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America

Taking Sides

January 13, 2021 by Jim Leave a Comment

There was a time when the largest class of immigrants to the United States came from Great Britain. A large number of those erstwhile Englishmen and their descendants fought two wars with their one-time homeland. In spite of the British going so far as to burn down part of Washington D.C. during one of those wars, we still cleave to Great Britain as our closest ally. Neither we nor the British held grudges.

Then about one hundred years after the War of 1812 against our British cousins we joined with them in WWI against Germany. At the end of WWI, even though there were a great many citizens of the United States who traced their lineage to Germany, we signed on to the mean-spirited Treaty of Versailles in an effort to punish the Germans. Of course, as with many such badly intentioned actions, we also ended up punishing ourselves; WWII resulted. But thanks to such charitable American actions as the Marshall Plan, we made great allies out of modern Germany, Italy and some other WWII adversaries at the end of that conflict.

While Reconstruction and the aftermath of the American Civil War could have been handled much better, it also could have been much worse. Thanks to such attitudes as expressed by President Lincoln and others in both the Union and Confederacy, malice was held down and charity was exhibited. Even with hundreds of thousands of deaths and carnage throughout our country we managed to pull together and build what would become a living monument to ideals that had once been only dreams. America needs much more work to become that more perfect union but nowhere else have humans got so near the brass ring and a generous volksgeist has made that possible.

The spirit of openness, generosity and optimism that pervaded much of America after WWII might be helpful today. While such vital interests as equal rights and due process still require much work by all of us, a cooperative attitude and an impulse to be helpful might assuage our current social and political disagreements. What is less likely to be productive is the placement of unnecessary distance between United States citizens and their governments at all levels: federal; state; county; local and areas generally under government regulation such as transportation.

After 9/11 some governments and industries reacted out of fear and concern. Whereas citizens had normally seen their governments as there to serve them, with the restrictions of 9/11, governments appeared to fear those whom they were instituted to serve and who paid their wages. We began to develop a culture where many in and outside of government and the industries regulated by government felt we lived in an “us versus them” environment.

This might have caused just ennui and nostalgia had COVID-19 not arrived. But with the absolute necessity of all-out governmental and societal warfare against COVID-19, the distances between citizens and their governments have become almost complete. We must have some governmental services and we cannot expect people to perform those tasks if we do not provide for their protection. And we are still months away from a return to normality. But we may want to guard against a possible permanent condition of a bifurcated country with the citizens on one side and their governments generally inaccessible on the other.

With that in mind our current imbroglio involving our national government might be placed among these other lessons from our past. What is not called for is more distance between citizens and their elected and appointed representatives. Perhaps instead of a mean-spirited partisanship a mutual sense of charity tempered with common sense might be more in our country’s long-term best interest.

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Filed Under: America, COVID-19, Democracy, Gavel Gamut, Presidential Campaign, War Tagged With: 9/11, American Civil War, Common Sense, Confederacy, country's long-term best interest, COVID-19, due process, equal rights, Germany, immigrants, James M. Redwine, Jim Redwine, Marshall Plan, mean-spirited partisanship, more perfect union, President Lincoln, Reconstruction, sense of charity, Treaty of Versailles, War of 1812, WWI, WWII

A Season of Hope

December 18, 2020 by Jim Leave a Comment

It is beginning to look a lot like Christmas. Last night about 7:00 p.m. Peg excitedly called for me to join her outside as the dark gray sky gave way to a sliver of moon accompanied by Jupiter and Saturn nearing a point of conjunction, the same phenomenon that occurred about 2,000 years ago. It feels good to anticipate the completion of the astronomical wonder that will occur on December 21, the winter solstice. Perhaps we can consider the return of the “Christmas Star” as a harbinger of a better year to come as this painful year of 2020 begins to recede.

That is the traditional interpretation of the Christmas Story, overcoming current adversity and hoping for a brighter future. But many people are not just looking to the stars and dreaming about deliverance. There has been a world-wide effort to achieve effective treatments and prevention of COVID-19. The marvel of the creation of several efficacious vaccines in less than one year is unprecedented. It is a true Christmas type story brought about by the hard work of countless scientists, governmental leaders, workers and volunteers in several countries. When one thinks that the first reported case of polio was before the beginning of the 20th century and that it took over half of that century to develop a polio vaccine, we can appreciate what has been accomplished with the Corona Virus in less than one year.

And it is not just those people who have been directly affected by COVID-19 and those who have been directly involved in the battle to defeat it that have exhibited strength of character during 2020. Life has gone on. People have continued to do their jobs and care for others in the face of fear and restrictions. It is truly heroic that as we have endured over 300,000 deaths from COVID-19, groceries get delivered, utilities remain on, governmental services continue, trash gets picked up, etc., etc., etc. The Christmas spirit triumphs. Thank you to all who have refused to succumb to despair and who have put self-sacrifice over fear to provide for others.

Other signs of the season and the spirit of goodwill among people are the celebrations that have occurred all over America. Some of these celebrations are connected to various religious faiths. In the United States Amendment I to our Constitution protects such practices. But we also have many secular celebrations emphasizing hope, peace, reconciliation and our shared cultural histories. While I have enjoyed many such events in numerous places over the years, I was particularly struck by the Christmas Parade in Pawhuska, Osage County, Oklahoma this past week. Its theme evoked all that is good about community pride and gave evidence of confidence that 2021 will erase the angst of 2020.

The Christmas parade of December 5, 2020 was sponsored by the Pawhuska Chamber of Commerce and was led by its Executive Director Joni Nash on horseback. The parade celebrated the rich history of the Osage Nation as well as the service of military veterans. The live-streamed event featured Osage Princess Fiona Armede Red Eagle and four Osage Chiefs as Parade Marshals: James Roan Gray, Scott Bighorse, John D. Red Eagle and Geoffrey Standing Bear. As each Chief was introduced various accomplishments of the Chief and the Osage Tribe were entertainingly and informatively described by volunteer announcers Debbie and Ron Reed. It was an impressive and extensive list of achievements. And it felt right to have those accomplishments included as proof that the Chiefs’ visions for the tribe and the whole Osage County community were firmly embedded in a rich history with plans for a bright future. I did note that Debbie appeared to be attempting to distance herself from Ron’s Clark Griswold type tie.

Regardless, if you would like to view the parade, type the following address in your Internet browser:

https://www.facebook.com/pawhuskachamber/videos/410220680426431/

Such celebrations of the American spirit whenever and wherever they take place are welcome and interesting. But particularly this year, while the planets align as we are exiting the dark side of 2020, it helps to look back at good times in the past and to plan confidently for better times in the future.

 

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Filed Under: America, Christmas, COVID-19, Gavel Gamut, Osage County Tagged With: a season of hope, American spirit, Christmas, Christmas Star, Christmas Story, COVID-19, Debbie and Ron Reed, Geoffrey Standing Bear, James M. Redwine, James Roan Gray, Jim Redwine, John D. Red Eagle, Joni Nash, Jupiter and Saturn, Osage tribe, Pawhuska Chamber of Commerce Christmas Parade, Princess Fiona Armede Red Eagle, Scott Bighorse, vaccines, Winter Solstice

Passion Put To Use

November 20, 2020 by Jim Leave a Comment

Gentle Reader, if you read last week’s Gavel Gamut you will recall we were considering Alexis de Tocqueville’s observations of America as a country based on law. De Tocqueville’s parents, Hervé and Louise de Tocqueville, had barely escaped the guillotine during the French Revolution (1789-1799). De Tocqueville was born in 1805 so he and his family had an intimate personal understanding of the dangers of a nation ruled by individual people, not laws. De Tocqueville studied law and served as a magistrate. He knew the value of French philosopher Montesquieu’s theory of a government formed with a separation of balanced and competing powers (legislative, executive and judicial). And he agreed with the morality of English philosopher John Locke’s (1632-1704) theories that governments should serve their people whom nature had endowed with the rights to life, liberty and property.

When people call for revolution they might wish to re-visit Locke, Montesquieu and de Tocqueville or one could refer to those more contemporary English philosophers, The Beatles. As John Lennon sang while backed by the cabal of Paul McCartney, George Harrison and Ringo Starr in “Revolution”:

♫ You say you want a revolution

    Well, you know

    We all want to change the world.

    ….

    But when you talk about destruction

    Don’t you know you can count me out.

    ….

    You say you got a real solution

    Well, you know

    We’d all love to see the plan. ♫

Unfortunately, Mark David Chapman did not get the message. But Lennon’s untimely loss is an example of how ideology and ignorance can get weaponized as opposed to de Tocqueville’s prescient observation about how the United States holds its “revolutions” every four years via the ballot box. Americans may get quite passionate about their politics, but as Elizabeth Barrett Browning (1806-1861) might philosophize, “It (should be) a passion put to use”, not destruction.  (How Do I Love Thee).

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Filed Under: America, Democracy, Gavel Gamut, Law Tagged With: Alexis de Tocqueville, Beatles, Elizabeth Barrett Browning, Gavel Gamut, Gentle Reader, James M. Redwine, Jim Redwine, Locke, Mark David Chapman, Montesquieu, nation ruled by individual people, nation ruled by laws, Revolution

A Legal Revolution

November 13, 2020 by Jim Leave a Comment


Alexis de Tocqueville (1805-1859) was a Frenchman who studied American society during a nine-month tour in 1831 when the United States were still simmering with vitriolic political animus from the 1824 and 1828 elections between John Quincy Adams and Andrew Jackson. Adams was elected by the House of Representatives in 1824 and Jackson won via the Electoral College in 1828. After neither election did the United States fall into chaos, even though Jackson won both the popular vote and a plurality, but not a majority, of the Electoral College vote yet Adams grabbed the presidency in 1824.

Four men ran for president in 1824, John Quincy Adams, Andrew Jackson, Henry Clay and William Crawford. Because the Electoral College vote was split in such a way that none of the four received a majority, as required to be elected President, under the Twelfth Amendment to the U.S. Constitution a “contingent” election was held in the House of Representatives. Each state’s delegation was given one vote and Adams was elected. Jackson and his supporters alleged that Adams and Clay had entered into a “Corrupt Bargain” to shift Clay’s votes to Adams. Regardless, Adams was elected by the House and the country moved on until 1828 when Jackson ran against Adams again.

In his treatise on American democracy de Tocqueville defined America’s presidential election as “a revolution at law” and described it as follows:

“Every four years, long before the appointed (presidential election) day arrives, the election becomes the greatest, and one might say the only, affair occupying men’s minds…. As the election draws near intrigues grow more active and agitation is more lively and widespread. The citizens divide up into several camps.… The whole nation gets into a feverish state.”

De Tocqueville’s ultimate verdict on America’s democracy was encapsulated in his general verdict on how political controversies were ultimately resolved. His observation was that:

“In America there is hardly a political question which does not sooner or later turn into a judicial one.”

De Tocqueville’s opinion was that the American manner of resolving political issues without bloodshed worked because, unlike European monarchies, the United States citizens respected the law and they did so because they had the right to both create it and change it. Since we get to choose our legislators who write our election laws and because we can change the laws by changing whom we elect if we are unhappy, we accept the laws as written including who is ultimately declared the winner of a current election.

The laws we have the right to create and the right to change include filing for an elected office, running for that office, who counts the votes, how they are counted, as well as how and when someone can legally contest an election. That legal procedure applies to all facets of an election cycle. Each state’s legislature has the authority to establish its own procedures in this regard as long as they do not violate federal law.

As an Indiana Circuit Court Judge I was involved in a recount of a congressional race, a county clerk general election, a county council general election, a town council election and a county council primary election. The Indiana legislature had enacted and published a clear statutory procedure for each type of election contest, including what role each public official should play in any recount. The statutes demanded total openness and media access to ensure the public could have confidence that if all involved followed the law a clear winner would be fairly determined. There were time limits, controls and transparency. After a recount result was certified in each contest life moved on and the eventual losers and their supporters accepted the results because they had had their “day in court”; that is, democratically enacted law was followed not the arbitrary or partisan activity of individuals.

De Tocqueville compared America’s hotly contested democratic elections to a surging river that strains at its banks with raging waters then calms down and carries on peacefully once the results have been properly certified. From my own experience with several elections and after the recounts of some of them, I agree with de Tocqueville’s analogy.

That is not to say I am for or against any type of recount for any office. I absolutely have no position on whether any candidate for any office should concede or contest anything. My position is simply that as long as the law is properly followed our democracy can handle either circumstance.

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Filed Under: America, Circuit Court, Democracy, Elections, Gavel Gamut, Indiana, Judicial, Law, Presidential Campaign Tagged With: Alexis de Tocqueville, Andrew Jackson, Corrupt Bargain, day in court, election recount, electoral college, Henry Clay, House of Representatives, Indiana Circuit Court Judge, James M. Redwine, Jim Redwine, John Quincy Adams, legal revolution, political controversies, presidential election, respect the law, United States, vitriolic political animus, William Crawford

Football vs. Politics

November 6, 2020 by Jim Leave a Comment

Democracy is messy but usually bloodless. Football is sweaty and sometimes painful. Football teams choose representative colors such as black and orange or cream and crimson. American politics are red versus blue. Football teams are led by coaches and financed by taxpayers or fat cats. Political parties are led by politicians and financed by drips and drabs via the internet or fat cats. Football teams have a few stars supported by several Sherpas. I was happy to be one of the Sherpas on the Pawhuska, Oklahoma high school Huskies football team a while ago and enjoyed every minute of it, except for wind sprints of course. I am still enjoying supporting the Huskies team which is undefeated and on their way to what I hope will be Pawhuska’s first state championship in football.

Political parties have a few stars supported by, usually, faceless minions. Football teams have one mission, to win, whoever the opponent is. Political parties believe their mission is to provide better government than competing political parties would provide. I will leave it up to you, Gentle Reader, if you believe any political party manages to achieve this goal.

Both football teams and political parties are governed by rules of procedure and conduct. With football teams a conference sets the standards and with political parties governments from the local level on up to the top have a hand in determining policy and ultimate victory. Football games are controlled by officials on the field who can enforce the rules. Their rulings are immediate and not subject to appeal but some can be reviewed. Albeit the final ruling, in effect, is made by the same people who made the initial one. Political races are governed by laws and can be subject to recount, review, repeal and reversal. Football fans sometimes must just grimace and bear a referee’s egregious error, such as giving one team an extra down as in the 1990 Colorado v. Missouri game. Of course, the problem with any attempted remedy in football is it would be impossible to completely and fairly recreate the original game circumstance. On the other hand there is the benefit that, other than endless conversations over beer, the calls at football games are final. But political races such as Bush v. Gore in 2000 may end up in the U.S. Supreme Court and may never be universally accepted as final.

As for me, I am currently marveling how my alma mater, Indiana University, can be undefeated in football after many years of wandering in the football wilderness. This column was written before Michigan v. I.U. upcoming on November 7, 2020, so I am hopeful it remains valid when you read this. And I am chagrined that Oklahoma State University where I started college could have lost to Texas last Saturday. I want a recount! I know I personally saw several blown calls that might have changed the score of the Cowboy game.

Regardless, what I have decided after suffering through the entire 2020 political season and cheering (or moaning) my way along the football season is that the temporary pains that I experienced playing football pale in the excruciation caused by the clanging brass of competing political parties and noxious news anchors. I am thankful for football and am past caring about the motes in the eyes of those who do not see eye to eye with me on politics.

 

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Filed Under: America, Democracy, Elections, Football, Gavel Gamut, Indiana University, Oklahoma, Oklahoma State University, Pawhuska, Presidential Campaign Tagged With: 2020 political season, black and orange, Bush v. Gore, cream and crimson, democracy, football, football season, Gentle Reader, high school Huskies football team, Indiana University, James M. Redwine, Jim Redwine, noxious news anchors, Oklahoma, Oklahoma State University, Pawhuska, politics, red versus blue, Sherpas, U.S. Supreme Court

Somehow It’s Working

October 24, 2020 by Jim Leave a Comment

Less than one year ago 19 denoted the previous century and the end to one’s teenage years. If 19 had ever caused me any emotional response at all it was probably nostalgia for the bucolia of high school or, perhaps, of trepidation for adulthood. Otherwise 19 was benign. I do not know why the Corona Virus is called COVID-19. Hey, I changed my major from physics to humanities my freshman year of college after I got my first semester grades. I have long since left science to the upper half accums. Therefore, I, and I suspect most folks, just repeat the current pandemic’s appellation as given to us by those with thick glasses and white lab coats.

But this column is not a lament for a lost opportunity to spend my life watching some Algernon race some Charlie in a maze match. It is an acknowledgement that in spite of ’Ole 19 the world is still turning thanks to a lot of dedicated people. The list is almost endless and so I will not attempt to exhaust it. But every day I am amazed by the appearance of water from the tap, electricity through the lines, groceries on the shelves, education via the Internet and imaginative educators, medical care, police and fire protection, one-click banking, governmental services, road maintenance, trash pick-up, fuel supply, house construction, property repair and, of course, online shopping and delivery. You might have noticed that I have not mentioned cable news.

If I was brought to reality by my experience with college physics, I am absolutely blown away by the way our society has persevered in the face of ’Ole 19. Much as people regrouped after the Crash of 1929 or WWII and Korea or polio, AIDS, Vietnam, Oklahoma City, 9/11, the Gulf War and Iraq we have carried on. As our first cousins the British might say, “We are muddling through”, and it is said with justifiable pride.

Peg and I talk every day about how impressed we are that our lives can continue on due to the courage and sacrifice of so many complete strangers. We know we will eventually all win because so many of you refuse to give up. Thank you!

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Filed Under: America, COVID-19, Gavel Gamut Tagged With: 'Ole 19, 19, 9/11, AIDS. Vietnam, banking, bucolia of high school, carry on, Corona Virus, courage and sacrifice of so many complete strangers, COVID-19, Crash of 1929, education, electricity, fuel supply, government services, groceries, Gulf War, house construction, Internet, Iraq, James M. Redwine, Jim Redwine, Korea, medical care, muddle through, Oklahoma City, online shopping and delivery, police and fire protection, polio, previous century, property repair, road maintenance, teenage years, trash pick-up, water, WWII

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© 2020 James M. Redwine

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