for decades and even centuries. As the nation asserts itself – and its confining structures shatter – hundreds of thousands of free-market democracy advocates add their voice to the call for a more perfect union. We plan to publish communications that come to us offering next steps from a transpartisan perspective. This is our first.

Joe Biden’s Historic Chance

by Julian and Angela Gresser

If poll numbers are any indication of probability, it is likely that Joe Biden will become the next President. If so, his challenges are daunting. The country is severely and tragically divided by partisan rivalry, disparities of wealth and privilege (insider trading, even within the Congress), racial turmoil, and a cruel, inequitable delivery of justice. We have not seen such national outrage, shame, and grief in a long while.

Despite these challenges Mr. Biden has an unprecedented opportunity to reset the course of this country and lead us to safer shores. What if he has the courage to make a bold and novel decision beginning with the selection of his running mate? Instead of a familiar name, a politically correct candidate, or someone the Democrat Party leaders urge him to appoint, what if he were to choose the most qualified partner on the ticket, Democrat or Republican—for example, Tammy Duckworth, Susan Rice, and yes, even Nikki Haley? Beyond that, what if members of his Cabinet were also selected, and indeed all other significant appointments were made without the required political affiliation, connections, privilege, bias, or influence? Instead, what if his new administration gives highest priority to character, experience, capability, sound judgement, imagination, and wisdom? Perhaps most critical should be a proven ability to work together as a team in the service of all the people to heal the wounds of this nation and salvage its future. What a historic legacy.

Actually, this 21st vision of government precisely embodies the original spirit of the Founding Fathers. Most important, it responds to the yearning of the great majority of our fellow citizens for a restorative and wholesome change. As a strategy, this trans-partisan proposal should appeal to Republicans and Democrats alike, to elderly and younger voters, as well as independents.

We implore you, Mr. Biden, be courageous and ask yourself, “Why not?”

© Copyright, July 2020. Julian and Angela Gresser, All Rights Reserved.


About the Authors

Julian Gresser is Of Counsel to Swankin & Turner, Washington DC. He is the author of eight books in English and Japanese, has been twice Visiting Mitsubishi Professor at the Harvard Law School, and an advisor to the U.S. State Department (serving as an senior advisor to Richard Holbrooke on Japanese affairs), World Bank, European Commission, Republic of Korea, and the People’s Republic of China on environmental and industrial policies.

Angela Gresser is a retired designer, instructor of sustainable design and architecture, and writer.

(Photo by Gage Skidmore.)

Transpartisan Protest: Police Respond

Transpartisan Note #127

shared by A. Lawrence Chickering and James S. Turner

Elliot Ackerman contributing writer for the New York Times wrote in a June 4, 2020 opinion piece:

“In Flint, Mich., last week, Sheriff Christopher R. Swanson captured national attention when he made an impassioned statement of support to demonstrators and asked what he could do to help. They chanted for Mr. Swanson and his officers to “walk with us” in protest. They did.”

“In cities across the country — New York, Savannah, Ga., Coral Gables, Fla., Santa Cruz, Calif., and elsewhere — groups of police officers took the opportunity to march, kneel or otherwise express the conviction they shared with the protesters, that brutality should have no place in policing. More examples are being documented at #WalkWithUs on Twitter.”

Local America speaks with many voices.

Other examples of #WalkWithUs:

(Feature image shared by NYTimes on Twitter.)