A former dean of the Yale Law School sounds a warning.
Anyone who has followed the news from college campuses over the past few years knows they are experiencing forms of unrest unseen since the late 1960s.
Now, as then, campuses have become an arena for political combat. Now, as then, race is a central issue. Now, as then, students rail against an unpopular president and an ostensibly rigged system. Now, as then, liberal professors are being bullied, denounced, demoted, threatened, sued and sometimes even assaulted by radical students.
But there are some important differences, too. None of today’s students risk being drafted into an unpopular, distant war. Unlike the campus rebels of the ’60s, today’s student activists don’t want more freedom to act, speak, and think as they please. Usually they want less.
Most strange: Today’s students are not chafing under some bow-tied patriarchal WASP dispensation. Instead, they are the beneficiaries of a system put in place by professors and administrators whose political views are almost uniformly left-wing and whose campus policies indulge nearly every progressive orthodoxy.
So why all the rage?
The answer lies in the title of Anthony Kronman’s necessary, humane and brave new book: “The Assault on American Excellence.” Kronman’s academic credentials are impeccable — he has taught at Yale for 40 years and spent a decade as dean of its law school — and his politics, so far as I can tell, are to the left of mine.
But Yale has been ground zero for recent campus unrest, including a Maoist-style struggle session against a distinguished professor, fights about “cultural appropriation,” the renaming of Calhoun (as in, John C.) College, and the decision to drop the term “master” because, to some, it carried “a painful and unwelcome connotation.”
It’s this last decision that seems to have triggered Kronman’s alarm. The word “master” may remind some students of slavery. What it really means is a person who embodies achievement, refinement, distinction — masterliness — and whose spirit is fundamentally aristocratic. Great universities are meant to nurture that spirit, not only for its own sake, but also as an essential counterweight to the leveling and conformist tendencies of democratic politics that Alexis de Tocqueville diagnosed as the most insidious threats to American civilization.
What’s happening on campuses today isn’t a reaction to Trump or some alleged systemic injustice, at least not really. Fundamentally, Kronman argues, it’s a reaction against this aristocratic spirit — of being, as H.L. Mencken wrote, “beyond responsibility to the general masses of men, and hence superior to both their degraded longings and their no less degraded aversions.” It’s a revolt of the mediocre many against the excellent few. And it is being undertaken for the sake of a radical egalitarianism in which all are included, all are equal, all are special.
“In endless pronouncements of tiresome sweetness, the faculty and administrators of America’s colleges and universities today insist on the overriding importance of creating a culture of inclusion on campus,” Kronman writes.
This is a bracing, even brutal, assessment. But it’s true. And it explains why every successive capitulation by universities to the shibboleths of diversity and inclusion has not had the desired effect of mollifying campus radicals. On the contrary, it has tended to generate new grievances while debasing the quality of intellectual engagement.
Hence the new campus mores. Before an idea can be evaluated on its intrinsic merits, it must first be considered in light of its political ramifications. Before a speaker can be invited to campus for the potential interest of what he might have to say, he must first pass the test of inoffensiveness. Before a student can think and talk for himself, he must first announce and represent his purported identity. Before a historical figure can be judged by the standards of his time, he must first be judged by the standards of our time.
All this is meant to make students “safe.” In fact, it leaves them fatally exposed. It emboldens offense-takers, promotes doublethink, coddles ignorance. It gets in the way of the muscular exchange of honest views in the service of seeking truth. Above all, it deprives the young of the training for independent mindedness that schools like Yale are supposed to provide.
I said earlier that Kronman’s book is brave, but in that respect I may be giving him too much credit. Much of his illustrious career is now safely behind him; he can write as he pleases. Would an untenured professor have the guts to say what he does? The answer to the question underscores the urgency of his warning.
How Trump Corrupts the Rule of Law
We take it for granted that President Trump says demonstrably false things on any number of topics. That is itself alarming.
But gross factual mischaracterizations have started to trickle down to the lawyers who serve at the president’s pleasure: At oral argument in the Supreme Court, for example, the solicitor general declared that the president had made it crystal clear that he would never follow through on his campaign promise to ban Muslims. In fact, the president never said any such thing.
.. In the case, Ms. L v. Immigration and Customs Enforcement, the president has made the up-is-down claim that a Democratic law — the Trafficking Victims Protection Reauthorization Act, in conjunction with the Homeland Security Act and statutes criminalizing illegal entry — requires him to separate families to protect the children.
.. The administration’s legal mumbo-jumbo attempts to use laws that are meant to protect vulnerable children as a screen to terrorize them and to deter immigrants from coming to the United States border.
.. The laws that Mr. Trump’s Justice Department cites — which apply to unaccompanied children, not children with parents — require no such thing.
.. Instead, the Homeland Security law, a statute governing the Office of Refugee Resettlement, gives custody of unaccompanied minors to that department, and very clearly not to the Department of Homeland Security, to address the challenges that children without parents face in the immigration system.
.. The statute that addresses child trafficking — part of the Trafficking Victims law — is designed to reduce the risk that children who are alone will fall victim to human trafficking. The administration is arguing that the laws do the opposite — that they make children more vulnerable to human trafficking and place children at greater risk in the immigration system — and so require the D.H.S. to separate families that would otherwise be together.
.. This is a specious use of law: It inverts the laws governing child immigration and uses them to exacerbate the very evil the law was designed to address.
.. Mr. Trump’s Justice Department is thus lying about what the tax bill did, and about Congress’s intent in passing it. And the department, like the president himself, is doing so as part of a transparent effort to rid the country of a law that Mr. Trump and his Republican caucus do not like but could not repeal through normal channels.
.. Lawyers, including at the Department of Justice, sometimes make aggressive arguments. But there is a difference between aggressive and preposterous, and between truths and untruths. The rule of law depends on these distinctions — to hold governments officials to the law, we need to be able to acknowledge what the law says.
.. The administration is simultaneously insisting that it must enforce a law that does not exist, but is refusing to defend a law that actually does exist, and jeopardizing the law in the process.
.. More likely, the administration will not persuade the current Supreme Court with these arguments. But it may be playing a long game that shifts expectations about legal arguments, and what falls within the bounds of reasonable — to make the law seem as manipulable, and therefore as easy to write off, as the facts.
This is a test for the courts. The executive and legislative branches have in too many ways capitulated to the president’s post-factual world. Will the legal system allow a post-legal one as well?
No amount of capitulation will ever sate Trump
the broader dilemma for any political appointee in the age of Trump: Is it possible to serve both this president and the greater good? Is it better to be inside, attempting to mitigate the damage he is capable of causing? Or is that a sucker’s game, one that Trump, uncontainable, will always win, leaving subordinates stained in the process?
.. It is not best practice to let an interested party, even if that party is the president, dictate what potential misconduct to probe. But that accommodation may be, in the scheme of things, a reasonable one.
.. The meetings, which Justice and intelligence officials initially balked at, were conducted at the insistence of the White House, which should stay out of an investigation of the president, not meddle in it.
.. Democratic lawmakers were initially excluded — on the theory, as White House press secretary Sarah Huckabee Sanders put it, that it would be strange for Democrats to “consider themselves randomly invited to see something they never asked to.”
.. No amount of capitulation will suffice. He is interested only in self-preservation, no matter what the cost to the rule of law... raises the risk of every deviation from ordinary practice — that it will set a dangerous precedent without achieving more than a temporary reprieve — even if it does not dictate where, exactly, to draw the line.
The Real Russia Scandal
Mike Flynn. In 2016, the retired general published a book that made clear where he stood when it came to Russia.
“Although I believe America and Russia could find mutual ground fighting Radical Islamists,” he and co-author Michael Ledeen wrote, “there is no reason to believe Putin would welcome cooperation with us; quite the contrary, in fact.”
Lest there be any doubt as to where the future national security adviser stood, Flynn went on to stress that Vladimir Putin “has done a lot for the Khamenei regime”; that Russia and Iran were “the two most active and powerful members of the enemy alliance”; and that the Russian president’s deep intention was to “pursue the war against us.”
All this was true. Yet by the end of the year, Flynn would be courting Russia’s ambassador to Washington and hinting at swift relief from sanctions. What gave?
What gave, it seems, was some combination of financial motives — at least $65,000 in payments by Russian-linked companies — and political ones — a new master in the person of Donald Trump, who took precisely the same gauzy view of Russia that Flynn had rejected in his book.
.. the president’s craven apologists insist he’s right to try to find common ground with Russia. These are the same people who until recently were in full throat against Barack Obama for his overtures to Putin.
.. Yet the alleged naïveté never quits: Just this week, he asked for Putin’s help on North Korea.
The better explanations are:
- the president is infatuated with authoritarians, at least those who flatter him;
- he’s neurotically neuralgic when it comes to the subject of his election;
- he’s ideologically sympathetic to Putinism, with its combination of economic corporatism, foreign-policy cynicism, and violent hostility to critics;
- he’s stupid; or
- he’s vulnerable to Russian blackmail.
.. Each explanation is compatible with all the others. For my part, I choose all of the above — the first four points being demonstrable while the last is logical.
.. There’s no need to obsess about electoral collusion when the real issue is moral capitulation.