Clarence Thomas’s Counterrevolution

by Corey Robin on May 8, 2014

What follows is a talk I gave at the University of Washington this past weekend on my working paper “Smiling Faces Tell Lies: Pessimism, Originalism, and Capitalism in the Jurisprudence of Clarence Thomas.” The paper is still incomplete. I only managed to write about Thomas’s theories of racism and how they intersect with his philosophy of constitutional interpretation. In the coming months, I intend to expand the paper to talk about Thomas’s views on capitalism, and how they inform his jurisprudence about the Commerce Clause, the Takings Clause, and more. Ultimately, this paper will be published by the University of Chicago Press in a volume on African-American political thought, edited by Melvin Rogers and Jack Turner. Other contributors will include: Cedric Johnson on Huey Newton, Nikhil Singh on Malcolm X, Lawrie Balfour on Toni Morrison, Michael Dawson on Marcus Garvey, Naomi Murakawa on Ida B. Wells, Jason Frank on Langston Hughes, Tommie Shelby on Richard Wright, Danielle Allen on Ralph Ellison, and many many more. It’s going to be fantastic. But until then, here’s my talk on Clarence Thomas. If you’d like a copy of the paper, email me at corey.robin@gmail.com.

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Yesterday, Nikhil Singh said that more than any other figure in the African American canon, Malcolm X is someone who everyone thinks they know. Clarence Thomas, I’ve discovered in the past six months, is also a figure who everyone thinks they know. In the interest of dispelling that expectation, which many of you may share, I’d like to present five facts about Clarence Thomas that perhaps you didn’t know.

  1. The first time Clarence Thomas went to Washington, DC, it was to protest the Vietnam War. The last time that Clarence Thomas attended a protest, as far as I can tell, it was to free Bobby Seale and Erikah Huggins.
  2. Clarence Thomas does not believe in color-blindness: “I don’t think this society has ever been color-blind,” he said in 1985, in the third year of his tenure as head of the EEOC. “I grew up in Savannah, Georgia under segregation. It wasn’t color-blind and America is not color-blind today…Code words like ‘color-blind’ aren’t all that useful.” Or, as he told Juan Williams in 1987, “there is nothing you can do to get past black skin. I don’t care how educated you are, how good you are—you’ll never have the same contacts or opportunities, you’ll never be seen as equal to whites.”
  3. When Clarence Thomas was in college he memorized the speeches of Malcolm X; two decades later, he could still recite them by heart. “I’ve been very partial to Malcolm X,” he told a libertarian magazine in 1987. “There is a lot of good in what he says.”
  4. There’s a law review article about Clarence Thomas that’s called “Clarence X?: The Black Nationalist Behind Justice Thomas’s Constitutionalism.”
  5. Clarence Thomas resents the fact that as a black man he’s not allowed to listen to Carole King.

Now, the truth is that there’s nothing all that surprising about the fact that Clarence Thomas is black and conservative. There’s a long tradition of black conservatism in this country. And from Edmund Burke to Ayn Rand, conservatism always and everywhere has been the work of outsiders, men and women who hail from the peripheries or margins of the national experience.

Nor, in the end, is Clarence Thomas’s early engagement with black radicalism all that surprising. After all, one of the great clichés of the twentieth century is the young left-wing radical graduating to middle-aged conservatism. And as Cedric Johnson, Michael Dawson, and other scholars have reminded us, there’s a deep affinity between conservatism and parts of the Black Power/Black Nationalist tradition.

But here, I think, is what is surprising about Clarence Thomas: First, he’s a Supreme Court justice who has managed in his jurisprudence to incorporate rather than repudiate some of his early commitments to Black Nationalism and Black Power; I think it’s fair to say no other Supreme Court justice has done that. And, second, Thomas is a constitutional originalist, and a rather radical one at that. Unlike any other justice—not Scalia, not Roberts, not Alito—Thomas wants to restore the Constitution to the meaning it had in 1789.

How Thomas has been able to marry an incredibly bleak vision of the black past, a vision rooted in black nationalism, to a document that is not only the fountainhead of that past but is also, on his account, the source of an alternative black future—not, as Thurgood Marshall and other liberal constitutionalists would have it, because it is a “living Constitution,” but precisely because it is dead: that is the basic puzzle of Clarence Thomas and what makes him, I think, more interesting than many of us realized. [click to continue…]

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Gene Wolfe is 83

by Henry Farrell on May 7, 2014

I’ve been reading my way through the New Sun tetralogy again over the last few months. In honour of the day, one of my favourite passages (as the protagonist, Severian descends a cliff, in a world grown so old that the object of ‘mining’ is not to find seams of raw minerals, but instead to discover the relicts of the past and convert them to use).

The past stood at my shoulder, naked and defenseless as all dead things, as though it were time itself that had been laid open by the fall of the mountain. Fossil bones protruded from the surface in places, the bones of mighty animals and of men. The forest had set its own dead there as well, stumps and limbs that time had turned to stone, so that I wondered as I descended, if it might not be that Urth is not, as we assume, older than her daughters the trees, and imagined them growing in the emptiness before the face of the sun, tree clinging to tree with tangled roots and interlacing twigs until at last their accumulation became our Urth, and they only the nap of her garment.

Deeper than these lay the buildings and mechanisms of humanity. (And it may be that those of other races lay there as well, for several of the stories in the brown book I carried seemed to imply that colonies once existed here of those beings whom we call the cacogens, though they are in fact of myriad races, each as distinct as our own.) I saw metals there that were green and blue in the same sense that copper is said to be red or silver white, colored metals so curiously wrought that I could not be certain whether their shapes had been intended as works of art or as parts for strange machines, and it may be indeed that among some of those unfathomable peoples there is no distinction.

At one point, only slightly less than halfway down, the line of the fault had coincided with the tiled wall of some great building, so that the windy path I trod slashed across it. What the design was those tiles traced, I never knew; as I descended the cliff I was too near to see it, and when I reached the base at last it was too high for me to discern, lost in the shifting mists of the falling river. Yet as I walked, I saw it as an insect may be said to see the face in a portrait over whose surface it creeps. The tiles were of many shapes, though they fit together so closely, and at first I thought them representations of birds, lizards, fish and suchlike creatures, all interlocked in the grip of life. Now I feel that this was not so, that they were instead the shapes of a geometry I failed to comprehend, diagrams so complex that the living forms seemed to appear in them as the forms of actual animals appear from the intricate geometries of complex molecules.

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Wealth: earned or inherited?

by John Q on May 6, 2014

The efforts of the right to discredit Piketty’s Capital have so far ranged from unconvincing to risible (Chris picked up a particularly amusing one from Max Hastings in the Daily Mail, to which I won’t bother linking). One point raised in this four-para summary by the Economist is that ” today’s super-rich mostly come by their wealth through work, rather than via inheritance.” Piketty does a good job of rebutting this, but for those who haven’t acquired the book or got around to reading it, I thought I’d repost my own response, from 2012.

[click to continue…]

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Does Inequality Help Artists? Not So Much

by Henry Farrell on May 6, 2014

Matthew Yglesias, responding to Tyler Cowen and my critique of same.

high levels of income inequality lead to high prices for art. A lot of this reflects higher prices for old paintings by dead artists, but the art market exhibits sufficient efficiency that higher prices also benefit new works by living artists. … The mechanism, basically, is that art-buying is mostly done by very rich people so when very rich people get richer, the price of art gets bid up. When buying power shifts to the middle class they tend to buy more banal things like bigger houses or nicer cars.

Whether these price trends are good for the arts is going to depend on a bunch of other questions that the paper doesn’t address. Do higher prices for art works induce artists to become more productive? Does greater output come at the expense of quality? Do people shift into painting from more mass market artistic pursuits (music, movies) or from careers outside the arts? Do higher prices make art less accessible to non-rich art lovers? One can imagine a whole range of different outcomes here. But the evidence that inequality boosts the financial returns to the fine arts — largely by diverting financial resources away from middle class consumption of normal stuff — seems compelling.

By coincidence, I’ve recently finished reading The People’s Platform, Astra Taylor’s wonderful new book on culture and the Internet (Amazon, Powells), which gives a much more jaundiced account of what is happening to art in the age of inequality (see here for an interview which gives some flavor of her thinking). [click to continue…]

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The Calculus of Their Consent

by Corey Robin on May 5, 2014

In addition to Kieran’s terrific write-up yesterday on Foucault’s engagement with Gary Becker, I want to recommend Kathy Geier’s very smart treatment of, among other things, feminist critiques of Becker’s theory of the family.

There are many ideas in Becker’s Treatise on the Family (originally published in 1981; republished in a revised version in 1991) that are problematic and/or offensive to feminists. For one thing, there is the assumption that economic actors behave selfishly in markets but altruistically within families — a theory that’s objectionable in both parts. There’s also the matter of how, in the words of Deirdre McCloskey, “the family in Becker’s world has one purpose, one utility function — guess whose? — unproblematically unified in the way that the neoclassical firm is supposed to be.” [click to continue…]

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Gary Becker, an Appreciation by Michel Foucault

by Kieran Healy on May 4, 2014

Gary Becker, University Professor of Economics and Sociology at the University of Chicago, has died at the age of eighty three. I am certainly not going to attempt an obituary or assessment. But something Tim Carmody [said on Twitter](https://twitter.com/tcarmody/status/463022768209285120) caught my eye: “People sometimes talk about ‘neoliberalism’ as a kind of intellectual bogeyman. Gary Becker was the actual guy.” In a somewhat similar way, people sometimes talked about ‘poststructuralism’ as a kind of intellectual bogeyman, and Michel Foucault was the actual guy. It is worth looking at what one avatar had to say about the other. Foucault [lectured on Becker and related matters in the late 1970s](http://www.amazon.com/The-Birth-Biopolitics-Lectures-1978–1979/dp/0312203411/). One of the things he saw right away was the scope and ambition of Becker’s project, and the conceptual turn—accompanying wider social changes—which would enable economics to become not just a topic of study, like geology or English literature, but rather an “[approach to human behavior](http://www.amazon.com/The-Economic-Approach-Human-Behavior/dp/0226041123)”. Here is Foucault in March of 1979, for instance:

> In practice, economic analysis, from Adam Smith to the beginning of the twentieth century, broadly speaking takes as its object the study of the mechanisms of production, the mechanisms of exchange, and the data of consumption within a given social structure, along with the interconnections between these three mechanisms. Now, for the neo-liberals, economic analysis should not consist in the study of these mechanisms, but in the nature and consequences of what they call substitutible choices … In this they return to, or rather put to work, a defintion [from Lionel Robbins] … ‘Economics is the science of human behavior as a relationship between ends and scarce means which have alternative uses’. … Economics is not therefore the analysis of the historical logic of processes [like capital, investment, and production]; it is the analysis of the internal rationality, the strategic programming of individuals’ activity.

Then comes the identification not just of the shift in emphasis but also point of view:

> This means undertaking the economic analysis of labor. What does bringing labor back into economic analysis mean? It does not mean knowing where labor is situated between, let’s say, capital and production. The problem of bringing labor back into the field of economic analysis … is how the person who works uses the means available to him. … What system of choice and rationality does the activity of work conform to? … So we adopt the point of view of the worker and, for the first time, ensure that the worker is not present in the economic analysis as an object—the object of supply and demand in the form of labor power—but as an active economic subject.

[click to continue…]

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Enjoy!

by Belle Waring on May 3, 2014

I like this song (“Tous les Mêmes” [corrected, thanks Ezster!]) and video by Belgian musician Stromae. I hope you will also.

I am distracted from his alternate blue-green-male/magenta-female personalities by the fabulous furniture in their apartment. Probably my job has gotten to me too much if my immediate thought is “I want that wall-mounted storage unit!” rather than “this reminds me of when I wondered where they got all those implausibly tall, thin dudes to dance on Soul Train, and whether it was just because cocaine is one helluva drug, or what–no, here’s Stromae!” (I grant there’s a hidden premise.) Tertiary May Day thought inspired by outdoor dance scene: I always read that students were throwing cobblestones, and then I ever saw any and thought, “that must have took a damn bit of effort to get up out the ground.” Also I stepped on Eszter’s post. Sorry!

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Tree photoblogging #1

by Eszter Hargittai on May 3, 2014

I took this about a year ago. Where? (It’s not some obscure location.. whatever that means.)

Row of Trees

PS. I know the file name says “FallTrees”. I took it in April ’13 in the Northern Hemisphere, go figure.

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The fading buds of May

by Chris Bertram on May 1, 2014

ils-profitent

Today is the first of May, a day of international solidarity for the working class and labour movement, and always a day of memory for me. In the mid 1970s when I was thirteen years old, I was sitting with my language exchange partner Pierre in his bedroom in a ground floor flat in Montparnasse. I was leafing through a magazine — Paris Match as it happens — and there were pictures of the May events from 1968. I was absolutely stunned by them. Here, in Western Europe, there had been a street-fighting and a general strike within the past few years? I’d been aware of Czechoslovakia and, indeed, my whole school had chanted “Dubcek! Dubcek!” when the Christmas pudding had been brought out in 68, but of Paris I knew nothing. I resolved to find out more, and when the opportunity arose to choose a school history project, I asked if I could study the May events and produced a longish dossier, complete with photos, newspaper clippings and the rest. A few years later, in 1978 — and hence on the 10th anniversary — I joined the May Day parade for myself at the Place de la République, no longer an observer but a participant.

What did May represent for me? There was an element of romantic adolescent attachment to be sure, but also the possibility of another society. In the reconstructed history of the victorious Thatcherites the choice that had to be made was between the marketized West and the gloomy authoritarianism of the Soviet bloc. But May 68 seemed to offer a different way, perhaps (oh dear!) a third way. And in a sense it did, it offered the hope of a non-authoritarian and participatory egalitarianism (and coupled with the Prague Spring, the chance of socialism with a human face). From that flowed a lot of other things, social movements, feminism, ecologism, trends in art and culture (there were other sources for these streams, to be sure). The possibility of rejecting the world of corporate power without embracing dourness and concrete was a liberating thought, some might say a naive and romantic one, to which I say “Soyez réaliste, demandez l’impossible!”

The memory of May, or at least the memory of the possibility of May, has always been there for me as a nourishing idea like Wordsworth’s Tintern when times have been bad (as they so often have since). It doesn’t have to be this way: vivre autrement. Sadly, when I was talking to a very smart student of left-wing convictions the other day, I mentioned May 68 and she asked “What happened in May 68?” It seems the memory of May is no longer there in the imagination of the left. Time for a revival.

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Queering the Strike

by Corey Robin on May 1, 2014

In The Empire of Necessity, Greg Grandin gives us a fascinating history of the phrase “to strike.” Seems like a good story for May Day.

The phrase to strike to refer to a labor stoppage comes from maritime history and is an example of how revolutionary times can redefine a word to mean its exact opposite. Through the seventeenth and much of the eighteenth century, to strike was used as a metaphor for submission, referring to the practice of captured ships dropping, or striking, their sails to their conquerors and of subordinate ships doing the same to salute their superiors. “Now Margaret / must strike her sail,” wrote William Shakespeare in Henry VI, describing an invitation extended by the “Mighty King” of France to Margaret, the weaker Queen of England, to join him at the dinner table “and learn a while to serve / where kings command.” Or as this 1712 account of a British privateer taking a Spanish man-o’war off the coast of Peru put it: “fir’d two shot over her, and then she struck,” and bowed “down to us.” But in 1768, London sailors turned the term inside out. Joining city artisans and tradesmen—weavers, hatters, sawyers, glass-grinders, and coal heavers—in the fight for better wages, they struck their sails and paralyzed the city’s commerce. They “unmanned or otherwise prevented from sailing every ship in the Thames.” From this point forward, strike meant the refusal of submission.

Not unlike how gays and lesbians owned the word “queer.”

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Janet Vertesi decided that she didn’t want companies and marketers to know that she was pregnant. How hard is that nowadays in the US with so little data privacy protection for consumers? It turns out it’s quite complicated. Not only does it result in lots of inconveniences such as seeming rude to family and friends or having to concoct complicated ways of purchasing things, but it may even make you look like a criminal. Reading about her experiences is thought provoking. She certainly does a good job challenging the idea that not being tracked is as simple as opting out through some simple clicks of a button. While those who think about these issues are well aware of that, many people are not as some of her examples show.

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Political Correctness: A Proposed Definition

by John Holbo on May 1, 2014

For the last month or so ‘political correctness’ – the term – has been bugging me. Perhaps there’s been a slight uptick in usage on conservative sites and blogs, due to some combination of Cliven Bundy, Brendan Eich and Donald Sterling. But really the problem is chronic.

Why did ‘political correctness’, which is so … Dinesh D’Souza circa 1991 … become an evergreen right-wing complaint? [click to continue…]

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Right wing tribalists: A lost cause

by John Q on April 30, 2014

Rightwing tribalism seems to be the topic du jour, or maybe I’m noticing it more having just done a long-planned post on the topic. Here are some recent examples

* Jamelle Bouie in Slate, headed “Conservative Tribalism” with the write-off

Mass transit. Common Core. Light bulbs. Conservatives hate these things for no better reason than that liberals like them.

* Tim Donovan in Salon, on The Right’s Paranoid Tribalism

and relatedly

* Digby in Slate on Southern white males as a voting bloc unremittingly hostile to the Dems on tribal grounds (my thoughts on this here)

Over the fold, I’ve reprised the piece (from a 2007 review of Clive Hamilton’s book Scorcher) when I first realized the central role of tribalism, as opposed to ideology or economic self-interest, in contemporary rightwing politics. Rereading it, I’m happy with most of the analysis, though obviously, with my characteristic over-optimism and shortening of time-frames, I did not anticipate the full tenacity of rightwing resistance on this issue.

What can be done about rightwing tribalism? There’s no point in traditional strategies of compromise and bargaining. The right don’t hate policies, they hate the people and groups they see as proposing those policies. So, as Bouie observes, the moment Obama adopts a policy favored by the right, they turn against it.

The strategy of trying to frame issues in rightwing terms, pushed by Lakoff and others, is similarly hopeless: it’s not the issues, but the people that are the problem. There’s one big exception to this: if they issue can be framed as Big Government vs the little guy, as in the cases of NSA surveillance and, more interestingly, of attempts by utilities to suppress rooftop solar power using ALEC-backed legislation, it’s possible to make common cause with at least some on the right, who hate “the guvment” even more than liberals and environmentalists. But that’s only true of a minority of the right, and a handful of issues.

Most of the time, none of these strategies will work. The only thing that will work is persuading rightwing tribalists to abandon their tribal identity, and persuading non-tribalists of conservative inclinations that they should not ally with this group. And of course, waiting for time and demography to take their course, as has already happened to a substantial extent.

[click to continue…]

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Inequality and the arts

by Henry Farrell on April 30, 2014

Tyler Cowen on inequality and the arts.

>Piketty fears the stasis and sluggishness of the rentier, but what might appear to be static blocks of wealth have done a great deal to boost dynamic productivity. Piketty’s own book was published by the Belknap Press imprint of Harvard University Press, which received its initial funding in the form of a 1949 bequest from Waldron Phoenix Belknap, Jr., an architect and art historian who inherited a good deal of money from his father, a vice president of Bankers Trust. (The imprint’s funds were later supplemented by a grant from Belknap’s mother.) And consider Piketty’s native France, where the scores of artists who relied on bequests or family support to further their careers included painters such as Corot, Delacroix, Courbet, Manet, Degas, Cézanne, Monet, and Toulouse-Lautrec and writers such as Baudelaire, Flaubert, Verlaine, and Proust, among others.

> Notice, too, how many of those names hail from the nineteenth century. Piketty is sympathetically attached to a relatively low capital-to-income ratio. But the nineteenth century, with its high capital-to-income ratios, was in fact one of the most dynamic periods of European history. Stocks of wealth stimulated invention by liberating creators from the immediate demands of the marketplace and allowing them to explore their fancies, enriching generations to come.

Corey has [argued](http://coreyrobin.com/2014/04/22/tyler-cowen-is-one-of-nietzsches-marginal-children/) that this passage displays a Nietzsche-meets-Hayek logic under which the idle rich serve (and should serve) as cultural taste-setters for the rest of us. Tyler would very likely disagree. But if he were to disagree, I think he’d have to state why it is better for culture that only the independently wealthy and their intimate dependents enjoy this kind of liberty. Cue [George Scialabba](http://thebaffler.com/blog/2014/04/the_real_and_the_ideal), in a recent post on the history of _Partisan Review._

>There’s a reason why a lot of modern culture was produced by people living on a shoestring, from the New York intellectuals to all those poets and painters starving in their fabled garrets. It’s time-consuming to do something original; it requires bad manners, or at least a lack of automatic deference for received wisdom; and it helps to have an abundance of low-paid but undemanding jobs around–mailman, night watchman, librarian, clerical worker–that one can drift in and out of, as well as a few cheap urban neighborhoods where like-minded artistic riff-raff can congregate. (Russell Jacoby’s description, in The Last Intellectuals, of the ecology of the freelance intellectual has never been bettered.)

>This scruffy, relaxed, undisciplined lifestyle–which rested on a political economy of full employment, free education, generous public services (including, let’s not forget, a fully funded postal service not handicapped by the current huge giveaway of practically free service to the credit-card industry), decent urban mass transit, and public subsidies for culture–is just what a business-dominated society makes it increasingly difficult to achieve, or even aspire to. Globalization, tight money, slashed government budgets, the destruction of unions: the result of all these and the rest of the corporate agenda is pervasive insecurity.

If you want to argue that Piketty (and other critics of inequality) fail to appreciate how inequality fosters the “dynamic productivity” of culture, you really need to show how culture is more dynamic under high inequality than it is under conditions of low inequality. Otherwise, your argument is beside the point (if all that you’re saying is that high inequality has some cultural payoffs while admitting that low inequality has greater payoffs, your criticism is probably not worth articulating in the first place). More precisely, you want to show that confining cultural production to a small minority of independently wealthy individuals (or those who can be supported by wealthy families or patrons) is better than allowing a larger, and much more heterogenous group of people the necessary freedom “from the immediate demands of the marketplace” to produce art and culture. Otherwise, your argument for the cultural benefits of high inequality undermines itself. If freedom from the marketplace is a good thing for culture, then, as per George’s discussion, it surely should be spread around among a wider variety of people.

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