James M. Redwine

War

The World’s Greatest Deliberative Body

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James Buchanan was the American president from 1857-1861 and is credited with that description of the United States Senate as a place for respectful, intelligent and impassioned debate. Such luminaries as Henry Clay, Daniel Webster and John Calhoun forged a senate known for its ability to get hard jobs done well. Those three served when the annual pay was $5,000. Today, Senator Rand Paul of Kentucky earns $174,000 per year as one of our one hundred senators.

Henry Clay represented Kentucky also. Clay was called the Great Compromiser due to his ability to get senate consensus on such volatile issues as war, then peace, with Great Britain in 1812-1814 and preservation of the union during ante-bellum days. Anthony Fauci is not a senator but he is our highest paid federal employee, $434,312 per year, as the Director of the National Institute of Allergy and Infectious Diseases and as the chief medical advisor to the President of the United States. On July 20, 2021 Senator Paul and Dr. Fauci sat in the hallowed chamber where Henry Clay used to orate. Their exchange about the Wuhan China laboratory funds received from America was notably different from issues concerning war and slavery. It went something like this, “You are a liar!” and “You are another!” If the famous Ohio River brawler Mike Fink (c. 1770-c. 1823) had been involved, either Paul or Fauci might have been challenged to knock a red feather off the other’s shoulder. Or if two twelve-year-old boys during a school recess had been at odds one might have shoved the other and kicked dirt on him.

For several hundred thousand dollars in salaries and such seeming trivialities as a world pandemic involved, one might expect the World’s Greatest Deliberative Body to be, well, more deliberative. As reported over the cable news networks, Paul and Fauci were each claiming the other was not just incorrect on the arcane science known as gain-of-function research; the direct accusations were that both public servants were deliberately misleading their employers, i.e., you and me, Gentle Readers.

Further, Paul accused Fauci of perjury before Congress and Fauci pointed a bony finger at Paul and yelled that Paul was intentionally confusing the facts. I do not know about you but I have found this Wuhan gain-of-function thing confusing enough on its own. Our leaders need not obfuscate things further. Research into how science can manipulate the genetic code of the coronavirus in order to create new more deadly ones sounds ominous enough. And according to some reports, the mysterious Wuhan Laboratory “Bat Lady”, Shi Zhengle, has already combined the genes of two bat viruses with genes from a SARS related strain to make a new and even more deadly virus. I am thinking we all might want to step back a way. Supposedly the good reason for such research is to prepare us for some future deadly disease. Unfortunately, history teaches us the altruistic motivations do not always win out.

Paul got his medical degree from Duke University and Fauci got his from Cornell University. They should know better than to bandy about with such concepts as world plagues, present or future. I respectfully suggest we may want to use the resources of the World’s Greatest Deliberative Body for good and not expend our precious and limited resources on schoolboy shouting matches while Washington, D.C. burns.

Taking Sides

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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.

Yea! Football Is Back!

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“The crisp autumn air. The dry brown grass. Sweaty pads and the exhilaration of combat without weapons. The kind of battle where one can experience the thrill of having been shot at and missed without even being shot at. Football. Ersatz war. Clashes of pride, power and cunning.”

Echoes Of Our Ancestors: The Secret Game, p. vii

James M. Redwine

Baseball may be America’s Pastime but football is America’s Passion. The only thing more endemic to the American psyche than football is politics and I am sick of politics. If, “politics ain’t bean bag”, it ought to be. Any sporting event from ballet to boxing is healthier for our country than political conventions and cable news. Heck, even a good old-fashioned fist fight often results in life-long friendship versus contemporary political campaigns in which social media is used much as small pox was allegedly used against Native Americans by the British colonial soldiers in 1763.

The difference between sporting contests of all types and modern national politics is glaring. When I think back to those times my erstwhile adversaries became my current friends via a skirmish over some forgotten controversy, I long for those days. My friends and I spent no time accusing one another of being a liar or a murderer or even a traitor to our country. We would just drop our baseball gloves or kick our opponent’s marbles out of the way and start the shoving process. Every now and then we would even throw a punch. I will not name those who bloodied my nose or tore off my T shirts but we buried our hypothetical hatchets immediately after each fray. Our politicians and news anchors could learn something.

Another thing we learn from sports versus politics is that the pain of physical injuries almost always goes away whereas the sickness of false comments can grow fatal to our body politic. There is something liberating from a sweaty fight or a sweaty game. But often permanent harm results from accusations of venality and planted stories of misdeeds.

Anyway, I am glad football and other games are coming back and I hope we will soon be able to engage in them and/or enjoy watching them in good health. I leave it up to each community and every individual to decide whether they feel comfortable participating in or watching in person any sporting event. Peg and I certainly want the right and ability to decide such highly personal matters for ourselves and we will afford the same right to others. However, the lessons from sports are easily learned and, unlike high school Algebra, one will always remember them. In fact, as I think of the fist fights and sporting contests I engaged in it now seems to me I never lost and I have gotten a lot faster, stronger and more talented as the years have transpired.

Legally Thinking

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Mount Rushmore

 

My brother, Philip Redwine, that is Philip spelled with the Biblical one “l”, graduated from the Oklahoma University Law School while I was an undergraduate at Indiana University. When I asked him what he had been taught he told me the entire process boiled down to “learning to think like a lawyer”. When I excitedly quizzed him about that arcane and mysterious subject he replied the whole three years of law school could be summarized by the following story:

“A client asked his attorney for advice as to whether he should file for a divorce. The client told the attorney that each time he tried to climb the stairs to the second floor of the couple’s home his wife would kick him back down. The man said to the attorney, ‘Doesn’t that show she doesn’t love me anymore?’ The attorney reflected on the situation and thoughtfully responded, ‘Either that or she just doesn’t want you upstairs.’”

So, to think like a lawyer means to objectively consider a situation from all sides and apply any relevant analogies to it. After three years of my own legal education at Indiana University, then ten years practicing law and forty years of being a judge, my conclusion is my brother was right and that lawyer-type analysis requires imagination and objective open-mindedness. I respectfully suggest we may want to try this approach to our COVID-19 impacted situation as some of our greatest legally trained presidents might have done. Yes, we must act now but we should do so with wisdom, courage and imagination.

Vision and objectivity have certainly been displayed by several of our greatest non-legally trained presidents. George Washington and Theodore Roosevelt readily come to mind. However, I would like to discuss with you a few of our legally thinking leaders who helped guide us through tough times by having the ability to seize opportunity from crisis by winnowing the wheat from the chaff.

Thomas Jefferson saw the Louisiana Purchase of 1803 and the Lewis and Clark Expedition of 1803-1806 as a means of expanding the United States from the Atlantic to the Pacific and discovering the untold resources of our country. Jefferson did this at a time when most Americans still feared, or too much admired, Great Britain. And he had to maneuver the funding through a skeptical Congress.

The Golden Spike

Abraham Lincoln was faced with the possibility of California seceding from the Union and with slavery remaining as a state option even if the South were defeated. He boldly issued the Emancipation Proclamation in 1863 and that same year signed the bill funding the Intercontinental Railroad. Lincoln did not live to see the golden spike driven at Promontory, Utah on May 10, 1869, but his use of grants of public lands and issuance of bonds helped preserve the Union he so admired.

Franklin Roosevelt saw the need for a great infusion of public funds for the education and re-employment of our out-of-work Americans during the Great Depression. Thanks to his vision America was much better prepared to respond to Japan and Germany in World War II.

John Kennedy started us on the elliptical route to the moon as financed with public monies. The vast number of jobs, products and conveniences the Space Program brought are still being enjoyed by our citizens.

I do not cite these heroes’ legal training as required for a novel approach to the Novel Virus. Millions of Americans can see that borrowing trillions of dollars to help people for a short time merely delays the pain. A cure requires applying our resources with a long view. We can invest in ourselves for the future while helping those in need now.

Germany’s Autobahn

One need not be a lawyer to see an issue such as COVID-19 from all sides and apply similar solutions as were used in similar prior crises. President Eisenhower was a West Point trained soldier who planned the greatest military invasion in history and could envision the benefits from a German Autobahn-type interstate highway system for America. And my friend, Warren Batts, is not an attorney but a rock ’n roll musician who suggests we could build a national high speed railway passenger system utilizing the middle portion of our already existing interstate rights-of-way between the separated lanes of traffic.

What we need, from our lawyers and non-lawyers combined, is the vision to prepare for our new society as it will surely be transformed by the Corona Virus. We will be changed but we can transform not regress. New skills can be taught using public funds as we did with the Lewis and Clarke Expedition, the Transcontinental Railroad, the Civilian Conservation Corps and the Space Program.

I realize these are not new ideas. That is my legally thinking point. You, Gentle Reader, will surely have several similar suggestions of your own, which I encourage you to share.

Transition Not Decline

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Our governmental systems, federal and each state, are designed to avoid rash decisions. We use systems that divide power into three generally equal branches that check one another’s powers and demand debate of important issues. Our fettered freedom created and maintains history’s most propitious culture. It is good to be an American. Of course, our system’s Holy Grail of restraining abuses of power results in diffused responses and partisan debates. That is also good as it helps prevent imprudent, irreversible actions. A concomitant element of our democratic system is that when faced with emergencies we often approach problems as a free people that the theoretical benevolent dictator might resolve quicker and better. COVID-19 comes to mind.

With this unprovoked surprise attack in January 2020 Americans responded as our system of government required. And as human beings one of our first reactions was to seek someone to blame. In a country designed to be a caldron of debate, assessing blame is a perpetual condition. We can call for charity for all but the better angels of our nature often seek partisan cover.

However, we have now had five months to accumulate evidence and analyze the problem. Maybe in hindsight some of our decisions could have been better but hindsight is only worthwhile if it is used to make better decisions now. Another, more cynical way to state this is: Never let a “good” crises go to waste.

I am reminded of what Jack Welch, the head of General Electric Company when it truly brought good things to life, said when one of his employees made a million dollar mistake. When Welch was asked if he intended to fire the employee Welch replied, “Of course not, I just paid a million dollars for his education.”

We have already lost about 100,000 people and are spending trillions of our treasure trying to help families and businesses. Most economic experts agree such an approach is necessary but almost all of them are chagrinned it is. In like manner, most medical experts side with the decisions to require social isolation to avoid spreading the virus, especially in certain at risk populations. But most scientists realize such preventative measures are themselves quite harmful.

Examples of military, economic and social disasters that have been used as opportunities for long-term good are legion. Gentle Reader, you will immediately think of many but I would like to cite just a couple.

President Abraham Lincoln abhorred slavery but was trapped in that most typical political snare, the realization that the ideal of equality was hostage to reality. Therefore, until he could issue the Emancipation Proclamation in January, 1863 under the guise of freeing slaves in the “belligerent states” as a military strategy, Lincoln had to publicly assert what the public would support. As Lincoln had said in a letter to newspaper magnate Horace Greeley only six months earlier:

“If I could save the Union without freeing any slave, I would do it,
and If I could save it by freeing all the slaves I would do it;
and if I could save it by freeing some and leaving others alone I would also do that.”
[August, 1862]

After years of arguing against slavery Lincoln saw the “War Between the States” and the military advantage of freeing only those slaves in states at war with the Union as an opportunity.

Similarly, during the Great Depression, President Franklin Roosevelt and Congress devised the Civilian Conservation Corps that used public funds to employ and train out-of-work young people to create and build public works. The CCC supported families, cared for natural resources and built marvelous public works such as Osage Hills State Park in Oklahoma. Another of the marvelous public works products was Hoover Dam built between 1931-1935. Roosevelt and Congress took a crisis and used it to develop millions of acres for agricultural and recreational purposes.

The reality is America did not avoid COVID-19. If there is anyone to blame, what good does it do to waste our energies and resources pointing our fingers and wringing our hands? Many people are already sacrificing, working, researching and striving to help themselves and others survive. As Patrick Henry exhorted his Colonial colleagues when the British were coming:

“Our brethren are already in the field.
Why stand we here idle?”

Or as that great public works president Theodore Roosevelt said:

“It is not the critic who counts …
The credit belongs to the [one] who is actually in the arena.”

In other words, let us recognize COVID-19 not only as the terror it is but also as an opportunity forced upon us. If we must spend trillions of dollars of our treasure helping our 35 million who are unemployed through no fault of their own maybe we can invest in new Hoover Dams while educating and re-training the unemployed for our new society. For many economists predict at least a third of that 35 million will not be able to return to their old jobs or businesses. Yes, we should help one another but most people prefer an opportunity to a dole. Our world is not going to return to 2019. Perhaps we can prepare for the “Brave New World” fate is casting upon us. America need not become the Rome described by Edward Gibbons in his classic Decline and Fall of the Roman Empire. With the proper and imaginative application of our resources perhaps we can transform, not decline.

Battle Fatigue

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We are at war. The actual combat began in January 2020. A declaration of war was not made by Congress as required by the United States Constitution. But virtually every member of the House of Representatives and the Senate, along with the President, has publicly asserted America is at war with COVID-19. Almost 90,000 of us have paid the ultimate price and almost 1.5 million are causalities. Many more losses are predicted.

While wars of any description are great stressors on people, our enemy in this war is truly virulent. If we were fighting another country we would know where to direct our fear and fire. With the Coronavirus we cannot even identify our enemy without a microscope and it is not wearing a uniform. Further, it often attacks us by attaching itself to casual social contacts, businesses, friends and even our loved ones. COVID-19 is a Mata Hari’s dream. Few are immune from its invidious, silent, unseen and sometimes deadly infection and even those who suffer no ill effects themselves can operate as Typhoid Marys.

Another major stressor people feel from the virus is the uncertainty we experience from the fear there is no end in sight. Most people can muster enough courage to combat major stressors if it is fairly certain they will end, even if that end is far off. However, with COVID our scientists keep cautioning us that we may never find a vaccine. After all, the first polio outbreak in America was in 1894 and we did not have a reliable vaccine until 1953.

In our war against COVID-19 we have already been in live-fire combat for at least two months. An official United States government report on battle fatigue among American soldiers in World War II declared:

“There is no such thing as getting used to combat.
…
“The general consensus was that a man reached his peak of effectiveness in the
first 90 days of combat [and] that after that his efficiency began to fall off …”
“Psychiatric casualties are as inevitable as gunshot and shrapnel wounds …”
“Most men were ineffective after 180 or even 140 days.”
As cited in John Keegan’s The Face of Battle at p. 335

America’s “Combat Exhaustion” over our war with COVID-19 is manifesting itself throughout the United States. A majority of Americans still fear the virus more than they question our multilayed, hodgepodge governmental response to it, whether federal, state, county or local. However, the stress of only 60 days or so of fighting the virus is already exposing fissures in our good will toward one another. Unless we come up with a successful Manhattan Project type response to the virus fairly soon perhaps we should develop some new strategies.