Saturday, June 29, 2019

The Falwells, Cohen, Giancarlo and the Unified Theory of Trumpism Editor’s Blog – Talking Points Memo / by Josh Marshall 

The Falwells, Cohen, Giancarlo and the Unified Theory of Trumpism


Editor’s Blog – Talking Points Memo / by Josh Marshall / 2h



Last week we got a few more dollops of information about this long-emerging story about Jerry Falwell, Jr, his wife and their inexplicable relationship with a Miami “pool boy” named Giancarlo Granda. This story is, unsurprisingly, catnip for everyone who reviles the Falwells’ brand of weaponized sexual traditionalism under the guise of religion and their baleful impact on our national politics over almost half a century. Of course, at TPM we just love a good political scandal. But I want to take a moment to explain why I think this is a big and significant story beyond your ordinary scandal or the hypocrisy that is often the social license to obsess over them. But I want to take a few moments to explain why I think this story is actually a pretty big deal itself and part of something much larger.

First, let’s get into the story itself. We don’t know just what the story is yet with the Falwells and Granda. But the upshot of last week’s news was that it’s pretty clear there’s something about the relationship, something tied to sex, that is totally incompatible with their public image or the institution they run. They put up over a million dollars to put the young Granda into business running a booze and sex-fueled hostel for no clear reason. They vacationed with him at a secluded resort. There are naked photos of Becki Falwell somehow in the mix. Something went on here.

Where this all becomes a much bigger deal is where Trump comes in, and specifically where Michael Cohen comes in. We know now that Michael Cohen had struck up a relationship with Falwell – bizarre in itself – as far back as 2012. He worked on building a relationship between the Falwells and Trump. And somehow he found out about the nude photos and even came into possession of one. He also apparently tried to broker a deal of some sort to keep the photos (and presumably the larger story fo the Falwell-Granda relationship) secret.

Then finally you have the Falwell endorsement of Donald Trump on the eve of the 2016 Iowa Caucuses which provided a critical boost to candidate Trump. The Trump-evangelical bond is now so deep-seated, embedded and almost doctrinal that I don’t think exposure of Falwell or even some recantation by him would really budget it much at all. But three years ago it was a critical part of what built the alliance.

Let’s review. It seems clear there’s a big sex-related secret. You have what people at the time found an almost inexplicable endorsement. We know that Michael Cohen secured the endorsement. We have very good reason to believe that Cohen knew about the sex-related secret and even did something negotiating to help cover it up. Put this altogether and it simply doesn’t seem credible to me that the sex-related secret and the endorsement aren’t connected. This is all the more likely when you consider that Cohen was basically in the business both of covering up sex-related secrets and weaponizing them against others, as needs dictated.

Admittedly, some of these “knows” are really only “credibly reporteds” or “we more or less knows”. But if you doubt, tell me where in the chain the reasoning breaks down.

If Falwell’s endorsement of Trump was the product of blackmail or extortion or simply Falwell’s knowledge that he couldn’t cross Cohen and Trump that is of course a very big deal – something of vastly more consequence and significance than any hypocrisy or embarrassment simple non-traditional tastes of one married couple.

Here we get to the larger point. We know that Trump’s rise has been a curious mixture of payoffs and coercion to cover up his personal lapses or embarrassments. Just as much, though, his political and business ascent has been based on weaponizing “dirt” against his opponents. The relationship with The National Enquirer has been at the center of both. We don’t hear much about it now. But remember that Cohen showed up offering to cut a deal to prevent the exposure of the affair of Trump fundraiser Elliott Broidy. Broidy got silence (until aggressive reporting tied to Trump screwed it all up); Cohen got a nice payday; who if anyone was pulling the strings in the background has never been clear to me.

It goes beyond Trump.

The 2016 election hacking is itself not that far off from it, states or the plutocratic rich organizing theft and selective disclosure. These services were on offer to Trump during the campaign, funded by gulf dynasts, provided by Israeli private intelligence services. Harvey Weinstein used the Israeli private intelligence firm Black Cube to keep ahead of the rising chorus of potential accusers who eventually brought him down and exposed his history of harassment and assault.

We still don’t have a good explanation of how the same company ran a disinformation and dirt-digging campaign targeting Obama era officials behind the Iran nuclear deal. People around Trump? Saudi Arabia? Israel? Players on the peripheries of one or all of these governments? We don’t know.

For all the investigations into Trump and Russia we end up with no clear evidence that there was some kind of sex tape based “kompromat” that Russia was holding over Trump. It seems like that this story – really only contained in the rumors of the Steele dossier – was just rumor or misinformation. The real kompromat was more likely the pre-existing business relationships and the campaign contacts themselves. A few years earlier North Korea hacked into and revealed emails from Sony pictures because of their anger over a movie that lampooned Kim Jong Un.

Then there’s Rudy Giuliani, the President’s private attorney, Fox News doyen on an unending tour of visits to strongmen, oligarchs and subgarchs in various global capitals, making big money and keeping lines in the water for material for his boss’s reelection campaign.

I lack a fully worked out theory of all this. But this swirl of money payoffs, soft or hard blackmail, stolen pictures and emails, NDAs and privatized intelligence services all seem of a piece, one that mixes the rising transnational global plutocracy, strongman rule in former or decaying democracies and more. In other words, the era of Trumpism.

Even the occasional exposures of caches of documents about overseas tax havens are related, though they may be on the side of the angels in themselves. People like Trump mobilize tribalistic antipathies at home – Muslim bans – but they’re thick as thieves with the gulf dynasts who are a centerpiece of the global plutocracy. Opaqueness, secrecy are central features of this world. But so is exposure. Is this a contradiction? Not really. The central factor is power in a generally lawless space, one in which the power to conceal and selectively expose is the a central attribute of power and prerogative of hyper-wealth. Mob families have hitmen as well as massive defensive postures and the best bodyguards. There’s no contradiction at all.

Trump’s hush money to Stormy Daniels, his relationship with the Enquirer and the other payoffs and scandals and dirt are often treated as a sort of clickbaity comic relief of Trumpism. In fact, I think they go to the heart of it and the heart of Trumpism that goes far beyond him in time and geography.

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Friday, June 28, 2019

The Supreme Court Seems Oddly Ambivalent About Being Lied To The New Republic / by Matt Ford

The Supreme Court Seems Oddly Ambivalent About Being Lied To


The New Republic / by Matt Ford / 19min

On Thursday, five justices handed the Trump administration its first major defeat in the high court, narrowly rejecting the administration’s effort to add a citizenship question to the 2020 census. Chief Justice John Roberts joined the court’s liberals to order the Census Bureau to reconsider the matter, a process that may go past the deadlines next week required to print the questionnaires on time.


It was never really a mystery why the Trump administration sought to add a citizenship question to the 2020 census: to bolster white political power by reducing non-white participation. Nonetheless, the Justice Department, representing the Trump Administration, had asked the Supreme Court to overturn a lower court’s ruling and sign off on the constitutionality of the new question. Roberts, writing for the majority, declined. “If judicial review is to be more than an empty ritual, it must demand something better than the explanation offered for the action taken in this case,” he wrote.

The Constitution requires the federal government to count every person inside the United States every ten years for representational and redistricting purposes: With the sole exception of the U.S. Senate, every federal and state legislative body uses census data when redrawing its seats and districts—and thus the geography of American political power—once every decade. Congress also uses the count to allocate hundreds of billions of dollars in federal programs to the states. Academics, businesses, and nonprofits draw upon its statistics on race, gender, income, and more on a daily basis. It’s the lifeblood of American governance.

The case known as Department of Commerce v. New York began last year, when Secretary of Commerce Wilbur Ross, whose department oversees the Census Bureau, announced that the next census would feature a citizenship question for the first time in 20 years. Census Bureau staffers warned that it would warp the accuracy of the count, reducing participation by immigrant and non-citizen households by at least 5.8 percent (a Census Bureau study published this month raised that figure to 8 percent). That level of noncompliance could result in an undercount of thousands of residents, depriving them of millions of dollars in federal funds that they would otherwise be eligible to receive. Some states, especially those with large immigrant populations, could lose seats in the House of Representatives and votes in the Electoral College depending on the outcome.

Despite the warnings, Ross overruled his underlings.

Why would the secretary of commerce insist on adding a question that could undermine something as vital as the census? Ross told Congress and the public that he acted at the request of the Department of Justice. The DOJ purportedly needed the data to enforce the Voting Rights Act of 1965 (VRA). It doesn’t, though. DOJ officials have been enforcing the VRA since its inception without a citizenship question, which was dropped from the census short form in 1950. Census Bureau officials also warned that by reducing participation, asking the question could actually give the DOJ a less accurate count of the voting-age citizen population than what’s available with current statistical models.

The more likely explanation is that the Trump administration hoped to dissuade immigrant and non-citizen participation in the Census. Emails uncovered during litigation revealedthat Ross had actually pressured the Justice Department to make the request so he’d have a pretext to add the question. Ross also later admitted that he had made the decision in consultation with some of the Trump administration’s leading anti-immigrant figures at the time, including Attorney General Jeff Sessions, White House adviser Steve Bannon, and Kansas Secretary of State Kris Kobach. Though it would corrupt a decade of vital federal data, adding the question would also boost electoral representation in whiter, more conservative, and more rural parts of the country at the expense of more diverse regions.

The Supreme Court faced a similar dilemma with regard to Trump administration policy last year. President Trump’s travel ban, which blocked most visa travel from a half-dozen Muslim-majority countries, clearly sprang from the president’s religious animus: Its origins trace back to December 2015, when then-candidate Trump demanded a “total and complete shutdown” of Muslims entering the United States. As time went on, he switched to calling for “extreme vetting” to disguise the proposal’s motivations. Lower courts had no problem discerning the president’s motive and intent. (It helped that early versions of the ban were poorly drafted and legally shoddy by any standard.) But the Supreme Court, led by Roberts, accepted his ex post facto rationale for the ban’s third iteration. When the justices heard oral arguments on this newer census case in April, the court’s conservatives seemed ready to repeat history.

Earlier this month, however, the citizenship question’s opponents filed a brief alerting the district court to potential new evidence. They told the court that documents recently found on a hard drive owned by Thomas Hofeller, a deceased Republican operative, showed he played a greater role in the decision to add the question than previously known. Every jurisdiction in the United States currently draws its legislative maps based on the total population living there. Hofeller proposed in 2015 that Texas lawmakers instead draw their legislative maps based on American citizens of voting age. The change, he wrote, “would be advantageous to Republicans and non-Hispanic whites.”

The plan would be “functionally unworkable,” Hofeller wrote in 2015, unless a citizenship question was added to the 2020 census, in order to gather the data needed to make the change. He urged the Trump transition team to implement one, and the Justice Department’s December 2017 letter to the Census Bureau that formally requested a citizenship question includes a paragraph identical to one found in a draft in Hofeller’s files from that August. The Justice Department later denied that Hofeller had played any role in the letter, rejecting what it called a “baseless attack on the integrity of the department and its employees,” and describing the opponents’ claims as a “conspiracy theory.”

None of the justices mentioned Hofeller or the files in Thursday’s opinion. It’s unclear what impact, if any, the last-minute revelations had on the case’s outcome. Justice Stephen Breyer didn’t seem to find them necessary in order to reject the proposal. “How can an agency support the decision to add a question to the short form, thereby risking a significant undercount of the population, on the ground that it will improve the accuracy of citizenship data, when in fact the evidence indicates that adding the question will harm the accuracy of citizenship data?” he wrote in his concurring opinion. “Of course it cannot.”

Roberts, for his part, did not quite accuse the Justice Department of lying to the Supreme Court. But he came exceedingly close. “Altogether, the evidence tells a story that does not match the explanation the Secretary gave for his decision,” he wrote. “In the Secretary’s telling, Commerce was simply acting on a routine data request from another agency. Yet the materials before us indicate that Commerce went to great lengths to elicit the request from DOJ (or any other willing agency). And unlike a typical case in which an agency may have both stated and unstated reasons for a decision, here the VRA enforcement rationale—the sole stated reason—seems to have been contrived.”

It would be nice to think that the justices decided to offer a muscular rebuke of Ross and the Justice Department for their deception. But, in another strange twist in this case, the court’s opinion falls short of that marker. Instead, it gave Ross and the Justice Department the option for them to try again. “We do not hold that the agency decision here was substantively invalid,” Roberts wrote. “But agencies must pursue their goals reasonably. [...] What was provided here was more of a distraction.” The justices will likely have another opportunity to scrutinize the Trump administration’s motives as litigation continues. Unless the court takes a tougher stand, Thursday’s ruling won’t mean “don’t lie about your motives.” It will mean “hide it better.”

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A Partisan Supreme Court Upholds Partisan Power The New Republic / by Matt Ford

A Partisan Supreme Court Upholds Partisan Power


The New Republic / by Matt Ford / 19min

To say that the Supreme Court’s ruling in Rucho v. Common Cause is bad for American democracy would be an understatement. In a 5-4 decision along the usual ideological lines, the justices held that federal courts have no power to remedy partisan gerrymandering. The ruling gives a green light to state lawmakers across the country to redraw their legislative maps in whatever manner best entrenches their own party’s power.


Chief Justice John Roberts, writing for the majority, said that partisan gerrymandering “leads to results that reasonably seem unjust.” At the same time, he held that it was a political problem that went beyond the court’s ability to resolve. “Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions,” he wrote.

Thursday’s ruling comes as no surprise. The Supreme Court’s conservative bloc has spent more than a decade deciding cases in ways that shift the balance of American political power away from the American people. In Citizens United and McCutcheon, the court boosted the influence of wealthy donors and well-funded superPACs by striking down key campaign-finance laws. In Shelby County v. Holder, the justices made it easier for states to suppress voter participation by gutting the Voting Rights Act of 1965. The result is a less representative political system.

Rucho v. Common Cause may be the Roberts Court’s most consequential blow to American democracy yet. It will embolden state lawmakers to redraw legislative maps for maximal partisan gain after next year’s census. It will empower the most radical voices in each party by making general elections less competitive. It will encourage other anti-democratic practices by state lawmakers who seek more control. And with Republicans set to reap the most rewards, the ruling bolsters a growing Democratic movement to expand the Supreme Court.

At issue in the case were disputes over unfair legislative districts in two states. In Rucho, the lower federal courts struck down North Carolina Republicans’ aggressive effort to curb Democratic electoral influence. They were hardly subtle about it. “I think electing Republicans is better than electing Democrats,” one of the redistricting commission’s GOP chairs said at the time. “So I drew this map to help foster what I think is better for the country.” Republicans won ten of its 13 congressional districts in 2018 despite a roughly even partisan divide in the state.

The justices merged the case with Benisek v. Lamone, which arose from a dispute over Maryland’s sixth congressional district. Republicans frequently won the seat until the state’s Democratic legislature redrew its boundaries in 2011. After shifting roughly 750,000 voters around, the redrawn district had 24,000 more registered Democrats and 66,000 fewer registered Republicans. What was a GOP-leaning seat before the 2012 election became a solid Democratic seat in every election held in the sixth district since then.

“Wait a second,” you might be thinking to yourself. “Didn’t the Supreme Court take up partisan gerrymandering last term?” Indeed they did. The justices heard two cases together: the Maryland case at an earlier stage in its proceedings, as well as one on Wisconsin’s state legislative maps. In both cases, the lower courts had ruled that the districts in question violated the Constitution by excessively favoring one political party. Many observers at the time expected the court would either set a nationwide standard for weighing partisan gerrymandering claims or rule that it was beyond the federal courts’ power to remedy.

Instead, the court punted the cases on technical and procedural grounds. The outcome signaled that Kennedy wasn’t yet ready to sign off on a legal standard that would tell the lower courts when a state legislature went too far. Kennedy’s retirement from the court that same day last year meant that he never would. At the time, nobody was certain how Justice Brett Kavanaugh, Kennedy’s replacement, would rule on partisan gerrymandering. Time has affirmed what was always the probability: He would not break ranks with his conservative colleagues on the issue.

Gerrymandering isn’t entirely beyond the court’s purview. The justices have often intervened in cases where state lawmakers used the process to reduce the political power of racial minorities. But the Supreme Court had never ruled that a redistricting process where a political party sought to entrench itself on partisan grounds violated the Constitution. Many of the court’s members have expressed distaste for partisan gerrymandering, and for good reason: It subverts a fundamental principle of democracy by allowing lawmakers to choose their voters instead of the other way around. The sticking point was how to determine when redrawn legislative maps cross the line.

In the 2004 case Vieth v. Jubelirer, Kennedy wrote that while the standard for partisan gerrymandering in that case was unworkable, it was possible that another one could be found. Roberts closed that door on Thursday. “[The voters] and the dissent propose a number of ‘tests’ for evaluating partisan gerrymandering claims, but none meets the need for a limited and precise standard that is judicially discernible and manageable,” he wrote. “And none provides a solid grounding for judges to take the extraordinary step of reallocating power and influence between political parties.”

That drew a strong rebuke from Justice Elena Kagan. “The majority’s abdication comes just when courts across the country, including those below, have coalesced around manageable judicial standards to resolve partisan gerrymandering claims,” she wrote. Indeed, federal judges have struck down legislative maps in Ohio and Michigan this year alone. The courts have also redrawn fairer maps in almost a dozen other states in recent years. Thursday’s ruling places all of those reforms in peril.

Kagan’s dissent, joined by the court’s three other liberals, warned that the majority’s ruling would have dire implications for American self-government. She took the rare step of reading her dissent from the bench, a sign of extraordinary disapproval of the court’s ruling. “Of all times to abandon the Court’s duty to declare the law, this was not the one,” Kagan wrote. “The practices challenged in these cases imperil our system of government. Part of the court’s role in that system is to defend its foundations. None is more important than free and fair elections.”

The federal courts, Roberts wrote, weren’t the only avenue by which voters could remedy the problem. He pointed to proposed legislation in Congress that could tackle the issue. (He also noted that the court may yet rule it unconstitutional.) One bill, he noted, had been reintroduced every year since 2005.

“And might be reintroduced until the end of time,” Kagan replied. “Because what all these bills have in common is that they are not laws. The politicians who benefit from partisan gerrymandering are unlikely to change partisan gerrymandering. And because those politicians maintain themselves in office through partisan gerrymandering, the chances for legislative reform are slight.”

Roberts also pointed to ballot initiatives and state constitutional amendments as a vehicle for reform. “The majority notes that voters themselves have recently approved ballot initiatives to put power over districting in the hands of independent commissions or other nonpartisan actors,” Kagan wrote. “Some members of the majority, of course, once thought such initiatives unconstitutional.” Kagan cited Roberts’ own dissent in a 2012 case, one where the Court had upheld the commissions’ constitutionality. It’s also worth noting that in some states, lawmakers from gerrymandered districts have tried to quashthose voter-backed reforms before they could take effect.

The only solace on Thursday came from another Supreme Court case. In Department of Commerce v. New York, the justices narrowly turned back the Trump administration’s attempt to place a citizenship question on the 2020 census. Census Bureau officials warned that the question would significantly reduce immigrant and non-citizen participation, warping the entire head count and reducing federal representation for diverse states. A ruling the other way would have accelerated the artificial shift in electoral influence toward whiter, conservative regions after next year’s census. Such is the nature of the Roberts Court, where Americans must be grateful that democracy’s firefighters chose to do nothing instead of using gasoline.

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Wednesday, June 26, 2019

Clarence Thomas’s Unprecedented America The New Republic / by Matt Ford

Clarence Thomas’s Unprecedented America


The New Republic / by Matt Ford / 25min

The Supreme Court began this week by correcting an injustice. A local prosecutor in Mississippi tried and convicted Curtis Flowers six times for allegedly murdering four people at a furniture store in 1996. Two of those trials ended in hung juries; courts tossed out three of the convictions for prosecutorial misconduct or racial discrimination in jury selection. The Mississippi Supreme Court upheld the sixth conviction of Flowers, who is black, because the prosecutor let a single black person onto the jury after striking all other potential African Americans.


Writing for the majority, Justice Brett Kavanaugh found that the Mississippi high court had misapplied Batson v. Kentucky, the 1987 case that banned racial discrimination in jury selection. He cited numerous instances where the prosecutor questioned black jurors far more intensely than white jurors to find reasons to exclude them. The 7-2 decision transcended the usual ideological lines. Justice Samuel Alito, who rarely sides with criminal defendants, wrote separately that the “totality of the circumstances” meant that Flowers’ conviction “cannot stand.”

Only two justices disagreed. Justice Clarence Thomas, joined by Justice Neil Gorsuch, wrote that the court had misapplied Batson and distorted the facts of the case. Then he took aim at Batson itself. To Thomas, the 1987 case “requires that a duly convicted criminal go free because a juror was arguably deprived of his right to serve on the jury.” He wrote that he favored returning the court to “to our pre-Batson understanding” of racial bias in jury selection, which he wrote would be more effective at fighting prejudice. (Gorsuch did not join this part of the dissent.)

It’s been a busy term for Thomas, who is always one of the court’s most prolific writers. His concurring opinions and dissents have long offered an unorthodox view of the court’s precedents and practices that set him apart from his colleagues. As the court’s conservative bloc reasserts itself after Anthony Kennedy’s retirement, Thomas is reasserting his constitutional vision as well—one that points toward a society that’s radically different than the one experienced today.

Since joining the court in 1991, Thomas has never shied away from identifying the precedents with which he takes issue. But the 2018-19 term stands apart for the magnitude of his calls. In February, the court declined to hear McKee v. Cosby, a defamation case brought against Bill Cosby by Katherine McKee, who accused him of rape in 2014. The dispute turned on whether McKee’s decision to come forward made her a “limited-purpose public figure,” which would make it harder to prove Cosby had defamed her. Thomas agreed with his colleagues’ decision not to take up the case, but wrote a concurring opinion to call upon them to reconsider the 1964 decision New York Times Co.v. Sullivan, which is the touchstone of modern American libel law.

Sullivan raised a high threshold for litigants to win defamation cases by requiring them to prove that the publisher acted not just with recklessness or in error, but with “actual malice” against the defamed party. The landmark 1964 ruling helped shield newspapers from frivolous lawsuits filed by Southern officials who sought to quash civil-rights coverage by the press. Thomas wrote that there was “little historical evidence suggesting that the [Sullivan] actual-malice rule flows from the original understanding of the First or Fourteenth Amendment.” Scrapping Sullivanwould make it easier for wealthy and powerful Americans to suppress unfavorable news coverage with onerous legal proceedings.

The following week, he dissented from the court’s ruling in Garza v. Idaho. The six-justice majority sided with the defendant who argued his lawyer had violated his Sixth Amendment rights by not filing a particular motion. Thomas, joined by Alito and Gorsuch, explained why he thought the ruling was in error—and then he kept going. The decision, according to Thomas, “moves the Court another step further from the original meaning of the Sixth Amendment.”

“That provision ‘as originally understood and ratified meant only that a defendant had a right to employ counsel, or to use volunteered services of counsel,’” Thomas wrote, quoting the late Justice Antonin Scalia. “Yet, the Court has read the Constitution to require not only a right to counsel at taxpayers’ expense, but a right to effective counsel.” He stopped short of calling for the reversal of Gideon v. Wainwrightand related cases that required states to provide lawyers for defendants who can’t afford them. Instead, Thomas wrote that he would “proceed with far more caution than the Court has traditionally demonstrated in this area.” Though Alito declined to join this part of Thomas’s dissent, Gorsuch was all in.

The list goes on. Last year, Thomas questioned the validity of Mapp v. Ohio, the 1961 case where the court held that the Fourth Amendment required states to exclude illegally obtained evidence from criminal trials. In a major death-penalty case in 2015, he joined a concurring opinion by Scalia that suggested overturning a broad swath of the court’s Eighth Amendment rulings since 1958. One legal scholar told The New York Times this spring that Thomas has written at least 250 concurring or dissenting opinions calling for the court’s past decisions to be revisited.

Why is the court’s quietest justice so outspoken about the court’s perceived mistakes? There are two key factors. One is his approach to precedent, one of the building blocks of the American legal system. State and federal judges rely on past decisions to maintain a degree of predictability and uniformity to the law. And while any other court’s ruling can be persuasive, the Supreme Court’s precedents generally carry the most weight.

In theory, five justices could change those precedents whenever they want. But they typically avoid the temptation. Justices from across the ideological spectrum often point to the legal doctrine of stare decisis, a Latin phrase meaning “to stand by things decided.” It’s not enough for a justice to think a precedent is simply wrong; it must be extraordinarily flawed or unjustifiable in some way for the court to reverse itself. That doctrine allows the court to issue decisions like Brown v. Board of Education—which overturned the “separate but equal” standard established by the High Court nearly 60 years earlier—without reversing itself at every opportunity, rendering the rule of law arbitrary and unaccountable.

Thomas takes a different view of stare decisisthan many of his colleagues: He doesn’t seem to believe in it. “Stare decisis doesn’t hold much force for you?” a federal judge asked Thomasduring a Federalist Society event in 2013. “Oh it sure does,” he replied. “But not enough to keep me from going to the Constitution.” That leads to the other reason why he’s so outspoken, which is ideological. Thomas identifies as an originalist, meaning that he interprets the Constitution based on what he views as the original public meaning of its clauses and amendments when they were drafted.

Thomas is not the only originalist on the court, of course. For many years, he served with Antonin Scalia, who helped establish the school of legal thought in the 1970s and ‘80s. But Thomas is uniquely aggressive in taking that school of legal thought to its logical conclusion, even if those conclusions would upend decades (or sometimes centuries) of settled law and practice in pursuit of the One True Interpretation. “Look, I’m an originalist,” Scalia once said when asked about his colleague’s legal philosophy, “but I’m not a nut.”

Some of Thomas’s efforts to reconsider American law could lead to positive outcomes. In recent years, he has urged his colleagues to reconsider a 1950 decision where the Supreme Court held that veterans can’t sue the federal government for injuries that arose during their military service. In 2017, he wrote a concurring opinion in an unremarkable civil-forfeiture case that questioned the legitimacy and legalityof the practice. More recently, he also joined a growing revolt in the legal community against the court’s qualified-immunity rulings, which makes it harder for Americans to sue public officials for violating their civil rights.

But while his calls for reconsideration don’t always align with conservative policy priorities, they often do. His view that there is no constitutional right to obtain an abortion, for example, enjoys wide support among pro-life groups who hope to see Roe v. Wade overturned. Thomas frequently criticizes his colleagues for refusing to hear Second Amendment cases over the past decade, writing recently that the “right to keep and bear arms is apparently this Court’s constitutional orphan.” And his views on the Commerce Clause and the administrative state would sharply reduce the federal government’s power to regulate the national economy.

For most of his tenure, Thomas’s approach to high-profile cases rarely won over his colleagues. That may be changing with Justice Anthony Kennedy’s 2018 retirement. In May, the Supreme Court ruled that states couldn’t be sued in the courts of other states without their permission, overturning a landmark decision from 1979. “Nevada v. Hall is contrary to our constitutional design and the understanding of sovereign immunity shared by the states that ratified the Constitution,” Thomas wrote for a 5-4 court that split along ideological lines. “Stare decisis does not compel continued adherence to this erroneous precedent.”

Thomas’s treatment here of stare decisis, and the factors traditionally cited by the justices when setting it aside, was cursory at best. “The law has not changed significantly since this Court decided Hall, and has not left Hall a relic of an abandoned doctrine,” wrote Justice Stephen Breyer in a dissent joined by the court’s liberals. “Nor has our understanding of state sovereign immunity evolved to undermine Hall.” Breyer also raised alarms about the court’s newfound approach to precedent. “Today’s decision can only cause one to wonder which cases the Court will overrule next,” he concluded in a paragraph quoting from the court’s 1992 reaffirmation of Roe v. Wade.

Thomas’s fellow conservatives might not be willing to carry out his counterrevolution in full, of course. But even a partial adherence to it could be seismic. In Clarence Thomas’s America, states could ban abortion outright, poor defendants might not receive a lawyer if they can’t afford one, racist prosecutors would face fewer hurdles to creating all-white juries, and wealthy Americans could more easily sue critical news outlets into submission. The country that springs from his reading of the Constitution would be foreign to millions of Americans.

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Tuesday, June 25, 2019

The Neo-Nationalist Danger / links included / The American Interest by Gabriel Schoenfeld

No True Scotsman
The Neo-Nationalist Danger

Gabriel Schoenfeld, a senior fellow at the Niskanen Center, is an opinion columnist for USA Today and a contributing editor at The American Interest.

If Trump lacks a framework for his policies, an organized movement of Trump-supporting neo-nationalist intellectuals is happy to supply one.
There is such a thing as a benign—even a salutary—nationalism. Within the framework of a liberal democracy, cultivation and celebration of a common history, traditions, folkways, language, and religion can foster ties of pride and patriotism and bind a people together for common purposes.
But there is also such a thing as malignant nationalism, which easily metastasizes into fascism. Its hallmarks are the celebration of racial unity, the glorification of authoritarianism, and the institutionalization of bigotry. In the 1930s, it took root in two world powers, Germany and Japan. A decade into their nationalist fever, the two nations attacked the liberal democracies of the West, igniting a global conflagration. By the end of the war, some 60 million people were dead and much of civilization lay in ruins. The concept of nationalism, inextricably tied to the most terrible war in human history, elicited revulsion among thinking people around the world. Nationalism, wrote George Orwell in May 1945 just as Germany surrendered, was the “habit of identifying oneself with a single nation, placing it beyond good and evil and recognising no other duty than that of advancing its interests.”
Today, three quarters of a century later, the great tide of democracy that was swept in by the Allied victory in World War II has begun to recede from its high-water mark in the first decade of this century. Nationalist and populist movements are renascent in Europe, Asia, Latin America, and the Middle East. Major powers like Russia and China are fanning nationalist sentiment and harnessing it for their own ends. Is the resurgence we are witnessing of the benign or the malignant sort? The question arises here in the United States for an obvious reason: the ascent of Donald Trump.
In the White House, one finds a revolving door full of self-proclaimed nationalists who have been advising the President, which includes the now departed Michael Flynn, Stephen Bannon, Sebastian Gorka, and Michael Anton, along with the still-serving and highly influential Stephen Miller and John Bolton. At the grassroots, a bloc of MAGA voters—approximately 35 percent of the American electorate—follows their leader unwaveringly. For his part, Trump’s slogan of “America First,” and his pledge that his “foreign policy will always put the interests of the American people and American security above all else,” are both perfectly congruent with Orwell’s definition.
Donald Trump has proved amply capable of activating atavistic emotions among his followers, but he is not an orator of note, a war hero, or a thinker, deficiencies that put in doubt his ability to lead anything more ambitious than a cult of his own personality. When expounding a doctrine that has always been inchoate, we have already seen the best he can do, that is, the best he can do when he is not reading fine words written by others for his teleprompter:
You know, they have a word—it’s sort of became old-fashioned—it’s called a “nationalist.” And I say, really, we’re not supposed to use that word. You know what I am? I’m a nationalist, okay? I’m a nationalist. Nationalist. Nothing wrong. Use that word. Use that word.
Into the breach have stepped the intellectuals. If Trump lacks a framework for his policies, they are happy to supply one. One group, comprised largely of conservative Catholics associated with the journal First Things, has produced a manifesto titled “Against the Dead Consensus” that blasts a conservatism that has only “paid lip service to traditional values,” decries “tyrannical liberalism” and its globalist agents, and welcomes the nationalist resurgence:
For those who enjoy the upsides, a borderless world brings intoxicating new liberties. They can go anywhere, work anywhere. They can call themselves “citizens” of the world. But the jet-setters’ vision clashes with the human need for a common life. And it has bred resentments that are only beginning to surface. We embrace the new nationalism insofar as it stands against the utopian ideal of a borderless world that, in practice, leads to universal tyranny.
This is puerile. A number of signers of the declaration recently exercised their “intoxicating new liberties” to travel by jet on well-publicized book tours to distant points, including Australia and Chile. “Sail with us on a remarkable journey to the cosmopolitan elegance of Monte Carlo,” is how one conservative-nationalist publication is advertising its fundraising cruise. Apparently, globalism is so insidious that even conservative nationalists “go anywhere” and “work anywhere” these days.
Other more serious efforts are gathering steam. Under the auspices of a new organization called the Edmund Burke Foundation, a group of “nationalist conservative” thinkers is scheduled to assemble in Washington in mid-July with the purpose of bringing together those who grasp that “the past and future of conservatism are inextricably tied to the idea of the nation.” The conference features such speakers as the aforementioned Bolton and Anton, as well as Fox’s Tucker Carlson. It is to be the “kick off for a protracted effort to recover and reconsolidate the rich tradition of national conservative thought as an intellectually serious alternative to the excesses of purist libertarianism, and in stark opposition to political theories grounded in race.”
Is this the stirring of a malign nationalism or something else? The chairman of the Edmund Burke Foundation is Yoram Hazony, an Israeli student of political philosophy, who is the neo-nationalist movement’s leading theoretician. To obtain a glimpse into what nationalist thought consists of today, Hazony’s influential 2018 book, The Virtue of Nationalism, is worth an extended look.
Given the horrors of 20th-century history, the case for nationalism carries some heavy burdens. Hazony begins his effort by attempting to lift them away. The idea that nationalism provoked two world wars and the Holocaust, he writes, is a “simplistic narrative, ceaselessly repeated,” with the repetition only serving to highlight the fact that nationalism has been badly mischaracterized and misunderstood. Nationalism, to Hazony, is the “best political order,” a “principled standpoint” rooted in the experience of the ancient Israelites of escaping from Egypt and building a homeland of their own. It regards the world as governed best “when nations are able to chart their own independent course, cultivating their own traditions and pursuing their own interests without interference.” It stands in contradistinction to “imperialism,” a political order or system that seeks to unite mankind, “as much as possible, under a single political regime.”
Imperialist movements, in Hazony’s idiosyncratic use of the term, tend to travel under the banner of a universal creed. He cites Christian anti-Semitism as the most famous example of the “hatred generated by imperialist or universalist ideologies,” but others have been little better: Islam, Marxism, globalism and liberalism “have proved themselves quite capable of inflaming similarly vicious hatreds against groups that are determined to resist the universal doctrines they propose.”
The dichotomy between imperialism and nationalism is the major theme of Hazony’s book. It is, he writes, “the fault line that has been uncovered at the heart of Western public life.” One stands on one or the other side of it; there is no middle ground: “Either you support, in principle, the ideal of an international government or a regime that imposes its will on subject nations when its officials regard this as necessary; or you believe that nations should be free to set their own course in the absence of such an international government or regime.”
Attempting to make good on the promise of his book’s title, Hazony identifies a number of “virtues of nationalism” that make it superior to “imperialist” political orders. Of these we shall consider the two most important.
“Individual liberties” is the first of these. Independent national states are the locus, according to Hazony, of the tradition of individual rights and freedom. The bonds of mutual loyalty that one finds in independent nation states permit the ruler and the strongest factions to limit their own powers, thereby enabling individual freedom. Only where such mutual loyalty is found can toleration take root. Dissenting voices can be experienced not only as a challenge, but also as “advancing the cause of the nation because they are expressions of free institutions that are the strength and glory of their nation.”
“Disdain for imperial conquest” is the second. Because nation-states exist on a limited scale, Hazony reasons, their rulers “inherit a political tradition that recognizes the boundaries of the nation and its defensive needs as placing natural limits upon its extension, and so tend to disdain the idea of conquering foreign nations.”
Although Nazi Germany is ritually held up as a counter case with respect to both individual freedom and disdain for imperial conquest, this, Hazony argues, is a misreading of the past. Despite the word “national” in the name of the Nazi Party, “Hitler was no advocate of nationalism,” states Hazony bluntly. Hitler’s model for the Third Reich, he maintains, was not the nation-state, “which he saw as an effete contrivance of the English and French,” but rather the First Reich, the Holy Roman Empire. In effect, Hitler was anti-nationalist and pro-empire and Nazi Germany was “an imperial state in every sense.” Germany went to war not for, but against, nationalism, to put an end to “the principle of the national independence and the self-determination of peoples once and for all.” By the same token, the Holocaust, the Nazi extermination of the Jews, was not part of a nationalist project, but something that “could not have been conceived or attempted outside the context of Hitler’s effort to revive and perfect long-standing German aspirations to universal empire.”
In imperial orders as they have appeared across history, one power typically dominates all the others. The ruling class and the armed forces are loyal not to the entire constellation of nations under their dominion but only to “the ruling nation around which the imperial state is constructed.” For this reason, “[a]n imperial state cannot be a free state. It is always a despotic state.” Failing to grasp that imperialism inevitably leads to despotism was a cardinal sin of those “Western liberals” who, in the aftermath of World War II, mistakenly pointed to German nationalism as the fuel that had ignited the global conflagration.
To prevent Germany from rising again and precipitating yet another world war after having already precipitated two, these liberals took the profoundly mistaken step of “dismantl[ing] the system of independent nations that had given Germany the right to make decisions for itself.” In its place, they erected a super-state, the European Union, with the objective of chaining Germany down. This, to Hazony, was a historic blunder, replacing one despotism with another in the heart of Europe. The West European nations, writes Hazony, “had not feared the Germans because of their nationalism, but because of their universalism and imperialism.” Unwittingly, the proponents of European unity were actually doing Germany’s bidding: fulfilling a longstanding aspiration by creating a “renewed ‘German empire.’”
The European Union is one of “two great imperialist projects” on which Hazony trains his fire. The second is the “American empire,” in which nations that do not abide by American interpretations of international law are “coerced into doing so, principally by means of American military might.” The EU in Hazony’s schema is a kind of sub-empire, a “protectorate” of the American empire with the American President playing “the role of the emperor in today’s Europe.”The EU in Hazony’s schema is a kind of sub-empire, a “protectorate” of the American empire with the American President playing “the role of the emperor in today’s Europe.” The true nature of these imperial arrangements has been effectively hidden from the public. Europeans, for their part, avert their gaze because they “might not relish the prospect of a renewed German empire,” while Americans look away because they have often “balked at the idea of an ‘American empire.’”
But Hazony locates a deeper cause for the “blindness” about the liberal empires, which can be found in the very nature of liberalism itself. John Locke’s Second Treatise of Government—“modernity’s most famous liberal manifesto”—he argues, is fundamentally flawed, elevating a false individualism, and a fictitious act of consent to an imaginary social contract, above the tangible attachments that “bind human beings into families, tribes, and nations.” With borderlessness exalted by Locke’s liberalism, transnational empires have become so widely accepted as to become invisible, the background to ordinary life. Locke’s “dream world” and “utopian vision” have become “the virtually unquestioned framework for what an educated person needs to know about the political world.”
So thoroughly has the doctrine been inculcated into elites that a veritable army of Lockean liberals has been engaged in a war against dissenters, with the opponents of liberalism, according to Hazony, “vanquished one by one.” Their victories have left a “dogmatic imperialism as the dominant voice within the liberal camp.” Increasingly, the self-proclaimed partisans of liberty have been transformed into their antithesis, becoming “among the most powerful agents fomenting intolerance and hate in the Western world today.”
What are we to make of all this?
Hazony is obviously correct that some measure of national unity is essential if individual freedom is to thrive. A country riven by tribal warfare or factionalism and hatred is not fertile soil for liberty. And Hazony is also correct that, historically, the growth of individual freedom has developed within the protective confines of the nation-state. But if national unity is necessary for liberty, it is hardly sufficient.
To illustrate this, one need neither theorize nor delve into the past; empirical observation of the contemporary record alone tells a convincing story. According to Freedom House’s 2018 global survey, among the 195 independent nation-states of the world, only 45 percent are free. Fifty-five percent are either “not free” or only “partly free.” To be sure, some of the not-free countries are in the grip of what Hazony would call imperialist domination, like the various Communist and Islamic countries on the Freedom House list. But for every truly independent nation-state in which individual freedom thrives, there are three times as many independent nation-states where strongmen rule, democratic institutions are weak or absent, the rule of law is shaky or worse, and civil rights are denied. Interestingly, among the 28 countries that are living under what Hazony calls the “despotism” of the European Union, Freedom House rates every one of them as free. Overall, however, the data considerably darken Hazony’s rose-tinted picture of nation-states as incubators of individual freedom. It is not the nation-state per se that nurtures individual freedom, as Hazony would have it, but only a particular type of nation-state: namely, liberal democracy.
How about “disdain for imperial conquest”? Is that the disposition of the average nation-state, today or in the past?
Hazony devotes an extended segment of his book to the Westphalian treaties of the 17th century that, among other things, established a general recognition of exclusive sovereignty among their signatories, ushering in the modern international system. Hazony traces this order to biblical precepts and calls it “the Protestant Construction of the West,” a collection of independent nation-states all pursuing their own interests, which is his ideal ordering of the world. Indeed, Hazony waxes rhapsodic about its character: the “diverse forms of self-government, religion and culture” it allowed to thrive, the “storm of dormant energies” it unleashed, the “unique dynamism” it brought to the nations of Europe, the “stunning degree” of experimentation in government, economics, theology, and science, and the “significant advances” it produced “in finance, industry, medicine, philosophy, music and art.”
It sounds like an idyll. But did this order of independent national states promote individual liberty and did it disdain conquest? In other words, were Hazony’s supposed virtues of nationalism in evidence? On the evidence offered in his own book, the free and independent nation-states of the era “were constantly resorting to war over territories and trade.” And despite the Westphalian belief in inviolate sovereignty, and the supposed “disdain for imperial conquest,” even as they warred with each other they also avidly engaged in the colonial project of “conquest and subjugation of foreign peoples” across the globe, all the while maintaining “unconscionable racialist arrangements and institutions” on their home territories.
One senses not a minor contradiction in Hazony’s argument: In the “order of independent states” that he calls the best regime, the supposed virtues of his preferred nationalist order are absent, and all the vices of evil imperialism are present.One senses not a minor contradiction in Hazony’s argument: In the “order of independent states” that he calls the best regime, the supposed virtues of his preferred nationalist order are absent, and all the vices of evil imperialism are present. Struggling to stuff his theoretical propositions into a historical box in which they do not fit, the only exit from the contradiction Hazony can find is that the Protestant Construction imparted “a form that provided a basis for the eventual remediation of many of its deficiencies.” But of course, one must ask, was it the form of independent nation-state that provided for such “eventual remediation,” or was it the rise and growing acceptance of liberal democratic ideas and institutions? These are not questions Hazony pauses to entertain.
The Westphalian peace aside, Nazism would seem to put Hazony’s vision of a freedom-supporting and largely pacific nationalism to an even more stringent test.
Of course, it is incontrovertible that Hitler, as Hazony argues, had grand imperialist aspirations that included conquest of the world and domination and/or extermination of all non-“Aryan” races, and was therefore not “nationalist” as Hazony defines that term. But the social force that created Nazism, that propelled Hitler to the leadership of the most powerful country in Europe, and that fostered an idea of German world domination was indeed nationalism. “People of the same blood should be in the same REICH. The German people will have no right to engage in a colonial policy until they shall have brought all their children together in the one State”—those are Adolf Hitler’s own words. In denying the obvious, Hazony is proceeding precisely according to the flawed reasoning of what is known as the No True Scotsman fallacy.1 Positing nationalism as “the best political order,” Hazony removes villainous nationalists from his favored category, letting Nazi “nationalism” off the hook while the “imperialist” EU is arraigned as a criminally autocratic regime, fomenting intolerance and spewing hatred.
Today’s EU can indeed be faulted for many things. As George Weigel has summed it up in a judicious survey of democracy’s discontents in National Affairs, its “bureaucracy is often overbearing, impervious to criticism, dismissive of traditional national mores, and hostile to religious conviction in the public square.” But those serious deficiencies are by no means the entire story of European integration. Weigel reminds us that
EU funds have rebuilt much of the infrastructure of the new democracies of central and eastern Europe. They have helped to recover and restore much of the cultural patrimony in architecture and art that was severely damaged by six years of war and 45 years of communist neglect and worse. Moreover, transnational institutions like NATO and the Organization for Security and Cooperation in Europe have preserved the peace after a century in which Europe was twice on the verge of destroying itself — and taking much of the world with it, had the second round had a different outcome. So “transnational” does not always equal “bad.”
But to Hazony, transnational does always equal bad, an absolute evil that should never be accepted: “We should not let a hairbreadth of our freedom be given over to foreign bodies under any name whatsoever.” To him the EU is a despotism pure and simple and the historic accomplishments of the EU cited by Weigel do not figure into his calculations. In crude fashion, he calls the thinking behind European integration “closer to being a good joke than competent political analysis.” But it was not “Western liberals” alone who understood that Nazi Germany had been infected by the nationalist disease, and it was not those same liberals alone who were the prime movers behind European integration.
It was none other than the most preeminent conservative of the 20th century, Winston Churchill, who in Zurich in September 1946 spoke of the “frightful nationalistic quarrels, originated by the Teutonic nations in their rise to power, which we have seen in this 20th century, and even in our own lifetime, wreck the peace and mar the prospects of all mankind.” And it was Churchill who saw a path forward in European integration:
There is a remedy which, if it were generally and spontaneously adopted by the great majority of people in many lands, would as if by a miracle transform the whole scene and would in a few years make all Europe, or the greater part of it, as free and as happy as Switzerland is today. What is this sovereign remedy? It is to recreate the European fabric, or as much of it as we can, and to provide it with a structure under which it can dwell in peace, in safety and in freedom.
“We must build a kind of United States of Europe” is how Churchill concluded. The idea that Churchill sought to establish an American or German empire on the continent is ridiculous.
We can only speculate what Europe would look like today if the West had followed Hazony’s retrospective recommendation to allow post-war Germany to have “retained the right to make decisions for itself.” Considering Germany’s habit of igniting devastating world wars, it would have been an unthinkably foolish gamble for statesmen to take in 1945. We do not need to speculate about what Europe would be like if the United States had not spilled blood and treasure to impose the “American world order” that Hazony insouciantly condemns, an effort that aimed not at establishing empire but rescuing Europe from Nazi occupation, ensuring its reconstruction from the devastation of war, and protecting it over decades from the very real prospect of Soviet aggression.
Sounding every bit like a Cold War revisionist historian in the mode of William Appleman Williams, Hazony lambastes the United States for its “hunger to control other nations” and likens American investment in the defense of Europe to a kind of resource curse, akin to Saudi “oil gushing from the ground,” which has had the effect of lulling Europeans into “a condition of perpetual childhood,” a people blithely and blindly “smitten with the love of liberal empire.” It is a reflection of the diseased condition of contemporary conservatism that quite a few American conservatives have uncritically accepted a work with such a pronounced anti-American tenor, so dismissive of America’s historic contribution to the peace of the world, and which denigrates an alliance of liberal democracies as a form of despotism.
Space does not permit a full response to Hazony’s cartoon version of John Locke’s social contract theory. Suffice it to say, both Locke’s political thought and the larger foundations of liberalism are much richer than the straw version that Hazony holds up to pull apart. The philosopher who wrote that God made “man such a Creature, that, in his own Judgment, it was not good for him to be alone” is not recognizable in Hazony’s caricature of Locke as the prophet of unbridled individualism. One point demands further comment here: Hazony’s suggestion that Lockean liberalism has evolved into a doctrine of intolerance. He complains that “the scope of legitimate disagreements” has been “progressively reduced” while the penalties for dissent have grown “more and more onerous,” and he warns about “[i]ncreasing demands for conformity to a single universal standard in speech and religion.” With great indignation, he declares that liberalism has embraced “the worst features of the medieval Catholic empire upon which it is unwittingly modeled, including a doctrine of infallibility, as well as a taste for the inquisition and the index.”
Like Patrick Deneen in his Why Liberalism Failed?, in drawing this picture of liberal democracy as repressive system, Hazony is borrowing a leaf from the leftist intellectuals pointed to by Jean-Francois Revel in his The Totalitarian Temptation for whom “the faults of free societies are so magnified that freedom appears to mask a totalitarian reality.” The political correctness about which Hazony is complaining is a poisonous disease that needs to be—and can be, and is being—combated. The more important point is that it is enforced not by officialdom, as in the Spain of the inquisition, but almost entirely either by social pressure to conform or by private agents, typically university administrators. The fact of the matter is that no one is compelling Hazony and his neo-nationalist colleagues to adhere “to a single universal standard in speech and religion,” let alone threatening to burn them at the stake. Freedom of speech does not come with a certificate of exemption from criticism, which appears to be Hazony’s underlying complaint.
One of the nationalist principles Hazony emphatically propounds is “non-interference in the internal affairs of other states.” This, of course, leaves open the problem of what to do about genocidal dictators like Hitler, a figure who seems to bedevil Hazony’s analysis at every turn. As is well known, in the course of the 1930s, as Hitler tightened the noose around the Jews of Germany, there was a significant number of Americans who believed passionately in something very much like Hazony’s principle of non-interference. Like Hazony, they regarded themselves as nationalists. Some were admirers of Mussolini and Hitler. Most were proponents of the slogan Trump has resurrected from that era, “America First.” To these America Firsters, Germany’s persecution of the Jews was simply the trouble of a wretched people in a faraway land and of no concern whatsoever to the United States.
Some of Hazony’s nationalist compatriots like Patrick Buchanan insist to this day that American intervention in Europe in World War II was a historic error. Such a stance is evidently an embarrassment to Hazony, who identifies himself as a “Jewish nationalist, a Zionist, all my life.” Confronted with the problem of a Hitler, Hazony jettisons his principle of non-interference and shifts into reverse.Confronted with the problem of a Hitler, Hazony jettisons his principle of non-interference and shifts into reverse. In some instances, Hazony avers, independent nation-states “have no choice but to interfere.” Hazony’s rationale for this 180-degree turnabout is that the crimes Hitler committed against his own people “were only a prelude to the attempt to destroy all the neighboring national states and to annex their populations to a universal empire.” But as Suzanne Schneider asked in a pointed review in Foreign Policy, “How is one to know for sure when crimes committed internally are a prelude to those of outward aggression?” The answer, of course, is that one cannot know. But even if one could know, what course of action would Hazony recommend if the internal crimes were not a prelude to aggression, as in the wholesale slaughter of the Tutsi in Rwanda in 1994 or if Hitler had confined his genocidal ethnic cleansing to within German borders? Would Hazony, like Buchanan, recommend that the United States remain a bystander under the banner of America First? The return of a 1930s-style isolationism is where Hazony’s principles appear to lead.
Closely related to the problem of ethnic cleansing is the question of the homogeneity of the nation-state. Although Hazony does not include it in his enumeration of virtues, in the course of his argument it emerges that he regards homogeneity as a significant strength for an independent nation-state. The unwelcome “diversity” that one finds in empires or other agglomerations of peoples, he writes, makes them “more difficult to govern, weakening the mutual loyalties that had held it together, dissipating the attention and resources in the effort to suppress internal conflicts and violence that had previously been unknown to it.” For Hazony, what is required for the establishment of a free state is “a majority nation whose cultural dominance” is so “overwhelming” that “resistance appears to be futile.” He approvingly quotes Johann Gottfried Herder, the 18th-century father of German nationalism, who warns against “the wild mixing of races and nationalities under one scepter.”
The United States thus poses a special challenge to the nationalist idea, for ours is a land where there has long been just such “wild mixing of races and nationalities.” Rooted in the involuntary influx of the slave trade and the voluntary influx of immigration, our diversity in the 19th century brought us the bloody strife of a civil war, but in the 20th century it contributed to our remarkable success. Yet diversity is disquieting to Hazony and his fellow neo-nationalists; it is regarded not a strength but a weakness. Many of America’s nationalist conservatives, it emerges on inspection, harbor a pronounced strand of nativism.
To Tucker Carlson, a keynote speaker at the Washington conference, immigration is something that “makes our own country poor and dirtier and more divided.” Michael Anton warns that “a republic that opens its doors to immigrants must choose carefully whom and how many to accept.” He cautions darkly against “ongoing mass immigration that. . . .‘fundamentally transforms’ one American community after the next.” He inveighs against “the ceaseless importation of Third World foreigners with no tradition of, taste for, or experience in liberty.” As for Stephen Bannon, at a rightist rally in France, he was the most explicit. He told the crowd, “Let them call you racist, let them call you xenophobes, let them call you nativist. Wear it as a badge of honor.” The racialist tenor of such alarums is as transparent as Donald Trump’s comments about the “very fine people” among the white supremacists carrying tiki torches as they marched in Charlottesville.
In the statement announcing the Washington gathering, nationalist political theories grounded in race are specifically disavowed. But race, in many contexts, is intrinsic to the nationalist idea, as, for example, in homogeneous Japan, or in China, where the majority Han are today brutally suppressing the minority Uighurs, putting millions into “re-education” camps to suppress their Muslim faith. In Central Europe a similar dynamic is at work in a far milder form. Illiberal governments like those of Poland and Hungary are both striving to make ethnic and religious homogeneity central to their country’s national identity, seriously discomfiting minority groups within their populations. To Hazony, the illiberal drift and the ethnocentrism are just fine. Indeed, he singles out Poland and Hungary—along with unnamed anti-liberal forces in a number of other countries—for praise as “holdouts against universal liberalism.” All they desire is “to defend their own unique cause and perspective.” For “wishing to chart an independent course that is their own” they will soon “be hated as the Jews have been hated.”
This is a repugnant amalgamation of past horrors with present ugliness in the service of a whitewash. In Hungary, Jews were indeed hated; during World War II, Hungary’s Arrow Cross and Nazi forces operating in concert murdered some 568,000 of them. Today, Hungary’s avowedly illiberal government under Viktor Orban’s ruling Fidesz party has been engaged in incursions against tolerance and a free press and has conducted a thinly veiled anti-Semitic campaign using the Jewish financier George Soros as a bogeyman. Hazony takes Orban’s side, hailing Hungary as one of a number of “dissident” nations gamely standing up to the autocracy that is the European Union.
The Poland that Hazony is praising for holding out against universal liberalism has equally bloody hands from World War II, and evidently also a continuing guilty collective conscience. That is precisely why its ruling Law and Justice Party recently passed a law, subsequently repealed in the face of a global outcry, criminalizing references to the extensive Polish complicity in the mass murder of Jews during and after World War II. What Hazony calls the Polish’s government’s “unique cause and perspective” is, in pertinent part, nothing more than a sub-branch of Holocaust denial. “I cannot defend all of the particular movements that will arise from [the] desire for national freedom,” Hazony disingenuously writes, even as he praises Poland and Hungary for their resistance to the EU and declines to criticize any aspect of their behavior, save for the insipid pronouncement that “we will not be enamored with what every nation does with [its] freedom.”
In actual fact, what every nation does with its freedom cannot be a matter of indifference to Europe and the rest of the world.In actual fact, what every nation does with its freedom cannot be a matter of indifference to Europe and the rest of the world. Marc Plattner, editor of the Journal of Democracy, makes a critical point: “The fact that contemporary liberal democracies do not fear that force will be used against them by their fellow liberal democracies makes possible a previously unprecedented degree of integration among them.”2 The inverse corollary is that if one or more of the EU member states uses its “freedom” to cease being a liberal democracy—in other words, uses its freedom to cease being free—the future of integration is the least of what is at stake. We are enjoying one of the longest bloodless intervals (with the peripheral case of the Balkan wars aside) in Europe’s endless history of slaughter. That is not the result of happenstance and it is certainly not an accomplishment of nationalists pushing their particularistic agendas. Credit goes overwhelmingly to European integration and the “universal liberalism” that Hazony, dispensing with all essential moral and political distinctions, lumps together with Marxism and Nazism as a potentially “genocidal” ideology that fuels “the desire for imperial conquest.” This is egregious. An outlook that regards liberalism, Nazism, and Communism as equally aggressive movements, equally capable of generating intolerance and spewing hatred, is both detached from historical reality and morally reprehensible.3
The statement announcing the Washington conference of conservative nationalists calls for the “revival of the unique national traditions that alone have the power to bind a people together and bring about their flourishing” (emphasis added). This is an unsubtle assertion that attachment to the ideas adumbrated in our sacred documents, the Declaration of Independence and the Constitution, is insufficient to unite Americans in a common polity. It is a truism that America is not just an idea but also a place. But Hazony writes disparagingly that “a love of the founding documents” and of “the ‘American creed’ that they supposedly contain” (emphasis added) is now regularly invoked “as a substitute for an attachment to the American nation itself.” In other words, the fact that the United States is “supposedly” a creedal nation, founded on a belief in liberty and self-government, is less significant to our cohesion than our ties of blood and soil. When Hazony insists that the United States “is still a nation like all others,” that is precisely what he has in mind.
As I noted at the outset, in the framework of a liberal democracy, celebration of a common history, traditions, folkways, language, and religion can help to foster ties of loyalty and patriotism and bind a people together. But the philosopher Roger Scruton is surely right that “we must distinguish national loyalty, which is the sine qua non of consensual government in the modern world, from nationalism, which is a belligerent ideology that looks for a source of government higher than the routines of settlement and neighborhood.” One does not need Hazony’s highly elaborate yet rickety superstructure to defend national loyalty, be it of the American or Israeli or any other liberal-democratic kind.One does not need Hazony’s highly elaborate yet rickety superstructure to defend national loyalty, be it of the American or Israeli or any other liberal-democratic kind. But America’s neo-nationalists are after something else. Those willing to give an intellectual thug like Tucker Carlson a premier platform and appear on a dais beside him are, if not trying to ride the populist-nationalist wave, at the very least giving intellectual respectability to its unsavory side. By no means all but more than a few of the featured speakers at the Washington gathering are avid Trump supporters who wrap themselves in lofty words about the revival of our unique national traditions, while traducing those very traditions.
For all the high-sounding talk about how nationalism can “bind a people together and bring about their flourishing,” they say not a word about the cruelty, the misogyny, the race-baiting, the overpowering moral stench emanating from the White House. When they are not busy applauding, they remain scrupulously silent in the face of policies that wrench children from their parents’ arms at the border and thrust them into cages, that deport the spouses of men and women serving in our armed forces, that demonize refugees and immigrants. They ignore the words that encourage police brutality, mock the disabled, spread falsehoods about American Muslims cheering by the thousands the destruction of the World Trade Center on 9/11. They wink and nod at the nepotism, the corruption, the self-dealing, the incitement of violence, the incessant and compulsive lying, the open invitation to foreign powers to intervene in U.S. elections. On the mentality of the nationalist, Orwell is pertinent yet again: “There is no crime, absolutely none, that cannot be condoned when ‘our’ side commits it.”
Even if it is not yet metastatic, a malignant form of nationalism is being injected into the American body politic. A set of profoundly illiberal ideas is being propounded at a moment when the fragility of liberal democracy has been exposed. We are drawing to the end of a low, dishonest decade, in which the odor of the 1930s has been filling the air. One can never know in advance what events await us, but we have arrived at a juncture in which another terrible chapter of history might well get written. This is not the hour in which intellectuals should be tossing matches into the kindling. Yet so they are. It is astonishing that Hazony’s contention that liberalism promotes “vicious hatred” while nationalism tends to be benign—a bizarre inversion of the historical record—has gained currency in some quarters of the Right. The neo-nationalists who are providing an intellectual cover for Trumpism and aspiring authoritarians around the world need to be mercilessly defeated on the battlefield of ideas as if September 1, 1939 were approaching.

The Neo-Nationalist Danger / text only / The American Interest by Gabriel Schoenfeld

No True Scotsman
The Neo-Nationalist Danger

Gabriel Schoenfeld, a senior fellow at the Niskanen Center, is an opinion columnist for USA Today and a contributing editor at The American Interest.

Published on: June 21, 2019

If Trump lacks a framework for his policies, an organized movement of Trump-supporting neo-nationalist intellectuals is happy to supply one.

There is such a thing as a benign—even a salutary—nationalism. Within the framework of a liberal democracy, cultivation and celebration of a common history, traditions, folkways, language, and religion can foster ties of pride and patriotism and bind a people together for common purposes.

But there is also such a thing as malignant nationalism, which easily metastasizes into fascism. Its hallmarks are the celebration of racial unity, the glorification of authoritarianism, and the institutionalization of bigotry. In the 1930s, it took root in two world powers, Germany and Japan. A decade into their nationalist fever, the two nations attacked the liberal democracies of the West, igniting a global conflagration. By the end of the war, some 60 million people were dead and much of civilization lay in ruins. The concept of nationalism, inextricably tied to the most terrible war in human history, elicited revulsion among thinking people around the world. Nationalism, wrote George Orwell in May 1945 just as Germany surrendered, was the “habit of identifying oneself with a single nation, placing it beyond good and evil and recognising no other duty than that of advancing its interests.”

Today, three quarters of a century later, the great tide of democracy that was swept in by the Allied victory in World War II has begun to recede from its high-water mark in the first decade of this century. Nationalist and populist movements are renascent in Europe, Asia, Latin America, and the Middle East. Major powers like Russia and China are fanning nationalist sentiment and harnessing it for their own ends. Is the resurgence we are witnessing of the benign or the malignant sort? The question arises here in the United States for an obvious reason: the ascent of Donald Trump.

In the White House, one finds a revolving door full of self-proclaimed nationalists who have been advising the President, which includes the now departed Michael Flynn, Stephen Bannon, Sebastian Gorka, and Michael Anton, along with the still-serving and highly influential Stephen Miller and John Bolton. At the grassroots, a bloc of MAGA voters—approximately 35 percent of the American electorate—follows their leader unwaveringly. For his part, Trump’s slogan of “America First,” and his pledge that his “foreign policy will always put the interests of the American people and American security above all else,” are both perfectly congruent with Orwell’s definition.

Donald Trump has proved amply capable of activating atavistic emotions among his followers, but he is not an orator of note, a war hero, or a thinker, deficiencies that put in doubt his ability to lead anything more ambitious than a cult of his own personality. When expounding a doctrine that has always been inchoate, we have already seen the best he can do, that is, the best he can do when he is not reading fine words written by others for his teleprompter:

You know, they have a word—it’s sort of became old-fashioned—it’s called a “nationalist.” And I say, really, we’re not supposed to use that word. You know what I am? I’m a nationalist, okay? I’m a nationalist. Nationalist. Nothing wrong. Use that word. Use that word.

Into the breach have stepped the intellectuals. If Trump lacks a framework for his policies, they are happy to supply one. One group, comprised largely of conservative Catholics associated with the journal First Things, has produced a manifesto titled “Against the Dead Consensus” that blasts a conservatism that has only “paid lip service to traditional values,” decries “tyrannical liberalism” and its globalist agents, and welcomes the nationalist resurgence:

    For those who enjoy the upsides, a borderless world brings intoxicating new liberties. They can go anywhere, work anywhere. They can call themselves “citizens” of the world. But the jet-setters’ vision clashes with the human need for a common life. And it has bred resentments that are only beginning to surface. We embrace the new nationalism insofar as it stands against the utopian ideal of a borderless world that, in practice, leads to universal tyranny.

This is puerile. A number of signers of the declaration recently exercised their “intoxicating new liberties” to travel by jet on well-publicized book tours to distant points, including Australia and Chile. “Sail with us on a remarkable journey to the cosmopolitan elegance of Monte Carlo,” is how one conservative-nationalist publication is advertising its fundraising cruise. Apparently, globalism is so insidious that even conservative nationalists “go anywhere” and “work anywhere” these days.

Other more serious efforts are gathering steam. Under the auspices of a new organization called the Edmund Burke Foundation, a group of “nationalist conservative” thinkers is scheduled to assemble in Washington in mid-July with the purpose of bringing together those who grasp that “the past and future of conservatism are inextricably tied to the idea of the nation.” The conference features such speakers as the aforementioned Bolton and Anton, as well as Fox’s Tucker Carlson. It is to be the “kick off for a protracted effort to recover and reconsolidate the rich tradition of national conservative thought as an intellectually serious alternative to the excesses of purist libertarianism, and in stark opposition to political theories grounded in race.”

Is this the stirring of a malign nationalism or something else? The chairman of the Edmund Burke Foundation is Yoram Hazony, an Israeli student of political philosophy, who is the neo-nationalist movement’s leading theoretician. To obtain a glimpse into what nationalist thought consists of today, Hazony’s influential 2018 book, The Virtue of Nationalism, is worth an extended look.

Given the horrors of 20th-century history, the case for nationalism carries some heavy burdens. Hazony begins his effort by attempting to lift them away. The idea that nationalism provoked two world wars and the Holocaust, he writes, is a “simplistic narrative, ceaselessly repeated,” with the repetition only serving to highlight the fact that nationalism has been badly mischaracterized and misunderstood. Nationalism, to Hazony, is the “best political order,” a “principled standpoint” rooted in the experience of the ancient Israelites of escaping from Egypt and building a homeland of their own. It regards the world as governed best “when nations are able to chart their own independent course, cultivating their own traditions and pursuing their own interests without interference.” It stands in contradistinction to “imperialism,” a political order or system that seeks to unite mankind, “as much as possible, under a single political regime.”

Imperialist movements, in Hazony’s idiosyncratic use of the term, tend to travel under the banner of a universal creed. He cites Christian anti-Semitism as the most famous example of the “hatred generated by imperialist or universalist ideologies,” but others have been little better: Islam, Marxism, globalism and liberalism “have proved themselves quite capable of inflaming similarly vicious hatreds against groups that are determined to resist the universal doctrines they propose.”

The dichotomy between imperialism and nationalism is the major theme of Hazony’s book. It is, he writes, “the fault line that has been uncovered at the heart of Western public life.” One stands on one or the other side of it; there is no middle ground: “Either you support, in principle, the ideal of an international government or a regime that imposes its will on subject nations when its officials regard this as necessary; or you believe that nations should be free to set their own course in the absence of such an international government or regime.”

Attempting to make good on the promise of his book’s title, Hazony identifies a number of “virtues of nationalism” that make it superior to “imperialist” political orders. Of these we shall consider the two most important.

“Individual liberties” is the first of these. Independent national states are the locus, according to Hazony, of the tradition of individual rights and freedom. The bonds of mutual loyalty that one finds in independent nation states permit the ruler and the strongest factions to limit their own powers, thereby enabling individual freedom. Only where such mutual loyalty is found can toleration take root. Dissenting voices can be experienced not only as a challenge, but also as “advancing the cause of the nation because they are expressions of free institutions that are the strength and glory of their nation.”

“Disdain for imperial conquest” is the second. Because nation-states exist on a limited scale, Hazony reasons, their rulers “inherit a political tradition that recognizes the boundaries of the nation and its defensive needs as placing natural limits upon its extension, and so tend to disdain the idea of conquering foreign nations.”

Although Nazi Germany is ritually held up as a counter case with respect to both individual freedom and disdain for imperial conquest, this, Hazony argues, is a misreading of the past. Despite the word “national” in the name of the Nazi Party, “Hitler was no advocate of nationalism,” states Hazony bluntly. Hitler’s model for the Third Reich, he maintains, was not the nation-state, “which he saw as an effete contrivance of the English and French,” but rather the First Reich, the Holy Roman Empire. In effect, Hitler was anti-nationalist and pro-empire and Nazi Germany was “an imperial state in every sense.” Germany went to war not for, but against, nationalism, to put an end to “the principle of the national independence and the self-determination of peoples once and for all.” By the same token, the Holocaust, the Nazi extermination of the Jews, was not part of a nationalist project, but something that “could not have been conceived or attempted outside the context of Hitler’s effort to revive and perfect long-standing German aspirations to universal empire.”

In imperial orders as they have appeared across history, one power typically dominates all the others. The ruling class and the armed forces are loyal not to the entire constellation of nations under their dominion but only to “the ruling nation around which the imperial state is constructed.” For this reason, “[a]n imperial state cannot be a free state. It is always a despotic state.” Failing to grasp that imperialism inevitably leads to despotism was a cardinal sin of those “Western liberals” who, in the aftermath of World War II, mistakenly pointed to German nationalism as the fuel that had ignited the global conflagration.

To prevent Germany from rising again and precipitating yet another world war after having already precipitated two, these liberals took the profoundly mistaken step of “dismantl[ing] the system of independent nations that had given Germany the right to make decisions for itself.” In its place, they erected a super-state, the European Union, with the objective of chaining Germany down. This, to Hazony, was a historic blunder, replacing one despotism with another in the heart of Europe. The West European nations, writes Hazony, “had not feared the Germans because of their nationalism, but because of their universalism and imperialism.” Unwittingly, the proponents of European unity were actually doing Germany’s bidding: fulfilling a longstanding aspiration by creating a “renewed ‘German empire.’”

The European Union is one of “two great imperialist projects” on which Hazony trains his fire. The second is the “American empire,” in which nations that do not abide by American interpretations of international law are “coerced into doing so, principally by means of American military might.” The EU in Hazony’s schema is a kind of sub-empire, a “protectorate” of the American empire with the American President playing “the role of the emperor in today’s Europe.”The EU in Hazony’s schema is a kind of sub-empire, a “protectorate” of the American empire with the American President playing “the role of the emperor in today’s Europe.” The true nature of these imperial arrangements has been effectively hidden from the public. Europeans, for their part, avert their gaze because they “might not relish the prospect of a renewed German empire,” while Americans look away because they have often “balked at the idea of an ‘American empire.’”

But Hazony locates a deeper cause for the “blindness” about the liberal empires, which can be found in the very nature of liberalism itself. John Locke’s Second Treatise of Government—“modernity’s most famous liberal manifesto”—he argues, is fundamentally flawed, elevating a false individualism, and a fictitious act of consent to an imaginary social contract, above the tangible attachments that “bind human beings into families, tribes, and nations.” With borderlessness exalted by Locke’s liberalism, transnational empires have become so widely accepted as to become invisible, the background to ordinary life. Locke’s “dream world” and “utopian vision” have become “the virtually unquestioned framework for what an educated person needs to know about the political world.”

So thoroughly has the doctrine been inculcated into elites that a veritable army of Lockean liberals has been engaged in a war against dissenters, with the opponents of liberalism, according to Hazony, “vanquished one by one.” Their victories have left a “dogmatic imperialism as the dominant voice within the liberal camp.” Increasingly, the self-proclaimed partisans of liberty have been transformed into their antithesis, becoming “among the most powerful agents fomenting intolerance and hate in the Western world today.”

What are we to make of all this?

Hazony is obviously correct that some measure of national unity is essential if individual freedom is to thrive. A country riven by tribal warfare or factionalism and hatred is not fertile soil for liberty. And Hazony is also correct that, historically, the growth of individual freedom has developed within the protective confines of the nation-state. But if national unity is necessary for liberty, it is hardly sufficient.

To illustrate this, one need neither theorize nor delve into the past; empirical observation of the contemporary record alone tells a convincing story. According to Freedom House’s 2018 global survey, among the 195 independent nation-states of the world, only 45 percent are free. Fifty-five percent are either “not free” or only “partly free.” To be sure, some of the not-free countries are in the grip of what Hazony would call imperialist domination, like the various Communist and Islamic countries on the Freedom House list. But for every truly independent nation-state in which individual freedom thrives, there are three times as many independent nation-states where strongmen rule, democratic institutions are weak or absent, the rule of law is shaky or worse, and civil rights are denied. Interestingly, among the 28 countries that are living under what Hazony calls the “despotism” of the European Union, Freedom House rates every one of them as free. Overall, however, the data considerably darken Hazony’s rose-tinted picture of nation-states as incubators of individual freedom. It is not the nation-state per se that nurtures individual freedom, as Hazony would have it, but only a particular type of nation-state: namely, liberal democracy.

How about “disdain for imperial conquest”? Is that the disposition of the average nation-state, today or in the past?

Hazony devotes an extended segment of his book to the Westphalian treaties of the 17th century that, among other things, established a general recognition of exclusive sovereignty among their signatories, ushering in the modern international system. Hazony traces this order to biblical precepts and calls it “the Protestant Construction of the West,” a collection of independent nation-states all pursuing their own interests, which is his ideal ordering of the world. Indeed, Hazony waxes rhapsodic about its character: the “diverse forms of self-government, religion and culture” it allowed to thrive, the “storm of dormant energies” it unleashed, the “unique dynamism” it brought to the nations of Europe, the “stunning degree” of experimentation in government, economics, theology, and science, and the “significant advances” it produced “in finance, industry, medicine, philosophy, music and art.”

It sounds like an idyll. But did this order of independent national states promote individual liberty and did it disdain conquest? In other words, were Hazony’s supposed virtues of nationalism in evidence? On the evidence offered in his own book, the free and independent nation-states of the era “were constantly resorting to war over territories and trade.” And despite the Westphalian belief in inviolate sovereignty, and the supposed “disdain for imperial conquest,” even as they warred with each other they also avidly engaged in the colonial project of “conquest and subjugation of foreign peoples” across the globe, all the while maintaining “unconscionable racialist arrangements and institutions” on their home territories.

One senses not a minor contradiction in Hazony’s argument: In the “order of independent states” that he calls the best regime, the supposed virtues of his preferred nationalist order are absent, and all the vices of evil imperialism are present.One senses not a minor contradiction in Hazony’s argument: In the “order of independent states” that he calls the best regime, the supposed virtues of his preferred nationalist order are absent, and all the vices of evil imperialism are present. Struggling to stuff his theoretical propositions into a historical box in which they do not fit, the only exit from the contradiction Hazony can find is that the Protestant Construction imparted “a form that provided a basis for the eventual remediation of many of its deficiencies.” But of course, one must ask, was it the form of independent nation-state that provided for such “eventual remediation,” or was it the rise and growing acceptance of liberal democratic ideas and institutions? These are not questions Hazony pauses to entertain.

The Westphalian peace aside, Nazism would seem to put Hazony’s vision of a freedom-supporting and largely pacific nationalism to an even more stringent test.

Of course, it is incontrovertible that Hitler, as Hazony argues, had grand imperialist aspirations that included conquest of the world and domination and/or extermination of all non-“Aryan” races, and was therefore not “nationalist” as Hazony defines that term. But the social force that created Nazism, that propelled Hitler to the leadership of the most powerful country in Europe, and that fostered an idea of German world domination was indeed nationalism. “People of the same blood should be in the same REICH. The German people will have no right to engage in a colonial policy until they shall have brought all their children together in the one State”—those are Adolf Hitler’s own words. In denying the obvious, Hazony is proceeding precisely according to the flawed reasoning of what is known as the No True Scotsman fallacy.1 Positing nationalism as “the best political order,” Hazony removes villainous nationalists from his favored category, letting Nazi “nationalism” off the hook while the “imperialist” EU is arraigned as a criminally autocratic regime, fomenting intolerance and spewing hatred.

Today’s EU can indeed be faulted for many things. As George Weigel has summed it up in a judicious survey of democracy’s discontents in National Affairs, its “bureaucracy is often overbearing, impervious to criticism, dismissive of traditional national mores, and hostile to religious conviction in the public square.” But those serious deficiencies are by no means the entire story of European integration. Weigel reminds us that

EU funds have rebuilt much of the infrastructure of the new democracies of central and eastern Europe. They have helped to recover and restore much of the cultural patrimony in architecture and art that was severely damaged by six years of war and 45 years of communist neglect and worse. Moreover, transnational institutions like NATO and the Organization for Security and Cooperation in Europe have preserved the peace after a century in which Europe was twice on the verge of destroying itself — and taking much of the world with it, had the second round had a different outcome. So “transnational” does not always equal “bad.”

But to Hazony, transnational does always equal bad, an absolute evil that should never be accepted: “We should not let a hairbreadth of our freedom be given over to foreign bodies under any name whatsoever.” To him the EU is a despotism pure and simple and the historic accomplishments of the EU cited by Weigel do not figure into his calculations. In crude fashion, he calls the thinking behind European integration “closer to being a good joke than competent political analysis.” But it was not “Western liberals” alone who understood that Nazi Germany had been infected by the nationalist disease, and it was not those same liberals alone who were the prime movers behind European integration.

It was none other than the most preeminent conservative of the 20th century, Winston Churchill, who in Zurich in September 1946 spoke of the “frightful nationalistic quarrels, originated by the Teutonic nations in their rise to power, which we have seen in this 20th century, and even in our own lifetime, wreck the peace and mar the prospects of all mankind.” And it was Churchill who saw a path forward in European integration:

    There is a remedy which, if it were generally and spontaneously adopted by the great majority of people in many lands, would as if by a miracle transform the whole scene and would in a few years make all Europe, or the greater part of it, as free and as happy as Switzerland is today. What is this sovereign remedy? It is to recreate the European fabric, or as much of it as we can, and to provide it with a structure under which it can dwell in peace, in safety and in freedom.

“We must build a kind of United States of Europe” is how Churchill concluded. The idea that Churchill sought to establish an American or German empire on the continent is ridiculous.

We can only speculate what Europe would look like today if the West had followed Hazony’s retrospective recommendation to allow post-war Germany to have “retained the right to make decisions for itself.” Considering Germany’s habit of igniting devastating world wars, it would have been an unthinkably foolish gamble for statesmen to take in 1945. We do not need to speculate about what Europe would be like if the United States had not spilled blood and treasure to impose the “American world order” that Hazony insouciantly condemns, an effort that aimed not at establishing empire but rescuing Europe from Nazi occupation, ensuring its reconstruction from the devastation of war, and protecting it over decades from the very real prospect of Soviet aggression.

Sounding every bit like a Cold War revisionist historian in the mode of William Appleman Williams, Hazony lambastes the United States for its “hunger to control other nations” and likens American investment in the defense of Europe to a kind of resource curse, akin to Saudi “oil gushing from the ground,” which has had the effect of lulling Europeans into “a condition of perpetual childhood,” a people blithely and blindly “smitten with the love of liberal empire.” It is a reflection of the diseased condition of contemporary conservatism that quite a few American conservatives have uncritically accepted a work with such a pronounced anti-American tenor, so dismissive of America’s historic contribution to the peace of the world, and which denigrates an alliance of liberal democracies as a form of despotism.

Space does not permit a full response to Hazony’s cartoon version of John Locke’s social contract theory. Suffice it to say, both Locke’s political thought and the larger foundations of liberalism are much richer than the straw version that Hazony holds up to pull apart. The philosopher who wrote that God made “man such a Creature, that, in his own Judgment, it was not good for him to be alone” is not recognizable in Hazony’s caricature of Locke as the prophet of unbridled individualism. One point demands further comment here: Hazony’s suggestion that Lockean liberalism has evolved into a doctrine of intolerance. He complains that “the scope of legitimate disagreements” has been “progressively reduced” while the penalties for dissent have grown “more and more onerous,” and he warns about “[i]ncreasing demands for conformity to a single universal standard in speech and religion.” With great indignation, he declares that liberalism has embraced “the worst features of the medieval Catholic empire upon which it is unwittingly modeled, including a doctrine of infallibility, as well as a taste for the inquisition and the index.”

Like Patrick Deneen in his Why Liberalism Failed?, in drawing this picture of liberal democracy as repressive system, Hazony is borrowing a leaf from the leftist intellectuals pointed to by Jean-Francois Revel in his The Totalitarian Temptation for whom “the faults of free societies are so magnified that freedom appears to mask a totalitarian reality.” The political correctness about which Hazony is complaining is a poisonous disease that needs to be—and can be, and is being—combated. The more important point is that it is enforced not by officialdom, as in the Spain of the inquisition, but almost entirely either by social pressure to conform or by private agents, typically university administrators. The fact of the matter is that no one is compelling Hazony and his neo-nationalist colleagues to adhere “to a single universal standard in speech and religion,” let alone threatening to burn them at the stake. Freedom of speech does not come with a certificate of exemption from criticism, which appears to be Hazony’s underlying complaint.

One of the nationalist principles Hazony emphatically propounds is “non-interference in the internal affairs of other states.” This, of course, leaves open the problem of what to do about genocidal dictators like Hitler, a figure who seems to bedevil Hazony’s analysis at every turn. As is well known, in the course of the 1930s, as Hitler tightened the noose around the Jews of Germany, there was a significant number of Americans who believed passionately in something very much like Hazony’s principle of non-interference. Like Hazony, they regarded themselves as nationalists. Some were admirers of Mussolini and Hitler. Most were proponents of the slogan Trump has resurrected from that era, “America First.” To these America Firsters, Germany’s persecution of the Jews was simply the trouble of a wretched people in a faraway land and of no concern whatsoever to the United States.

Some of Hazony’s nationalist compatriots like Patrick Buchanan insist to this day that American intervention in Europe in World War II was a historic error. Such a stance is evidently an embarrassment to Hazony, who identifies himself as a “Jewish nationalist, a Zionist, all my life.” Confronted with the problem of a Hitler, Hazony jettisons his principle of non-interference and shifts into reverse.Confronted with the problem of a Hitler, Hazony jettisons his principle of non-interference and shifts into reverse. In some instances, Hazony avers, independent nation-states “have no choice but to interfere.” Hazony’s rationale for this 180-degree turnabout is that the crimes Hitler committed against his own people “were only a prelude to the attempt to destroy all the neighboring national states and to annex their populations to a universal empire.” But as Suzanne Schneider asked in a pointed review in Foreign Policy, “How is one to know for sure when crimes committed internally are a prelude to those of outward aggression?” The answer, of course, is that one cannot know. But even if one could know, what course of action would Hazony recommend if the internal crimes were not a prelude to aggression, as in the wholesale slaughter of the Tutsi in Rwanda in 1994 or if Hitler had confined his genocidal ethnic cleansing to within German borders? Would Hazony, like Buchanan, recommend that the United States remain a bystander under the banner of America First? The return of a 1930s-style isolationism is where Hazony’s principles appear to lead.

Closely related to the problem of ethnic cleansing is the question of the homogeneity of the nation-state. Although Hazony does not include it in his enumeration of virtues, in the course of his argument it emerges that he regards homogeneity as a significant strength for an independent nation-state. The unwelcome “diversity” that one finds in empires or other agglomerations of peoples, he writes, makes them “more difficult to govern, weakening the mutual loyalties that had held it together, dissipating the attention and resources in the effort to suppress internal conflicts and violence that had previously been unknown to it.” For Hazony, what is required for the establishment of a free state is “a majority nation whose cultural dominance” is so “overwhelming” that “resistance appears to be futile.” He approvingly quotes Johann Gottfried Herder, the 18th-century father of German nationalism, who warns against “the wild mixing of races and nationalities under one scepter.”

The United States thus poses a special challenge to the nationalist idea, for ours is a land where there has long been just such “wild mixing of races and nationalities.” Rooted in the involuntary influx of the slave trade and the voluntary influx of immigration, our diversity in the 19th century brought us the bloody strife of a civil war, but in the 20th century it contributed to our remarkable success. Yet diversity is disquieting to Hazony and his fellow neo-nationalists; it is regarded not a strength but a weakness. Many of America’s nationalist conservatives, it emerges on inspection, harbor a pronounced strand of nativism.

To Tucker Carlson, a keynote speaker at the Washington conference, immigration is something that “makes our own country poor and dirtier and more divided.” Michael Anton warns that “a republic that opens its doors to immigrants must choose carefully whom and how many to accept.” He cautions darkly against “ongoing mass immigration that. . . .‘fundamentally transforms’ one American community after the next.” He inveighs against “the ceaseless importation of Third World foreigners with no tradition of, taste for, or experience in liberty.” As for Stephen Bannon, at a rightist rally in France, he was the most explicit. He told the crowd, “Let them call you racist, let them call you xenophobes, let them call you nativist. Wear it as a badge of honor.” The racialist tenor of such alarums is as transparent as Donald Trump’s comments about the “very fine people” among the white supremacists carrying tiki torches as they marched in Charlottesville.

In the statement announcing the Washington gathering, nationalist political theories grounded in race are specifically disavowed. But race, in many contexts, is intrinsic to the nationalist idea, as, for example, in homogeneous Japan, or in China, where the majority Han are today brutally suppressing the minority Uighurs, putting millions into “re-education” camps to suppress their Muslim faith. In Central Europe a similar dynamic is at work in a far milder form. Illiberal governments like those of Poland and Hungary are both striving to make ethnic and religious homogeneity central to their country’s national identity, seriously discomfiting minority groups within their populations. To Hazony, the illiberal drift and the ethnocentrism are just fine. Indeed, he singles out Poland and Hungary—along with unnamed anti-liberal forces in a number of other countries—for praise as “holdouts against universal liberalism.” All they desire is “to defend their own unique cause and perspective.” For “wishing to chart an independent course that is their own” they will soon “be hated as the Jews have been hated.”

This is a repugnant amalgamation of past horrors with present ugliness in the service of a whitewash. In Hungary, Jews were indeed hated; during World War II, Hungary’s Arrow Cross and Nazi forces operating in concert murdered some 568,000 of them. Today, Hungary’s avowedly illiberal government under Viktor Orban’s ruling Fidesz party has been engaged in incursions against tolerance and a free press and has conducted a thinly veiled anti-Semitic campaign using the Jewish financier George Soros as a bogeyman. Hazony takes Orban’s side, hailing Hungary as one of a number of “dissident” nations gamely standing up to the autocracy that is the European Union.

The Poland that Hazony is praising for holding out against universal liberalism has equally bloody hands from World War II, and evidently also a continuing guilty collective conscience. That is precisely why its ruling Law and Justice Party recently passed a law, subsequently repealed in the face of a global outcry, criminalizing references to the extensive Polish complicity in the mass murder of Jews during and after World War II. What Hazony calls the Polish’s government’s “unique cause and perspective” is, in pertinent part, nothing more than a sub-branch of Holocaust denial. “I cannot defend all of the particular movements that will arise from [the] desire for national freedom,” Hazony disingenuously writes, even as he praises Poland and Hungary for their resistance to the EU and declines to criticize any aspect of their behavior, save for the insipid pronouncement that “we will not be enamored with what every nation does with [its] freedom.”

In actual fact, what every nation does with its freedom cannot be a matter of indifference to Europe and the rest of the world.In actual fact, what every nation does with its freedom cannot be a matter of indifference to Europe and the rest of the world. Marc Plattner, editor of the Journal of Democracy, makes a critical point: “The fact that contemporary liberal democracies do not fear that force will be used against them by their fellow liberal democracies makes possible a previously unprecedented degree of integration among them.”2 The inverse corollary is that if one or more of the EU member states uses its “freedom” to cease being a liberal democracy—in other words, uses its freedom to cease being free—the future of integration is the least of what is at stake. We are enjoying one of the longest bloodless intervals (with the peripheral case of the Balkan wars aside) in Europe’s endless history of slaughter. That is not the result of happenstance and it is certainly not an accomplishment of nationalists pushing their particularistic agendas. Credit goes overwhelmingly to European integration and the “universal liberalism” that Hazony, dispensing with all essential moral and political distinctions, lumps together with Marxism and Nazism as a potentially “genocidal” ideology that fuels “the desire for imperial conquest.” This is egregious. An outlook that regards liberalism, Nazism, and Communism as equally aggressive movements, equally capable of generating intolerance and spewing hatred, is both detached from historical reality and morally reprehensible.3

The statement announcing the Washington conference of conservative nationalists calls for the “revival of the unique national traditions that alone have the power to bind a people together and bring about their flourishing” (emphasis added). This is an unsubtle assertion that attachment to the ideas adumbrated in our sacred documents, the Declaration of Independence and the Constitution, is insufficient to unite Americans in a common polity. It is a truism that America is not just an idea but also a place. But Hazony writes disparagingly that “a love of the founding documents” and of “the ‘American creed’ that they supposedly contain” (emphasis added) is now regularly invoked “as a substitute for an attachment to the American nation itself.” In other words, the fact that the United States is “supposedly” a creedal nation, founded on a belief in liberty and self-government, is less significant to our cohesion than our ties of blood and soil. When Hazony insists that the United States “is still a nation like all others,” that is precisely what he has in mind.

As I noted at the outset, in the framework of a liberal democracy, celebration of a common history, traditions, folkways, language, and religion can help to foster ties of loyalty and patriotism and bind a people together. But the philosopher Roger Scruton is surely right that “we must distinguish national loyalty, which is the sine qua non of consensual government in the modern world, from nationalism, which is a belligerent ideology that looks for a source of government higher than the routines of settlement and neighborhood.” One does not need Hazony’s highly elaborate yet rickety superstructure to defend national loyalty, be it of the American or Israeli or any other liberal-democratic kind.One does not need Hazony’s highly elaborate yet rickety superstructure to defend national loyalty, be it of the American or Israeli or any other liberal-democratic kind. But America’s neo-nationalists are after something else. Those willing to give an intellectual thug like Tucker Carlson a premier platform and appear on a dais beside him are, if not trying to ride the populist-nationalist wave, at the very least giving intellectual respectability to its unsavory side. By no means all but more than a few of the featured speakers at the Washington gathering are avid Trump supporters who wrap themselves in lofty words about the revival of our unique national traditions, while traducing those very traditions.

For all the high-sounding talk about how nationalism can “bind a people together and bring about their flourishing,” they say not a word about the cruelty, the misogyny, the race-baiting, the overpowering moral stench emanating from the White House. When they are not busy applauding, they remain scrupulously silent in the face of policies that wrench children from their parents’ arms at the border and thrust them into cages, that deport the spouses of men and women serving in our armed forces, that demonize refugees and immigrants. They ignore the words that encourage police brutality, mock the disabled, spread falsehoods about American Muslims cheering by the thousands the destruction of the World Trade Center on 9/11. They wink and nod at the nepotism, the corruption, the self-dealing, the incitement of violence, the incessant and compulsive lying, the open invitation to foreign powers to intervene in U.S. elections. On the mentality of the nationalist, Orwell is pertinent yet again: “There is no crime, absolutely none, that cannot be condoned when ‘our’ side commits it.”

Even if it is not yet metastatic, a malignant form of nationalism is being injected into the American body politic. A set of profoundly illiberal ideas is being propounded at a moment when the fragility of liberal democracy has been exposed. We are drawing to the end of a low, dishonest decade, in which the odor of the 1930s has been filling the air. One can never know in advance what events await us, but we have arrived at a juncture in which another terrible chapter of history might well get written. This is not the hour in which intellectuals should be tossing matches into the kindling. Yet so they are. It is astonishing that Hazony’s contention that liberalism promotes “vicious hatred” while nationalism tends to be benign—a bizarre inversion of the historical record—has gained currency in some quarters of the Right. The neo-nationalists who are providing an intellectual cover for Trumpism and aspiring authoritarians around the world need to be mercilessly defeated on the battlefield of ideas as if September 1, 1939 were approaching.