Our Increasingly Fascist Public Discourse

Consider the concept of “European Enlightenment,” which has no singular philosophical meaning. As a taxonomical category, it could include philosophers as fundamentally opposed as Hume and Kant. Some of its figures, not least Kant, were the chief proponents of concepts that fascists roundly reject (namely, universal human dignity).

.. Nonetheless, European far-right politicians have subtly adopted talk of the Enlightenment as a way to smuggle in more bald-faced claims of European superiority. For example, Antwerp mayor Bart De Wever, an outspoken Flemish nationalist, recently started referring to the Enlightenment as “the software” of “the grand narrative of the European culture.” Borrowing from British philosopher Roger Scruton, he argues that “the European Enlightenment” and nationalism are complementary, rather than opposed. In De Wever, one finds significant overlap with Faye. For example, both condemn liberalism and socialism as leading to “open borders,” “safe spaces,” “laws that protect feelings,” and the dissolution of parental authority.

.. By contrast, consider the case of Steve King, a Republican member of the US House of Representatives from Iowa, who recently caused a controversy by asking how language like “white nationalist, white supremacist, Western civilization” had “become offensive.” King apparently did not get the memo about striving for respectability. But the rest of his party did. Following a public outcry, congressional Republicans stripped King of his positions on the House Judiciary and Agriculture Committees. Though he had made similarly offensive statements in the past, the Republican Party saw an opportunity to assert its relative respectability. And so, King was thrown to the wolves for expressing views that many of his fellow party Republicans – beginning with its 2016 presidential nominee – no doubt share.

.. And yet, reading European fascists’ metapolitical dictionaries is deeply disconcerting, because one finds that much of the language – and the concomitant ways of thinking – has already achieved mainstream status.

Faye, for example, denounces anti-racism as a doctrine that “encourages discrimination in favor of aliens, the dissolution of European identity, the multiracialization of European society, and, at root, paradoxically, racism itself.” When that was written in 2001, it seemed ridiculous. To say that anti-racism is racism is a classic fascist inversion of ideals (war is peace, corruption is anti-corruption, authority is freedom). But now consider what has happened in the intervening years. The concept of “reverse racism” has become mainstream.

When Faye asserts that anti-racism is the “[t]ouchstone of the self-righteous” and “the most advanced expression of postmodern totalitarian ideology,” his diatribe becomes obviously unhinged. But aside from the level of hyperbole, is his argument really so different than the brilliant Columbia University linguist John McWhorter’s description of “Antiracism” as “a new and increasingly dominant religion?”

Or, consider the issue of “political correctness,” defined by Friberg as “a pejorative normally used for a set of values and opinions from which individuals are not allowed to deviate without falling victim to social and/or media sanctions.” In the two excerpts below, both from Friberg’s work, it is genuinely hard to tell whether the author is Friberg or one of any number of US-based “classical liberals” decrying the latest trends on college campuses:

.. To take a final example, attacks against so-called cultural Marxism seem to have become mainstream within academia. But, as Yale University’s Samuel Moyn recently pointed out, the term itself is a recycled anti-Semitic trope that has been bouncing around on fascist message boards for years.

In reading Faye and Friberg and seeing the many overlaps with contemporary political discourse, it is difficult to avoid the thought that the fascists are winning the semantic war. To be sure, many of the American and European liberals wringing their hands about the “far left” and gender studies would reject Nietzsche and be called, by the far right, “globalists.” These are not fascists. And yet, we should not forget how easy it has been for some thinkers and politicians – Germany’s FDP is our era’s Exhibit A – to drift there from neoliberalism.

THE FASCIST SINGULARITY
Similar slippages can occur in other areas. For example, some anti-nationalist public intellectuals are increasingly pressing for a debate about IQ differences between racial groups, if only to signal their own commitment to the truth. And others are urging us to recognize the Enlightenment as the signal achievement of civilization, as if it was the Europeans who invented reason and bestowed it on the rest of humankind. As Gingrich understood when he included terms like “debate” and “listen” on the positive side of his ledger, appeals to reason can serve almost any end. Hence, Friberg assures us that reason is on the side of limited immigration.

Likewise, fascist ideologues constantly hold up and defend meritocracy as an ideal. But so, too, do all of the “globalists,” as well as the libertarians in Silicon Valley. In the event of an environmental catastrophe, it is not difficult to imagine free marketeers opting for ultra-nationalism as the best survival strategy, or tech billionaires deciding that society should be run by the “winners” – that is, people like them.

.. In its original usage, the term “alt-right” encapsulated somewhat distinct anti-democratic ideologies, among them the philosopher Nick Land’s “Dark Enlightenment.” According to Land, democracy is inevitably corrupting, and democratic states thus should be replaced by “Gov-Corps” that are run as corporations and managed by a CEO. The guiding principle would be “No voice, free exit,” meaning that citizens would have no say in policymaking, but could leave whenever they wanted (as if self-exile – one of the harshest punishments throughout antiquity – is cost-free)

According to Quartz’s Olivia Goldhill, the Dark Enlightenment has attracted a number of prominent supporters in Silicon Valley, including, apparently, the venture capitalist Peter Thiel, who has been channeling some of its tenets in his speeches.

Scholars who write about the Dark Enlightenment have employed the term “fascism” to describe it. The danger now is that distinct far-right anti-democratic movements, from European and American ethno-nationalism to techno-corporatist strains like the Dark Enlightenment, are converging, albeit with supporters who have been drawn in for different reasons.

.. the objective of fascist metapolitical dictionaries like those by Faye and Friberg is to insinuate innocent-sounding terms into public discourse in order to make once-unacceptable anti-democratic ideologies seem benign, thereby lessening public opposition to, if not licensing, anti-democratic action. When the fundamental democratic principle of equal respect is recast as “political correctness,” it is no surprise that people would become more accepting of politicians calling entire immigrant groups “rapists” and “snakes.”

.. we do not know if it is possible to adopt the language of hysteria about leftists, unions, Marxism, gender, and immigrants without also adopting other parts of the fascist package.

.. Intellectuals from Klemperer to James Baldwin have warned us about the costs of defeat in the semantic war, which we lose by adopting the vocabulary of our enemies.

How the US Supreme Court Lost Its Legitimacy

Though Democratic presidential candidates have won the popular vote in every single election since 1992, except one, Republicans have managed to secure a far-right majority on the US Supreme Court. As a result, the Court’s claim to be a neutral, non-partisan arbiter for pressing constitutional questions is quickly losing credibility.

.. the nomination of Brett Kavanaugh to a seat on the Supreme Court marks the culmination of a decades-long campaign by the right-wing Federalist Society to reshape the judiciary. For those devout conservatives and their monied backers, faced with the prospect of massive demographic and generational shifts in the country’s body politic, the strategy has long been to find a way to limit severely access to authentic democratic governance in the United States for generations to come. They now seem on the verge of achieving their goal.

.. since 1988, Republican presidential candidates have won the popular vote in presidential elections – the only consistent measure of national voter intent – just once, when George W. Bush was reelected in 2004 after a period of national unification following the September 11, 2001, terrorist attacks. In every other presidential election (1992, 1996, 2000, 2008, 2012, and 2016), the Democratic candidate won more votes than the Republican candidate.

.. considerable evidence has accumulated that Thomas acceded to that seat by committing perjury during his Senate confirmation hearings.

.. Nine years later, Thomas would go on to join the 5-4 majority in Bush v. Gore, in which the Court ruled that Florida’s 2000 election recount must stop. In doing so, he helped hand the presidency to the son of the man who had appointed him, and denied it to Al Gore, who had won the national popular ballot by more than 500,000 votes.

.. So obtuse was the majority’s written opinion in that case that the ruling actually came with a remarkable disclaimer that it should never be cited as precedent in the future.

.. In 2005, he appointed the current chief justice, John Roberts, to replace William Rehnquist; and in 2006 he appointed Samuel Alito to replace Sandra Day O’Connor.

.. Obama bent over backwards to assuage them, nominating Merrick Garland, the moderate Chief Judge of the US Court of Appeals for the District of Columbia Circuit.

.. Mitch McConnell, succeeded in stymieing the president’s constitutional authority to appoint Supreme Court justices with the “advice and consent” of the Senate.

It bears mentioning that, at this time, the 54 Republicans in the Senate had collectively received 20 million fewer votes than their 46 Democratic colleagues. The Republicans owed their majority strictly to the Senate’s anti-democratic composition, whereby each state is represented by two senators

.. This scheme was one of many concessions made to slave states during the drafting of the Constitution, and with the rise of urbanization, it has come to have an increasingly distortionary effect on American politics. For example, Wyoming’s two senators represent 563,767 people (according to the 2010 census), whereas California’s senators represent 37,254,518.

.. Moreover, Clinton achieved her high popular-vote margin despite widespread voter-disenfranchisement campaigns aimed at Democratic-leaning voters in states controlled by Republicans.

.. In Florida, where elections are regularly notoriously close, more than 1.5 million citizens (over 10% of the state’s total number of adults, and one in five African-Americans) are denied the vote owing to nonviolent criminal convictions, even after they have served their time in prison.

.. Despite having no democratic mandate to speak of, Trump and the Senate Republicans wasted no time in confirming Neil Gorsuch to Garland’s rightful seat on theCourt.

.. Kavanaugh was selected by a president who has been implicated in a felony allegedly committed in pursuit of the office he now holds. That alone calls into question Trump’s legitimacy. But he is also the subject of an unprecedented investigation into his campaign’s possible collusion with a hostile foreign power – an investigation that has already resulted in more than 20 guilty pleas or felony convictions.

.. Kavanaugh, a member of the legal team that persuaded the Supreme Court to hand Bush the presidency in 2000 (thereby hastening the whole grim cavalcade of misbegotten) was most likely selected for his conspicuous support of executive authority in the past. His interpretation of the president’s powers seems to brook no limits, and would likely open the door for Trump to ignore a grand-jury subpoena and even shut down the investigation of his campaign.

.. With his party still enjoying a two-vote (minority-elected) majority in the Senate, McConnell has shown no compunction about ramming Kavanaugh’s dubious nomination through that body. That leaves no alternative but to consider the dire implications of a Supreme Court dominated by the Misbegotten Majority: Thomas, Roberts, Alito, Gorsuch, Kavanaugh. What will this judicial coup mean for reproductive, criminal, labor, and civil rights?

.. More to the point, one of the main threats posed by the new Court is what it will do to voting rights and the laws governing elections – that is, the democratic process itself. Decisions that bear on the outcomes of elections could very well upend the functioning of the other two branches of government, thereby blocking all other possible avenues of redress available within theConstitution’s wider system of checks and balances.

.. Of course, this has been the Republicans’ idea all along. For decades, the Federalist Society, which has overseen all of Trump’s judicial nominations, has understood that cultural and demographic trends are poised to strip the power of its wealthy, predominantly white male sponsors. That cohort is in the process of dying out, and the majority of future voters – and, indeed, current voters, judging by recent popular-vote counts – will be younger, more diverse, more tolerant, and considerably further to the left on economic matters.

To forestall this outcome of democracy, conservatives’ first instinct was to limit the franchise itself. The broad demographic and generational changes underway could be nullified by denying key constituencies the right to vote. And when that wasn’t possible, the next best option was to tamper with electoral outcomes by means of untraceable “dark money” and gerrymandering. The result is that Austin, Texas, one of the most liberal cities in America, is represented in the House of Representatives by four Republicans and just one Democrat; and North Carolina, a state that is evenly divided between Republican and Democratic voters, is represented by ten Republicans and just three Democrats.

.. He was also on board for the decimation of the 1965 Voting Rights Act, which for a half-century had prevented blatant racial discrimination in districts with documented histories of disenfranchising African-Americans and members of other minority groups. And he routinely passed the buck on gerrymandering cases.

.. Citing so-called states’ rights, the Court might start by overturning a recent 3-0 federal circuit court decision ordering North Carolina to redraw its egregiously gerrymandered congressional districts. With that precedent in place, other states will be able to step up their own voter-suppression efforts across the board.

.. For example, some states might decide to deny college students the right to cast absentee ballots, or to vote in jurisdictions where they have not established a permanent residency (or both). Others may think to impose property requirements for voter eligibility, or to “save costs” by shutting down polling stations in, say, Latino neighborhoods.

Still others might require non-drivers to show another form of state-issued identification, which can be acquired only at some remotely located administrative office.

.. retaking the House in 2018 won’t do the Democrats much good as far as the Court is concerned.  All of the constitutional checks on the judiciary rest with the Senate.

..  when it comes to voting rights, gerrymandering, and other election-related cases, he has been one of the justices leading the charge from the right.

.. Whereas Democratic presidents have based their appointments to the Court on merit, Republicans have made a point of selecting younger jurists who will remain on the bench for decades.

.. All of this will be justified on the grounds of “originalism” – the FederalistSociety/Scalia doctrine of sticking to the strict letter of the Constitution as intended (according to them) by its authors at the time of its promulgation. Never mind that in 1787, only propertied men took part in the Constitutional Convention, and that a sizeable plurality were slaveholders zealously guarding their right to treat people like chattel.

..  if individual states try to enact progressive policies on their own, they should be prepared for the Misbegotten Majority suddenly to suspend its much-vaunted devotion to “states’ rights” and strike those down, too. After all, that is the job their sponsors put them there todo. They will not soon forget that they are part of a decades-long project of minority rule.

.. After 2020, more avenues for the proper functioning of checks and balances could open up, especially if the Democrats win the White House and the Senate. Frustrated by their democratically legitimate legislation being scuttled by a misbegotten Court, they could see fit to draft articles of impeachment against Thomas.

.. The journalists Jane Mayer and Jill Abramson have marshaled clear evidence that Thomas lied under oath throughout his confirmation hearing on matters pertaining to his past behavior toward female co-workers and subordinates. And Kavanaugh himself may be facing similar jeopardy with regard to possible perjury in his own confirmation processes.

.. Alternatively, Democrats could pick up where former President Franklin D. Roosevelt left off, by trying to expand the size of the Court, which can be achieved through legislation. But, given the squishiness of swing-state Democrats, a court-packing gambit could fail, as it did with Roosevelt; or, even worse, it could backfire by setting a dangerous precedent for Republicans to follow when they return to power.

..  America would hardly be the first democracy in history to succumb to plutocratic autocracy verging on fascism.