Breaking Windows…or the Whole Welfare State?

In Le Monde, Brotherton & Phillips argue that a criminology theory, Broken Windows, became distorted by vulgar American social speciation (The poor are evil. Their automatic small transgressions cascade into crimes against the Order), and this corruption is what resulted in a recent, tyrannical Supreme Court ruling.

I like this analysis, in that it points to how even materialist explanatory frameworks become distorted within a conservative culture. (And why materialist explanations can never serve as adequate substitutes for historical-materialist explanations.)

Nonetheless, at the end of the day, any Supreme Court decision must be assessed in the context of that body’s other contemporaneous decisions, and there, unless we are hopelessly immobilized by fear, we must recognize a stark pattern has emerged.

 It is not simply that the Supreme Court justices fell prey to a bowdlerization of Broken Windows theory. That would be a tough enough problem to address. But in fact the situation is much, much more dire. The justices were selected for the Supreme Court because they are far from innocents. The US Supreme Court has come to revert to pre-liberal, end-of-days feudal British legal traditions, and this is not through a series of mishaps. SCOTUS sanctioned election fraud at the highest level; it has recently ruled in favor of capitalist class totalitarianism in the workplace; it has come to rule repeatedly in favor of state tyranny over citizen liberties; it is positioning itself to revoke Congress’ capacity to create welfare institutions. Through its interpretations and rulings, the both conservative and fundamentally elitist US Supreme Court is actively, systematically creating the legal framework for the decisive blows that convert the US to a ferociously capitalist class-biased night watchman terror state.

The working elite theory is that the conservative initiatives will bolster the investor confidence that the US, its dollar and its debts rely on. But the conservative theory of investor confidence is superficial, a symptom of a larger conservative misreading of capitalist accumulation incentives. Because of the 40+ year dominance of conservatism, the US economy is going down like a stepwise-imploding dirigible, and its elites will not fall without scrambling together a new age of serfdom and primitive accumulation—concentrated accumulation by any means possible.

Though they are always enchanted by American capital’s money, networks, organization, ready policy models, hype, and marketeers’ assurance, the rest of the world would do well to continue to turn away and let the Americans alone erect their self-rape and -pillage legal framework in their “exceptionalist” (British serfdom and imperialism meets American slavery and nuclear chain-reaction exploitation) tradition.

Marxists are correct about what is happening here. Despite their emotional rejection of Marxists above all, American liberals need to start to assess whether they will withdraw from the real world to protect their visions of marginally-conflicted, equilibrium, civilized capitalism, or whether they will get back in there and organize to defend the pillars of their crumbling, limited-Enlightenment utopia—from conservatives this time, again.

You have to ask yourself: Are you really comfortable with slavery and serfdom?, because these remain fundamental conservative institutions–entirely complementary to, we can see plainly before us, capitalism, wretched capitalism. Absolute power corrupts absolutely; and under a system of concentrated power–such as is capitalism, there is no high, easy road to progress.

There is No Compromise with Conservatives

“So, the Heritage Foundation said let’s do an individual mandate because it keeps it (health care reform) within free enterprise. The alternative was single payer. And they didn’t want that, and I’m in sympathy with that. So now all of a sudden the free-market alternative becomes unconstitutional and terribly intrusive where a government imposition and government-run project would not be? I don’t get it. Well, I do get it. It’s politics” Liberal-conservative Charles Fried commenting on the the Randy Barnett-led conservative campaign, which aims to use the Supreme Court to kill Obamacare. 

Obamacare (The Patient Protection and Affordable Care Act, PPACA 2010) requires, on pain of fines, individual Americans to buy health insurance from private health insurance firms. Why conservatives hate it is because it is a progressive redistribution of wealth, and so an enlargement of power and freedoms. Further, millions of Americans cannot afford food or shelter, let alone buy expensive health insurance; so their insurance costs must be socialized. Conservative states and conservative business organizations filed lawsuits (and amicus brief), and the Supreme Court agreed to hear their arguments.

Say you want to get something done: Address the problem of the predatory, unregulated health care industry which is sapping the economic strength of responsible employers and the working class, causing crisis within the working class and foisting the costs of an unhealthy, traumatized populace upon the state, capital productivity, and society.

If you wanted to do something, you would have had to coordinate a massive protest + polity campaign, first to get a President who would and could appoint progressive judges to the Supreme Court, and then to press for universal  Medicare, with the state being a single buyer of services (to negotiate medical rents down). Given the judiciary is conservative, this is a long-term project at this point. There is no other road. If you wanted to get social reform accomplished, you cannot compromise with class warrior conservatives, because even though they own Congress, they own the judiciary more. Ideologically, Republicans and other class warrior conservatives will not tolerate the idea that any policy that strengthens the working class strengthens the capitalist class or economy.

Illustrated: the difference between Fried (a Reagan-era conservative = Democrat) and Barnett class-warrior conservatives is that the former agree that something had to be done about health care cost and access in the US–and something could be done that would benefit capital. Whereas the latter are “Let them eat cake” Malthusians. The Barnett class-warrior conservatives believe that the working class should be miserable, in crisis, and dead young (The elitist Supreme Court judges laughed merrily at the idea of working-poor families booted off health insurance.), and on principle no state should stand in the way of that proper “market”/god-given outcome. Following feudo-capitalist British tradition, as long as US military troops and mercenaries are competitive in imperial war, there is no need for class compromise or social amelioration in Malthusian conservatives’ view. Might makes right.

And when I’m finally old enough to learn to play the game, 
Oh the dinosaurs will roam the earth, and resume their bloody reign. 

Political Problem: The Supreme Court is a Fundamental Enemy of Democracy

Robin plumbs another depth to conservative strategy: The reason why the Supreme Court agreed to hear this challenge to Obamacare as a matter of constitutional law is because that conservative court has been using the Constitution’s commerce clause to work toward constructing the class-warrior legal interpretation: broadly, the interpretation that the Constitution does not give Congress the authority to create working class-supportive social institutions (eg. Medicare, food assistance, Medicaid, Social Security, etc.). This conservative constitutional interpretation would illegalize all institutions of the welfare state, making the US a night watchman state.

Doug Henwood and Daniel Lazare argue that with one exception-that-proves-the-rule (post-FDR) period, history has shown that the Supreme Court is hopelessly anti-democratic. Robin explains the  elitist Supreme Court problem for democrats: The commerce clause hasn’t always been an obstacle to progressive social change. Iff you had a social movement in place, and iff you ALSO had a president who was able to appoint Supreme Court justices who wouldn’t strike down all progressive legislation, the commerce clause could be turned to freedoms expansion.

So after Roosevelt’s liberal judicial appointments, and with social movement pressure, for a couple decades justices used the commerce clause to authorize Social Security, the Wagner Act, the Civil Rights Act, and more. But  social movement is not enough. There were social movements in the US for many decades that managed to pass legislation, and it all got struck down by the Supreme Court.

Unless you struggle to abolish the Supreme Court or pass an amendment that radically restricts its authority, it’s going to wield that authority and strike down freedoms-expanding legislation.

The only temporary alternative is if a social movement can over time both advance a President who will appoint new progressive judges and maintain the disruption and pressure needed to advance progressive, freedoms-expanding legal interpretation.

Strange Fruit: A Nice Kid Savagely, "Legally" Cut Down

Young Treyvon Martin was hunted down and murdered in cold blood because ALECNRA machine-written law, in the context of the undead slave society legal and cultural tradition within the US, identifies all black male activity (including even walking to and from a convenience store to buy a box of Skittles) as a “threat” that legally can be “met with deadly force.”

That’s right. We find that our corporate overlords (including Walmart), via their venal, despicable ALEC (American Legislative Exchange Council), have been going from state to state, flogging the legalization of hunting neighborhood black children (The Castle Doctrine Act/ Stand Your Ground law. Yes, it is not a coincidence that the legislation titles sound like they were written by a penis. The Little King strategy). Corrupt policy for an apartheid military society.

Look, this is clearly a case where liberals should be in there, taking on the conservative corporate warlords. The ALEC / NRA legislation is nothing more than Klan policy in a Jim Crow country.

“You live in a country where your son can get A’s and B’s in high school, be well liked by his teachers, never get in trouble with the law, and run out to buy a snack during the NBA All Star Game, and never come home…because someone decides he has the right to execute your son…That’s the country you live in, if you are black in America” Lawrence O’Donnell.

The rotten-hearted US, devoid of the union strength required to set a brake on and break a corporate-feudal law that elaborates itself as a greasy film of excuses for abominations against humanity.


Likewise, ‎”Florence, an African-American, was driving with his pregnant wife and four-year-old son in March 2005 when he was pulled over by a New Jersey state trooper. He was arrested on a bench warrant for an unpaid fine. The warrant had been cancelled two years earlier after the fine was paid, but it had never been removed from the police data system. Florence was taken away in handcuffs and spent the next six days at the Burlington County Detention Center, where he was ordered to undress, sprayed with a delousing agent and inspected for contraband and gang tattoos. He spent an additional day at the Essex County Correctional Facility in Newark, where he was stripped and ordered to squat and cough, a maneuver designed to eject anything hidden in the rectum. Brought before a magistrate, he was released without charge.” 
The anti-democratic Supreme Court says, “no problem”.

The militarized NYC police “elite gun unit” has been outed for systematically treating black people, and black people alone “like animals,” as policy. 

“They didn’t care if it was kids in there, they didn’t care if it was women in there, naked women,” the detective said. “. . . They treated them as if they had no rights whatsoever. It was disgusting.” 

“What white American majorities have been collectively attempting to redeem for the past 40 years, is a White Man’s Country. That’s why they have voted Republican in presidential elections since 1968, with Richard Nixon’s Southern Strategy. That’s why, in the wake of the Black Freedom Movement of the Sixties, white electorates in every state put in office politicians that methodically constructed an overwhelmingly non-white Prison Gulag that now warehouses 1 out of every 4 incarcerated persons on the planet, half of them African American. That’s the essential truth of Michelle Alexander’s New Jim Crow, under which Blacks are criminalized as a people in order to return them to the status of a subjugated class. 

The Stand Your Ground-like laws that have been enacted by more than two-dozen states are very public manifestations of unreconstructed white nationalism on the offensive.”


I don’t look at the Right wing blogotwitterosphere. That’s a pastime for others, and not my schtick. But I am somewhat interested in how the Right cannot effectively spin the spate of state terror unleashed on innocent black people these days. I did happen to stumble upon one conservative comment thread trying desperately to damage-control spin the topic of Martin’s murder. The political tack that the conservative tweeter was trying to flog was this: “The Left (which hesheit calls “neoliberals”–either for obfuscation purposes if hesheit is a paid conservative dittohead, or because hesheit is honestly politically clueless) has politicized the Martin murder. Good people will simply see Martin’s murder as an inexplicable act of God, not think, and just sadly FEEL the unaccountable tragedy, and then quietly walk away, nothing to see here folks, get back to your workstations.” 
So you, Little Lord Faunteleroy, declare it’s exploitative, it’s impossible, it’s wrong to both feel and think. To start, I gotta alert you, junior. The Right, though they believe they are the only humans, actually do not have a monopoly on feeling bad at the death of boys. In fact, there’s plenty of evidence, historical and contemporary, that conservatives’ feelings are shockingly absent at the death of black boys; and the Left, the thinking, political Left, is decidedly more human, more feeling in this regard. 
Not only that surprising fact, but also: Someone let the politicization out of the bag a loooong time ago, Twinkles: Hence the NRA, ALEC, their Castle/Stand Your Ground political campaign to militarize American civil society, as well as the similarly elite, antidemocratic use of constitutional law to allow wealth to dominate politics and to give free reign to state terror. That’s all political, Virginia. And it’s politics that results in political corruption, economic pillaging, brutality, state terror…and murder. Are you still telling us to stop feeling and thinking together? I’ve got to wonder what’s wrong with you.
This conservative schtick did not seem to be getting much traction (not much of a conservative yes-men choral response) on-line, leading me again to believe that this tweeter is an unpaid conservative tool. (Or conservatives are just completely busted on selling their brutal polity achievements these days.) [UPDATE: No. This nothing-to-see-here/back-to-your-workstations conservative gambit was reproduced for a mass audience…by The Daily Show (Larry Wilmore & Jon Stewart), in April 2012. It should be noted that The Daily Show positions itself as a “fair & balanced” liberal political commentator. See here and here for analyses of conservative liberalism.]

I do have one thing to say to unpaid conservative internet trolls:

If you are attempting to flog conservative dogma, and you don’t get a piece of Koch’s prodigious black gold accumulated and reserved precisely for such a commercial service (as protected by the antidemocratic SCOTUS), then you need to examine your life, son. There’s a term for someone who does unpaid work for a wealthy, freeloading tyrant who could easily pay for the labor…No wait. A slave wants freedom, but is brutally constrained. Something (self-)objectified, that is dedicated to be used by a boss, that aspires neither to commodification nor freedom, well now that is specifically a tool. A tool, son. We all know what the Limbaughs, Malkins, and Palins are doing: Paying for the estates, the nannies, the Manolo Blahniks, the Mercedes-Benz SUVs, and the Viagra stash, working for a massive, high-rent industry. The question is: What are you doing, Littlest Hobo King? I’ll tell you what. Since you come so cheap, I need a squire. I’ll pay you  a little above your going rate: a strand of licorice and a gumdrop for your lifelong service. …Or maybe you should consider opening up some books, going to some new places, making some new friends, listening to some different voices, do some reflecting about which side of history you do the free work for. …And for the record, you can keep feeling as well as reflect. It’s a little razzle-dazzle we Leftists like to call being human.

And, conservative pros, good luck with your Right-wing pro-feudal state terror spin. All your dogmatic court and legislative coups spew brutality and crisis. You don’t know how to rule worth a damn.

Researcher Fournier likewise finds a pattern of institutionalized racism in Anglo-American (Canadian) courts (forthcoming, Canadian Criminal Law Review 2012). The courts are lenient on men who kill their families in a fit of “passion”, iff the men are white.

Law’n’Order Corrupts Absolutely

Authoritarian Law’n’Order is by its very nature corrupt and corrupting. Here, law enforcement officers relate how they fabricated drug charges against innocent people, in order to meet Law’n’Order quotas.

…Once again proving that you are a bona fide idiot, if you think militarized policing and prison slavery build-up is a concession to the working class and an imposition of firm, fatherly (or feminist. whatever.) order. The working class will pay for each and every police and prison job through the nose and then through every other orifice they’ve got.

Lawless Imperialism–UK style

Northern Ireland was mis-ruled until 1998 under a series of British Emergency Powers Acts virtually from the moment of its creation in 1921. Here’s one. Prior to 1921, it was quite common for Britain to govern Ireland via various “Coercion Acts”, most of which suspended habeus corpus. The USA adapted many British laws on anti-terrorism after the Oklahoma City bombing.

The Persecution of a Two-way Mirror

At this blog site, Joanne Namerow discusses the main Wikileaks outrage, from elites’ perspective: States’ use of surveillance technology, rendering subjects’ lives and political views transparent to rulers, can occasionally be used to make capitalist state and capitalist elite machinations transparent to the public. What Namerow doesn’t discuss is that transparency isn’t half of what’s required for political mobilization. The state has the advantage of being run on behalf of antidemocratic elite interests, whereas the capitalism in front of our faces remains illegible to most of the unorganized public. Further, the leaks can’t stop the great assembled masses of neocon strategists and secret polices from doing their job #1–suppressing democracy and promoting Anglosphere financial-militarist capitalist interests.

The public elite freak-out over Wikileaks is a nice, petulant, fascist law’n’order rallying cry and all, and it’s not like they don’t have the excess machinery to prosecute their campaign; but it is also a lot of wasted energy and resources. But hell– I’m all for elites & their retainers wasting their considerable, malevolent, ne’er-do-well energies, and they’re wasting our appropriated resources anyway.

Democracy Now! hosts a Dec 20, 2010 debate between a socialist feminist, Naomi Wolf, and a neoliberal feminist, Jaclyn Friedman over the international persecution of Wikileaks’ Julian Assange.

What’s at stake in this debate is setting the criteria for the circumstances in which socialist feminists coalesce with neoliberal feminists, and the circumstances in which socialist feminists must break off from neoliberal feminists and regroup as a separate network (cf Nancy Fraser).

When Karl Rove comes knocking at your door and tells you he will let you decry rape for 15 minutes on teevee if you sell imperial tyranny for him, and your reaction is “OK! Sounds like a bargain!”, you know you’re a fucking neoliberal tool. If and only if in the context of an international antidemocratic elite campaign, you do not believe that women have the capacity to make decisions, then you are not a feminist; you are a paid neoliberal shill. Since we are strict pomos and we must allow women to label themselves feminist if they want (or if it serves their career networking), we could gamely specify them as Karl Rove feminists. Which version of feminism led Friedman naturally to resort to yelping, “Fear! Fear! Fear is the reason!” at the end of the Democracy Now! debate.

Yes, most of us women and many men have been raped; it involved fear and other emotions, and rape is one of the overlapping abuses of power in a rapacious, proliferating, inequality-based political-economic culture of alienation and “unmaking,” as Elaine Scarry might put it. The existence of abuse in individual relationships requires us to morally oppose the further development of the institutions that foster such oppression. The long elite antidemocratic campaign is a central corrupt and corrupting institution.

Inasmuch as it first pointed to hypocrisy (as articulated by Naomi Wolf and Michael Moore), the charge that Sweden underprosecutes rape is a distortion of the actual legal strength of women in Sweden vis-a-vis sexual violence. Sweden has a very different legal system that approaches almost all crime with restitution, rather than vindictive, long-term punishment as in the Anglosphere; and that social democratic legal tradition is an asset that reduces alienation and oppression. (In ignoring this, Amnesty is cooperating with a local Swedish effort to use the international public sphere for local political purposes. Perhaps in the Swedish context, Amnesty’s classification of women in Sweden as particularly vulnerable to consequence-free violence supports women’s emancipation; perhaps instead it supports neoconservative efforts to augment inequality by replacing the current legal system with a punitive, capitalist class-biased Anglo legal system.) There is a very good reason why some Swedes are angry with the state prosecutor and the neoliberal feminists for assaulting that reconstructive social democratic tradition.

This Assange prosecution case will most definitely NOT make Sweden and the world better at opposing rape, contrary to Friedman’s baseless assertion. It will only continue to give conservatives license to destroy democracy in the glorious, cynical, patriarchal name of protecting the sub-rational womenchildren sub-citizens. Sweden has a conservative Law’n’Order government that got into power and stays there by flogging the idea that swarthy immigrants threaten the virtue and accomplishments of “real,” “liberated” Swedish women. Those politics of pimping out feminism are honed to a fine art in Sweden, as you can see from watching the cynical Swedish lawyer in the Democracy Now! report.

Sweden’s conservative government is absolutely colluding with other conservative states to pimp out women’s fear and rage at being raped for these rulers’ own antidemocratic purposes. Wolf knows what she’s talking about, and her incisive analysis is impressive.

Assessment of socialist-feminist / neoliberal feminist coalition:

In the Assange case, the neoliberal feminists are not fighting for rape victims or any women. They are serving as a voluntary army for politically-organized international capital. But simply wrapping the terrifying, bloody flag of sex victimhood around the shoulders of this conservative campaign cannot make it liberatory for anyone but already overly-mobile capital, rapist of whole communities and societies, progenitor of alienated, dehumanizing, abusive, exploitive relationships. And I speak not just from a political perspective, but also from an experiential perspective, as a feminist who was raped by an IDF soldier.

This is a point where socialist feminists cannot reconcile with the political program of neoliberal feminists, which has led directly into the pit of extreme social inequality, including gender inequality–if you recognize that women make up the majority of the world’s poor, exploited, dispossessed and disenfranchised. In today’s political context, mutual opposition to rape and patriarchy is not enough, nor is mutual commitment to women’s advancement. Which rape? Which patriarchy? Which women’s advancement? These are crucial questions, because the neoliberal feminists’ abstracted emotional triggers cannot hide the bloody flood of wretched disparities in life chances that we have seen and will continue to see under the management regime of such neoliberal supplicants to the conservative movement.

This is a point at which socialist feminists must regroup around their own separate, historically-rooted Left feminism. They can and must fight sexual violence and promote women’s networks separately from the neoliberal feminists. Mobilize their own constituency. Build upon their tradition’s own ideas. The neoliberal feminists’ only policy answers are sealed within the bleak, corrupting world of Reagan, Thatcher, Mulroney, and Reinfeldt, wherein Karl Rove’s Angels can sell their glossy, full-color magazines to the self-righteous daughters and wives of finance, insurance, and real estate.

Considered strategically, socialist feminists should remember, however, that over an historical sweep, the existence of elite conservative feminist hegemony–while destructive in many terrible ways–can produce something of a hegemonic check on Left patriarchs. As Paul Lichterman’s work has shown, it’s sometimes wise to refrain from enjoining fierce bullying with all your firepower–but rather to practice some jijitsu. You don’t want to completely alienate or destroy all enemies.

Naomi Wolf is a good model. She articulates a consistent, clear socialist feminism firmly and confidently, even while she is being savaged by the neoliberal feminists. The trick is to regroup with other socialist feminists at such junctures–not to let the neoliberals get inside your head.

There will come a point in the future where the competing feminist groups will have temporary use of each other. You want your head clear to take advantage of that moment.