The Manhandlers

Mmm good

That used to be a soup by Campbell’s, now they can just name some type of faux grade military weapon in which to market to men so they can go on a killing rampage.And with that it is advertising and marketing that brought us to the current state of guns in America.

Below is an article from yesterday’s New York Times about how guns have been advertised and marketed if not branded to attract buyers to certain kinds of weapons of choice, that play upon two factors: Sexuality and Gender Identity and of course FEAR.

I have said repeatedly Americans are terrified of anything or any body that somehow threatens their identity, beliefs and of course their personal safety. It has been used repeatedly as a moral panic and no greater and more recent example of that is Covid. The way they turned a disease into a political weapon is why we have the divisive natue surrounding everything from masks to vaccines and how we view Dr. Fauci. Seriously the histronics in those early days about Fauci, Trump and Cuomo were mind blowing. If you did not somehow reject, adore and admire one of them during Covid, the tribe will pounce. I feared more of my own, Liberals, than any Conservative. I actually could have rational discussions with Conservative folks about the disease, it being AIRBORNE akin to a Pox or Measles like virus and that masks do work in certain circumstances for certain time periods, dependent on the type/kind each were wearing and that yes a vaccine of this kind has great potential and no it is not “new” as it has been kicking around for a while for other diseases and then I left it at that. No argument, no real push or shove just let the info lay there. The “other” is NOT my problem and I can avoid and do my best to work around said issues or problematic people if I so choose. Damn that word again. But what I find with both Liberals and Conservatives is a real reading comprehension problem. If you cannot concisely get your point in akin to a text or social media post you have lost then and then guns are a blazing. With liberals that is their Trump Derangement Syndrome that puts you in line with him and his crazies and then they dismiss you as the “other.” Liberals are the most judgemental unforgiving bores I have ever encountered. And again I am very liberal. I just don’t vest in the tribal mentality that seems to be largely an affiliation of millennials. It explains the social media implosions and cancel culture bullshit as they are coddled beyond belief. I doubt one could get this far in the blog at this point they would be so, “my feelers are hurt.”

With that you need to toughen up if you are ever going to make it out of your home/work pod. Gun Safety, Gun legislation is by far more important that who said something not nice to someone else by someone they did not know about someone they don’t know, will never meet and have nothing to do with.

As or IF you read the article I have highlighted what I think are essential passages that discuss the rise in gun sales. And this will piss off the young millennial woman, it is WOMEN who are purchasing guns at a faster rate than men. They are afraid! BOO! And the other is that most don’t have one fucking clue on how to use, operate or maintain a gun. Shocking, I know, not really.

Gun Sellers’ Message to Americans: Man Up

The number of firearms in the U.S. is outpacing the country’s population, as an emboldened gun industry and its allies target buyers with rhetoric of fear, machismo and defiance.

A man raffled off a golden AK-47 at the N.R.A. convention last month in Houston.
A man raffled off a golden AK-47 at the N.R.A. convention last month in Houston.Credit…Mark Abramson for The New York Times

By Mike McIntireGlenn Thrush and Eric Lipton

June 18, 2022

Last November, hours after a jury acquitted Kyle Rittenhouse of two shooting deaths during antiracism protests in 2020, a Florida gun dealer created an image of him brandishing an assault rifle, with the slogan: “BE A MAN AMONG MEN.”

Mr. Rittenhouse was not yet a man when he killed two people and wounded another in Kenosha, Wis. — he was 17 — but he aspired to be like one. And the firearms industry, backed by years of research and focus groups, knows that other Americans do, too.

Gun companies have spent the last two decades scrutinizing their market and refocusing their message away from hunting toward selling handguns for personal safety, as well as military-style weapons attractive to mostly young men. The sales pitch — rooted in self-defense, machismo and an overarching sense of fear — has been remarkably successful.

Firearm sales have skyrocketed, with background checks rising from 8.5 million in 2000 to 38.9 million last year. The number of guns is outpacing the population. Women, spurred by appeals that play on fears of crime and being caught unprepared, are the fastest-growing segment of buyers.

An examination by The New York Times of firearms marketing research, along with legal and lobbying efforts by gun rights groups, finds that behind the shift in gun culture is an array of interests that share a commercial and political imperative: more guns and freer access to them. Working together, gun makers, advocates and elected officials have convinced a large swath of Americans that they should have a firearm, and eased the legal path for them to do so.

Some of the research is publicly known, but by searching court filings and online archives, The Times gained new insight into how gun companies exploit the anxiety and desires of Americans. Using Madison Avenue methods, the firearms industry has sliced and diced consumer attributes to find pressure points — self-esteem, lack of trust in others, fear of losing control — useful in selling more guns.

In a paradigm-setting 2012 ad in Maxim magazine, Bushmaster — which manufactured the rifle used in the racist massacre in Buffalo in May — declared, “Consider your man card reissued.”

Bushmaster’s “man card” slogan first appeared in Maxim magazine in 2012. A rifle sold by the company was used in the Buffalo massacre this past May.

At the National Rifle Association convention in Houston last month, a Missouri-based gun maker, Black Rain Ordnance, featured a line of “BRO” semiautomatics punning on the company’s acronym: AR-15-style guns with names like BRO-Tyrant and BRO-Predator. Dozens of other vendors had similar messages.

The recurrence of mass shootings has provided reliable opportunities for the industry and its allies. Since the massacre at Sandy Hook Elementary School a decade ago, gun sales have almost always risen sharply in the aftermath of major shootings, as buyers snap up firearms they worry will disappear from stores.

“Drawing attention to the concern that firearm sales could be further restricted will have a great impact on anxious buyers,” a firearms industry study from 2017 advised.

At the same time, guns rights groups have pushed an aggressive legislative and court agenda. For instance, it soon will be legal to carry a hidden firearm without a permit in half the United States.

In states where pro-gun forces do not have the backing of elected officials, they have taken up the fight in other ways. The U.S. Supreme Court will soon rule on a New York case challenging a century-old law that allows local officials great discretion over who can carry a handgun, which is widely expected to turn into another gun rights victory.

Gun makers and their supporters argue they are only responding to a public need. A rush to buy firearms often coincides with concerns about personal safety or events that could spur legal limits on gun ownership, said Mark Oliva, a spokesman for the National Shooting Sports Foundation, the industry trade group.

“I don’t think that’s a marketing trick,” he said. “I think, more than anything, it’s consumer demand that’s driving the appetite for these firearms.”

Whatever the source of Americans’ sense of unease, the result is a country flooded with firearms and no end in sight.

“Fear,” said Darrell Miller, co-director of the Duke Center for Firearms Law, “is an incredibly powerful motivator.”

Marketing firearms for personal protection is nothing new. For the better part of the last century, certain gunmakers emphasized self-defense: One of the industry’s most influential campaigns was a 1996 ad in Ladies’ Home Journal that showed a Beretta handgun on a kitchen table, with the words “Homeowner’s Insurance.”

Still, hunting accounted for a majority of advertisements in Guns magazine from the 1960s to the late 1990s, according to a survey by Palgrave Communications, an online academic journal. The study found that “the core emphasis” shifted in the 2000s to “armed self-defense,” and that the percentage of hunting-related ads had dropped to about 10 percent by 2019.

This transition was accompanied by a surge in popularity of the Glock semiautomatic handgun and AR-15-type rifle, first widely used by law enforcement and in the military, in its fully automatic version. That provided a built-in market among veterans and former police officers, but also kicked off an effort to woo millions of men who liked to buy gear that made them feel like soldiers and the police.

In 2009, a marketing firm hired by Remington to push its Bushmaster AR-15s settled on an ad campaign targeting civilians who “aspired” to be part of law enforcement. The first draft of the new pitch, later obtained by lawyers representing parents of children killed at Sandy Hook, exhorted buyers to use their new rifles to “Clear the Crack House,” “Ice the Perp” and “Save the Hostage.”

The company toned down the language but embraced the idea of trafficking in fears of urban crime and mass shootings, the documents showed.

Josh Sugarmann, founder of the Violence Policy Center, a gun control group that tracks firearms advertising and marketing, said the firearms industry became adept at exploiting disquieting developments to spur sales.

“If you look back, it hasn’t just revolved around mass shootings. They tailored their marketing to Katrina, Y2K, 9/11, pretty much everything,” he said. “Their goal is basically to induce a Pavlovian response: ‘If there’s a crisis, you must go get a gun.’”

Industry data shows that in 1990, an estimated 74,000 military-style rifles were manufactured for domestic sale in the U.S. That figure began to climb after expiration of the federal assault weapons ban in 2004 and reached 2.3 million in 2013, the year after Sandy Hook, when AR-style guns accounted for about a quarter of all sales revenue, according to the Firearms Retailer Survey, an annual report by the industry trade association.

Along with the rise in gun sales has been an intensifying effort by the industry to understand — and influence — the American consumer. In 2016, the trade association commissioned its first “consumer segmentation” study that developed profiles of potential gun buyers with labels like “Unarmed Aaron” and “Weaponless Wendy,” who presumably could succumb to the right sales pitch.

The newest study, produced last year, is closely held and not circulated outside the industry, but a copy was obtained by The Times. It found that typical gun owners were white men in their 40s earning about $75,000 a year with a preference for handguns. “Less than half consider themselves to be very knowledgeable about firearms,” the study found, though they felt the need to have one.

A common theme in consumer sentiment is anxiety. The 2021 study contained two new categories of buyers: “Prepared for the Worst” and “Urban Defender.” Urban Defenders worry about crime, “do not trust others around them” and are most susceptible to the argument that tighter laws could threaten their ability to purchase a gun.

Gun owners “Prepared for the Worst” tend to have the lowest incomes and are the least likely to have a full-time job. They cite “building confidence” and “empowering themselves” as reasons to learn shooting skills.

To reach these fearful consumers, the trade association offered suggestions in another of its reports. One example depicts an image of a woman in a desolate urban setting, calmly pulling a handgun from her shoulder bag as a hoodie-wearing man approaches from behind with a knife. *note the hoodie, not at all racist, right?**

That marketing approach may work for Weaponless Wendy, the report advised, but such “cheesy images” should be avoided when targeting Unarmed Aaron.

“It is important for the individual protecting himself or his family to appear to be a confident person while not seeming eager, delighted, or excited to be in such a scenario,” the report said.

Beth Alcazar, a former teacher from Alabama turned firearms instructor, has translated these sentiments into practice. More than a third of her clients are women, she said, adding that fear of crime is a major motivator for first-time gun buyers.

“It comes from not wanting to be a victim and from knowing there’s evil in the world,” said Ms. Alcazar, who has published a book for women on using handguns for self-defense.

The aggressive messaging around fear has also helped define a newer crop of gun rights groups that increasingly overshadow the more deep-pocketed, but troubled, N.R.A. These groups, supported by the industry, have adopted a raw, in-your-face advocacy of near limitless freedom to own and carry firearms. Gun Owners of America, which lists more than 30 gun-related companies as “partners,” proudly calls itself the “only no compromise gun lobby in Washington.”

Their tone has grown more extreme along with the public discourse around guns in general. The Firearms Policy Coalition, which has launched numerous court challenges to gun laws around the country, used to sell T-shirts and bumper stickers with anodyne pro-gun mottos such as “Shall Not Be Infringed.”

But today, its online store has gear emblazoned with barbs like – “Abolish the ATF” and “Go and Print It,” a reference to using 3-D printers at home to make untraceable ghost guns. On social media, the coalition whips up members with warnings of an “impending GUNPOCALYPSE” wrought by weak or corrupt Washington politicians.

The image of Mr. Rittenhouse was put on Facebook by Big Daddy Unlimited, a firearms retailer in Gainesville, Fla., whose owners have said they started selling guns after the Sandy Hook massacre raised fears of new restrictions. “Be a Man Among Men” was a recruiting slogan used by the colonialist army of Rhodesia, now Zimbabwe, and has gained popularity among white nationalist groups in recent years, although it is also used outside of that context.

Tony McKnight, chief executive of Big Daddy Unlimited, said in a statement to The Times that the meme was created by a former employee who did not understand the historical significance of the phrase. “The post in question was meant to recognize justice for Kyle Rittenhouse, whose life came in danger while defending the community,” Mr. McKnight said.

Along with using heightened rhetoric, major gun rights groups have been working to roll back state-level restrictions. Their financial partners include companies such as Daniel Defense, the Georgia-based maker of the military-style rifle used in the Uvalde, Texas, school shooting in May, as well as major retailers like Brownells of Iowa, which last summer ran a promotion donating a portion of its sales to the Firearms Policy Coalition.

“Your purchases help defend our gun rights,” Pete Brownell, the company chairman, said as he announced the incentive.

A major target of gun rights expansion has been laws limiting the carrying of concealed weapons in public. More than 20 states over the past decade have moved to eliminate or loosen requirements to have a permit.

“Owning a gun that is locked up in your home is not going to help you when you are targeted in a crime,” said Michael Csencsits, an organizer with Gun Owners of America, which has pushed for the repeal of concealed-carry laws. “People buy guns because they want to carry them.”

In pressing the two-pronged campaign to sell more guns and weaken restrictions, the industry and activists have been informed by marketing research that shows an increasingly diverse pool of customers. Timothy Schmidt, president of the United States Concealed Carry Association, said the new generation of gun buyers encompasses city dwellers, suburbanites and those in rural areas.

“It’s not just the angry white male anymore,” he said “You’re seeing rising gun ownership among Blacks, among women. It’s really a different thing.”

JoAnna Anderson would seem to fit that demographic. A Black real estate agent in North Carolina, Ms. Anderson appears in a promotional video for SilencerCo, an online seller of devices that muffle the sound of a gunshot; its slogan is, “Suppress the Fear.”

In an interview with The Times, she said she carried a gun while on the job because she feared running into disgruntled residents of homes being vacated. Her first purchase was a 9-millimeter Ruger pistol, though she now has a collection of seven guns, including a military-style rifle.

“We cannot expect the government to protect us,” Ms. Anderson said, “because they haven’t.”

Nick Suplina, a senior vice president at Everytown for Gun Safety, a gun control group, said gun rights advocates tended to ignore data showing that firearms in homes often wound up hurting their owners instead of someone threatening them.

“While selling you this notion that a gun may provide security for yourself and your family, which is very appealing, they don’t tell you that owning a gun makes it two times more likely that somebody in the house will die of gun homicide or three times the likelihood they die by gun suicide,” he said.

After the mass shootings at Sandy Hook in 2012 and in Parkland, Fla., six years later, more than 30 states tightened gun laws, a successful effort pushed by well-funded groups such as Everytown, backed by Michael R. Bloomberg, the billionaire former mayor of New York City.

But the scorecard overall remains tilted toward gun rights, as states repeal concealed carry restrictions. Those victories have come amid the Republican Party’s embrace of Second Amendment absolutism and guns as central to its identity, a fervor that gun control proponents have not been able to match, said Mr. Miller of the Duke firearms law center.

“Gun rights advocates are reaping the benefits of a history of asymmetric intensity and political mobilization,” he said.

Energizing gun owners with a sense of alarm over the potential loss of rights has long been a reliable strategy of the firearms industry and its allies. Political candidates from both parties seeking the N.R.A.’s blessing traditionally would try to be seen hunting ducks or plinking at targets to reassure supporters that their gun rights would be safe.

But in the 2010s, with the rise of the Tea Party and increasingly strident opposition to President Barack Obama, Republican political messaging around guns took on a harder edge.

Christina Jeffrey, running for Congress in South Carolina, ran an ad in which she brandished an AK-47 assault rifle while asserting that gun rights were necessary “to ensure that our limited government stays limited.” In a Missouri governor’s race, Eric Greitens blasted away with a mounted machine gun while pledging to “fight Obama’s Democrat machine and their corrupt attacks.”

Such imagery has since become stock-in-trade. When Brian Kemp ran for governor of Georgia in 2018, one tongue-in-cheek ad showed him in a room full of firearms, leveling a shotgun near a young man interested in dating his daughter. It generated criticism, including from Shannon Watts, founder of Moms Demand Action for Gun Sense in America, who tweeted, “This recurring and uniquely American ‘joke’ is tiresome.”

Mr. Kemp responded dismissively with his own tweet: “I’m conservative, folks. Get over it!”

Groups like the Firearms Policy Coalition have filed dozens of court challenges to gun limits, and conservative judges, some appointed by former President Donald J. Trump, have delivered legal victories, including overturning a California law last month that placed an age minimum of 21 on purchases of semiautomatic rifles.

Mr. Suplina, of Everytown, disputed the idea that this was an era of gun rights expansion, citing a recent modest gun compromise in Washington and some state-level victories, including laws banning or limiting ghost guns in Delaware, Hawaii, Illinois, Maryland, Nevada, New York and Rhode Island. At least four states — Delaware, New York, Rhode Island and Washington — have put new limits on high-capacity magazines that can hold a large amount of ammunition.

“The fight is really intense,” Mr. Suplina said. “But for the first time in any recent period, the gun safety movement is showing up, meeting them on the battlefield, as it were, and that includes state houses and also Congress.”

Still, gun supporters are feeling generally optimistic.

“We are just at the start of expanding gun rights,” said Mr. Csencsits of Gun Owners of America.

But lest its members become too complacent, Gun Owners of America has on its website a very different message about the state of things: Be afraid.

“A handgun ban coming to America?” blared a recent headline on the site. The post goes on to ask for a donation to stop “what could be the single biggest attack on our God-given rights.” *uh no that was the founding fathers in the 1700s not God***

America’s Un-Exceptionalism

America has long passed the hey day of its history, where we built things, fought wars and created a stable economy that built wealth and educated millions to do great things and live great lives. We have a two tier economy that has divided wealth and achievement into a group of individuals that own over 75% of the stock market and have over 90% of the wealth and power in America. And then we have everyone else who sort of kind of falls into varying tiers of economic class that comprises our version of a caste system.

With that the pandemic opened the truth behind our failures and they are many. The most significant is that we do not manufacturer or build things. Those two were major contributors to our growth and wealth in the country. It has evolved and in turn declined to our detriment. Tech is no significant contribution to this as right now as I see it it in fact contributing to our decline.

If there is one thing I have learned here on my soap box is no one gives a shit. As long as they have the latest gadget and can work from their homes they are all gravy. Add to this the ability to see the latest show, eat the cool food and go to the cool places then you are a king and queen or whatever non gender related marker of the limited universe in which you exist. That seems to have once been Facebook it is now Instagram and the soap box is still Twitter but now even TikTok has stepped up the game and with that it has all the boys/girls/pronouns in the yard of NOTICE ME.

As I have been mining George Carlin’s career after the documentary on HBO, I watched his comedy specials more as a Sociologist I once wanted to be. I wanted to see what the reactions and the impact he had as he too evolved into being a commentator on society at large. It was made akin to being a Philosopher which was derided by Jerry Seinfeld as he felt no comedian had that kind of influence or power. Well George has been dead a long time and yet we still reference and quote him, so Mr. Seinfeld I am not sure is accurate and with that he too will be another who may fall into that classification with Seinfeld firmly crossing generations as a comment upon society.

The Comedian is the outlier, the observer the Joker, the Kings Jester who is to entertain and to passively aggressively offer insight into what the common man thinks. Now we have so many outlets and the reality is none of them good we get inundated with their thought (note singular as few are in sequence and comprehensive) on a subject. Guns? Sure they love them its a protected RIGHT. Again go to Carlin on that and he is “right” that we have only 10 assured by the Constitution and even those are vague and placed in a document that at any time they have the right to amend. That means change, to add or take away. He points to the laughable statement FREEDOM FOR ALL. The addendum to that was not the Black Slaves, the Natives or Women. And with that we changed that hallowed document to free slaves and give women the vote. And with that we are always ebbing and flowing with taking that away. The issue of the right to privacy not specifically stated but alluded to is the reasoning behind Roe and its decision and now its decision to take it away. More will follow as we move further along in the spectrum of political dissent and assent.

I have printed below the opinion piece by Ezra Klein the New York Times. It discusses the failures of our Government to do shit. And that is by both sides of the political aisle. My personal favorite is that he discusses how the Presidents that have been the most ineffectual are those who come from the Lawyer Class. Yes folks that is its own class in our Caste System, along with Doctors and we can replace Indian Chief with Politician. They are of their own tribe with no real interest in seeking consensus, understanding the other and their role is to maintain one thing – the status quo – their own.

I have highlighted that passage for your attention but I do want to point out that we have had massive failures in the Republican no lawyer class. Trump. Both he and that SIL of his, Kushner, came from builders. Let me find all the infrastructure and construction that took place during their reign. And yes they were Kings and they treated us as such. Trump wanted a Monarchy and with that the promise of family rule. Autocrat? Well Kings are to a point. The Golden Jubilee of the Queen of England is what Trump would have loved as there is no voting, only a changing of the crown, the gig is like the Supremes – for life. The Queen does no actual ruling, Parliament does but again that is taking the heavy lifting as heavy is the head that wears the crown. And like Voodoo Reagan, Trump would do what America does best, outsource the leadership to his loyal few. Cromwell would have done well in that court.

Well I step of the box now to allow another speaker to hold the court’s attention. It is time to Build Back Better but alas that message is lost in the din of the voices of the angry and the few. The rest don’t give a flying fuck.

What America Needs Is a Liberalism That Builds

Credit…Getty Images

By Ezra Klein Opinion Columnist The New York Times May 29, 2022

Early in Joe Biden’s presidency, Felicia Wong, the president of the liberal Roosevelt Institute, told me that Biden was badly misunderstood. He’s been in national politics for decades, and so people look at him and “default to a kind of old understanding of what Democrats stand for, this idea that Democrats are tax-and-spend liberals.” Wong thought he wanted more: “What Biden is trying to push is much more about actually remaking our economy, so that it does different things and it actually regularly produces different outcomes.”

I think Wong was right about what Biden, or at least the Biden administration, wanted. But its execution has lagged its vision. And the reason for this is uncomfortable for Democrats. You can’t transform the economy without first transforming the government.

In April, Brian Deese, the director of Biden’s National Economic Council, gave an important speech on the need for “a modern American industrial strategy.” This was a salvo in a debate most Americans would probably be puzzled to know Democrats are having. Industrial strategy is the idea that a country should chart a path to productive capacity beyond what the market would, on its own, support. It is the belief that there should be some politics in our economics, some vision of what we are trying to make beyond what financial markets reward.

Trying to build clean energy infrastructure is a form of industrial strategy. So is investing in domestic supply chains for vaccines and masks and microchips. For decades, the idea has been disreputable, even among Democrats. You don’t want government picking winners and losers, as the adage goes.

The argument, basically, is this: When governments bet on technologies or companies, they typically bet wrong. Markets are more efficient, more adaptable, less corrupt. And so governments should, where possible, get out of the market’s way. The government’s proper role is after the market has done its work, shifting money from those who have it to those who need it. Put simply, markets create, governments tax, and politicians spend.

It’s remarkable, the assumptions that lurk beneath what’s taken for common sense in Washington. Consider the phrase “winners and losers.” Winners at what? Losers how? Markets manage such questions through profits and losses, valuations and bankruptcies. But societies have richer, more complex goals. To criticize markets for failing to achieve them is like berating a toaster because it never produces an oil painting. That’s not its job.

So I won’t say markets failed. We failed. Growth slowed, inequality widened, the climate crisis kept getting worse, deindustrialization wrecked communities, the pandemic proved America’s supply chains fragile, China became more authoritarian rather than more democratic, and then Vladimir Putin’s war revealed the folly of relying on countries we cannot trust for goods we desperately need.

No one considers this success. Deese, in his speech to the Economic Club of New York., declared the debate over: “The question should move from ‘Why should we pursue an industrial strategy?’ to ‘How do we pursue one successfully?’”

I am unabashedly sympathetic to this vision. In a series of columns over the past year, I’ve argued that we need a liberalism that builds. Scratch the failures of modern Democratic governance, particularly in blue states, and you’ll typically find that the market didn’t provide what we needed and government either didn’t step in or made the problem worse through neglect or overregulation.

We need to build more homes, trains, clean energy, research centers, disease surveillance. And we need to do it faster and cheaper. At the national level, much can be blamed on Republican obstruction and the filibuster. But that’s not always true in New York or California or Oregon. It is too slow and too costly to build even where Republicans are weak — perhaps especially where they are weak.

This is where the liberal vision too often averts its gaze. If anything, the critiques made of public action a generation ago have more force today. Do we have a government capable of building? The answer, too often, is no. What we have is a government that is extremely good at making building difficult.

The first step is admitting you have a problem, and Deese, to his credit, did exactly that. “A modern American industrial strategy needs to demonstrate that America can build — fast, as we’ve done before, and fairly, as we’ve sometimes failed to do,” he said.

He noted that the Empire State Building was constructed in just over a year. We are richer than we were then, and our technology far outpaces what was available in 1930. And yet does anyone seriously believe such a project would take a year today?

“We need to unpack the many constraints that cause America to lag other major countries — including those with strong labor, environmental and historical protections — in delivering infrastructure on budget and on time,” Deese continued.

Our technology today outstrips that of 1930. Yet could we build an Empire State Building in a year?
Our technology today outstrips that of 1930. Yet could we build an Empire State Building in a year? Credit…Getty Images

One answer — the typical Republican answer — is that government can’t do the job and shouldn’t try. But the data doesn’t bear that out. The Transit Costs Project tracks the price tags on rail projects in different countries. It’s hard to get an apples-to-apples comparison here, because different projects are, well, different, and it matters whether they include, say, a tunnel, which is expensive for all the obvious reasons.

Even so, the United States is notable for how much we spend and how little we get. It costs about $538 million to build a kilometer (about 0.6 mile) of rail here. Germany builds a kilometer of rail for $287 million. Canada gets it done for $254 million. Japan clocks in at $170 million. Spain is the cheapest country in the database, at $80 million. All those countries build more tunnels than we do, perhaps because they retain the confidence to regularly try. The better you are at building infrastructure, the more ambitious you can be when imagining infrastructure to build.

The problem isn’t government. It’s our government. Nor is the problem unions — another favored bugaboo of the right. Union density is higher in all those countries than it is in the United States. So what has gone wrong here?

One answer worth wrestling with was offered by Brink Lindsey, the director of the Open Society Project at the Niskanen Center, in a 2021 paper titled “State Capacity: What Is It, How We Lost It, and How to Get It Back.” His definition is admirably terse. “State capacity is the ability to design and execute policy effectively,” he told me. When a government can’t collect the taxes it’s owed or build the sign-up portal for its new health insurance plan or construct the high-speed rail it’s already spent billions of dollars on, that’s a failure of state capacity.

But a weak government is often an end, not an accident. Lindsey’s argument is that to fix state capacity in America, we need to see that the hobbled state we have is a choice and there are reasons it was chosen. Government isn’t intrinsically inefficient. It has been made inefficient. And not just by the right:

What is needed most is a change in ideas: namely, a reversal of those intellectual trends of the past 50 years or so that have brought us to the current pass. On the right, this means abandoning the knee-jerk anti-statism of recent decades; embracing the legitimacy of a large, complex welfare and regulatory state; and recognizing the vital role played by the nation’s public servants (not just the police and military). On the left, it means reconsidering the decentralized, legalistic model of governance that has guided progressive-led state expansion since the 1960s; reducing the veto power that activist groups exercise in the courts; and shifting the focus of policy design from ensuring that power is subject to progressive checks to ensuring that power can actually be exercised effectively.

The Biden administration can’t do much about the right’s hostility to government. But it can confront the mistakes and divisions on the left.

A place to start is offered in another Niskanen paper, this one by Nicholas Bagley, a law professor at the University of Michigan. In “The Procedure Fetish” he argues that liberal governance has developed a puzzling preference for legitimating government action through processes rather than outcomes. He suggests, provocatively, that that’s because American politics in general and the Democratic Party, in particular, are dominated by lawyers. Biden and Kamala Harris hold law degrees, as did Barack Obama and John Kerry and Bill and Hillary Clinton before them. And this filters down through the party. “Lawyers, not managers, have assumed primary responsibility for shaping administrative law in the United States,” Bagley writes. “And if all you’ve got is a lawyer, everything looks like a procedural problem.”

This is a way that America differs from peer countries: Robert Kagan, a law professor at the University of California, Berkeley, has called this “adversarial legalism” and shown that it’s a distinctively American way of checking state power. Bagley builds on this argument. “Inflexible procedural rules are a hallmark of the American state,” he writes. “The ubiquity of court challenges, the artificial rigors of notice-and-comment rule making, zealous environmental review, pre-enforcement review of agency rules, picayune legal rules governing hiring and procurement, nationwide court injunctions — the list goes on and on.”

The justification for these policies is that they make state action more legitimate by ensuring that dissenting voices are heard. But they also, over time, render government ineffective, and that cost is rarely weighed. This gets to Bagley’s ultimate and, in my view, wisest point. “Legitimacy is not solely, not even primarily, a product of the procedures that agencies follow,” he says. “Legitimacy arises more generally from the perception that government is capable, informed, prompt, responsive and fair.” That is what we’ve lost — in fact, not just in perception.

Rebuilding that kind of government isn’t a question of regulatory tweaks and interagency coordination. It’s difficult, coalition-splitting work. It pits Democratic leaders against their own allies, against organizations and institutions they’ve admired or joined against processes whose justifications they’ve long ago accepted and laws they consider jewels of their past.

The environmental movement cheers when Biden says he wants to decarbonize and fast. But if he said that in order to achieve that goal, he wanted to reform or waive large sections of the National Environmental Policy Act to speed the construction of clean energy infrastructure, he’d find himself at war. What if he decided to argue not just that government workers should be paid more but also that they should be easier to both hire and fire?

I’ve spent most of my adult life trawling think tank reports to better understand how to solve problems. When I go looking for ideas on how to build state capacity on the left, I don’t find much. There’s nothing like the depth of research, thought and energy that goes into imagining health and climate and education policy. But those health, climate and education plans depend, crucially, on a state capable of designing and executing policy effectively. This is true at the federal level, and it is even truer, and harder, at the state and local levels.

So this is what I have become certain of: Democrats spend too much time and energy imagining the policies that a capable government could execute and not nearly enough time imagining how to make a government capable of executing them. It is not only markets that have failed.

The Bar Association

This is the Lawyer “union.”  From them you can see why law is such a hot mess of corruption and costs.  The arrogance and superiority is why we pay the price.  There are some law blogs, such as A Public Defender  that do a great job of explaining the daily shenanigans of the system but most are just soap boxes in which they masturbate online to remind us of how superior they are.   They complain about the injustice of course never offer one resolution or suggestion on how to fix it.   There are ways but that would require giving up the monopoly.  My first issue is the issues of elections and money in the same

Looking at the issues that there are true conflicts of interest in electing public officials to the posts of Prosecutor, Judges and even Public Defenders. And here comes another case of a Judge whose crime was one we have seen repeatedly in varying Congressional and other Government elected offices – campaign fraud.  Shocking, I know.

This was a Judge whose punishment was so unorthodox and absurd even I had to wonder the point.  Well I get the point, the degradation and humiliating of the defendant.  Under the aegis of public information there are lighted signs with the names of the cases in the front door of the courthouse, online access to court documents, cameras and microphones in courtrooms to ensure that everyone knows what is going on in every room with every matter on full display.  But this is all dog and pony show frankly. Most of the real legal games and deal makings occur in the rooms adjacent, in the courtroom in sidebars or chambers.  We have come to learn that with this idea of full disclosure there is none as even body cameras and car cams can be turned off.

Then it comes to the information that is actually produced, the criminal reports, the investigations, the experts consulted and any data related to how the State devised this case is not accessible.  You must file a Freedom of Information Act to each department, specifically with detailed itemized inventory of each request that would relate to the issue.  And then under the myriad of laws that legislatures have devised to somehow exempt the data that you would need to fully understand the issues you have faced  or are facing in the system.

And that again can be appealed, adjudicated, debated and once again provided but with information redacted to make it utterly unreadable.  So much for free information.

But this system is supposedly free, open and transparent.  That there is rational thought, clear cognizant decision making and in turn parity to ensure that all our rights are respected is the implied belief, inherent is that is not.   A barista said to me the other day, “to say that the system is broken implies that it was actually working at some point.”  I have my most intelligent conversations with Baristas.  All my wisdom comes from my bar association, the coffee bar.

Repeatedly I review the numerous cases that show our system of Justice has redacted that as a possibility.

Had that same punishment the Judge  invoked been sentenced on a regular member of the community it would have been lauded for the creativity and the statement it would have provided in stopping or discouraging others from doing the same in the future. What a crock of shit.  Sorry but little in sentencing has anything to do with rational belief that any punishment stops future crime and in turn rehabilitates the offender.

Just the rates of recidivism and the reality that any punishment offers rehabilitation is a crock.  It is about money and finding ways of spreading the wealth.  The costs alone of a victimless crime to the offender is immense, then add the costs involved to prosecute and jail the offender adds more insanity to an insane system.   Take a look at some of the more quote unquote societal offenses of say drunk driving or drug possession. Those are the most related to traffic or stop and frisks and they are the “money makers” to coin a phrase.

To get an Attorney, take time to go to varying Court shamings which means  loss of work, get the interlock devices,  or other assigned penalties (such as urine testing or other shaming), mandatory jail time,  the specialized auto insurance, the costs of victim panels and fake drug or alcohol assessments, the driver license lost and the costs to restore it then in turn subsequent auto insurance, the excessively lengthy probation that exceeds normal probationary period which in turn is not monitored but must be disclosed as it is public records that can affect jobs and the fact that unlike many crimes cannot be expunged from a record – EVER – amounts to costs that are in the triple digits.  So what starts out as a “traffic stop” as that is what most DUI or drug possession are – has now gone into costs that exceed for many a lifetime income.

And how is that working out?  The constant felons with this problem go on committing them.  Then they do harm and of course all of us are then associated with the acts of one becoming the punishment for the many.  We are sure if we penalize everyone in the same way everyone will learn that they will never do it ever.  And the guilt shaming and the insane need for public degradation to add to that will of course pressure people to avoid ever making a mistake in their lives.

The costs again to expunge or find clemency for even crimes you did not commit go into thousands and once again fall to the system to challenge and somehow prove that you are a good person.  The need to carry the red X to the grave is not enough.  This too must change.

We have seen this play out in the recent events that clearly demonstrate that all of this is in fact very selective and of course related to race, to gender and to money.  A recent poll found that of course whites versus black people find a very different perspective to Police.  Shocking I know.

And there is no database with public accountability with regards to police shootings yet that is federal mandate. So no public shaming there apparently for our Police.  In fact they go into hiding on paid leave. See if you can do the same?

And little is done to actually penalize in a legitimate manner the illegitimacy of the system which includes Prosecutors and Judges. They are equally culpable and offensive.

The Open File Project lists this week several cases of misconduct that includes Prosecutorial Misconduct in Arizona, and cites a series of articles from the AZ Republic over the issue.  Or the case of client communications being intercepted by Prosecutors, or a Prosecutor who altered official transcripts, and many others that demonstrate a repetitive pattern of misconduct.  Funny as there is no punishment it appears that this might be why these crimes continue to happen.

And to think that sound minds will have sound heads and in turn ensure that justice will be served needs to actually step into those public courtrooms and see the kangaroo in that Court.

We are in true denial about how our System is one of utter incompetence and utter failure.  I am reading right now an amazing book by Amy Bach, Ordinary Injustice, and to say revelatory would be insufficient.   I will write more comments when I finish the book.

But as I have been reading, Ms. Bach,  affirms my experience and observation but also my supposition that ALL the players in that system are culpable.  This includes the Attorneys for the defense, the Public Defender system, the varying clerks, agents and others who work there and do nothing.   Although I will say that on average the clerks whom I have been fortunate to work with have been amazing and so good to me, as one said this is one sea challenging to navigate.  And some of that is intentional and deliberate to ensure its existence and in turn its resources. The money involved is immense and is a part of the problems in Government.  The Defense Department is a separate entity than the Justice Department but they are inextricably intertwined.  One only needs to look at our military cops to confirm that.

In fact in many panels and advisory roles regarding penalties and sentencing that advise legislators are the very people that have their hands and wallets out that are engaged in the process.   So in other words the defense attorneys, the treatment agencies, the home electronic monitoring companies, the private jail managers are the ones who make the “recommendations” for sentencing. This is supposedly the unbiased committee to ensure parity.  No.Conflict.Of. Interest.There. WHAT.SO.EVER.

And I have no idea how probation boards or committees are selected but I suspect they are one step removed from the above.  Meaning in a simple phrase – not good.

You think what is in Ferguson is not in your town?  It only takes one stop, a traffic stop, a pedestrian inquiry stop and that all will change.

America has become a nation where we criminalize anyone we don’t like or agree with.