James M. Redwine

Great depression

Our Two Great Tasks

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No Blindfold Lady Justice Virginia City, Nev.

Peg claims I can only concentrate on one thing at a time, and usually it is a televised sporting event. My response is, as a wife and mother she has a biased perspective. Many women appear to easily balance a career, housework, child care and husband care or, at least, that part of husband care that involves spotting innumerable tasks that must be done right now. And COVID-19 has not assuaged the situation. In fact, social isolation has converted our intermittent contact with its mutually welcomed respites into an opportunity for constant oversight and conflict.

At the National Memorial for Peace & Justice

And while the roots of our Original Sin may go back to 1619, its most recent manifestation, the tragic death of George Floyd while in police custody, occurred during the throes of the pandemic. This has forced us to face two volatile and virulent national crises at the same time. Something we are not well equipped to do.

As with most problems we can seek guidance from the wisdom of those upon whose shoulders we stand. When many Americans were totally disheartened by the Great Depression President Franklin Roosevelt told us on March 04, 1933: “Our greatest task is to put people to work … and accomplish greatly needed projects.”

State of Oklahoma Seal

The State of Oklahoma enshrined the state seal with the motto: Labor omnia vincit (work conquers all). When confusion and despair threaten us, our collective wisdom directs us to roll up our sleeves and get to work.

I would like to point out to Peg that I see two major tasks to be done: (1) recover economically from COVID-19; and (2) use the protest demonstrations to positive good. My suggested answer to both is to co-opt FDR’s approach and meld it with the trillions of dollars and work hours our governments at all levels are making available to individuals and businesses.

Every locality has needs that are best identified by the people who actually live in each area. Individuals and families need jobs, businesses need workers and the public needs projects completed, such as educating and training children and adults and construction of public assets: dams; roads; medical facilities; and utilities, etc.. People who have lost their jobs need to be re-trained as welders, nurses, farm hands and technicians.

Instead of providing short-term financial help we can set up mobile employment offices where civil rights demonstrations are already taking place and offer job skills training and immediate employment. It is better to teach fishing than dole out a few fish for a few months. We can invest in ourselves as Wall Street does, for the long haul. Capitalism is a system that works. We can use it to address our economic problem and by creating hope and incentive we can get those who have been left behind on the road to social justice.

So there, Peg. Now leave me alone and let me watch a replay of the Tiger Woods/Payton Manning golf match against Phil Michelson and Tom Brady.

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.

This Land Is Our Land

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Woody Guthrie (Woodrow Wilson Guthrie 1912-1967) came of age in the Dust Bowl during the Great Depression. When one hears Woody sing about the America of those times Guthrie’s personal experiences and perceptions should be considered. In that context, his song’s ironic lyrics that point out America might not have been made for everybody speak to those Americans left out by our Founding Fathers, who were all well-to-do white men.

James Madison (1751-1836) is called the Father of the United States Constitution for good reason. He conceived of and drafted most of the Constitution including its first ten amendments, the Bill of Rights. Madison and the rest of the fifty-five well-to-do white men who attended the Constitutional Convention in Philadelphia, Pennsylvania from May 25 to September 17, 1787 met in secret. The public and the media were excluded and the delegates were sworn to secrecy.

Madison and his fellow Virginian, George Mason (1725-1792), were of like mind in believing average citizens were not equipped to govern themselves and, therefore, a Constitution needed to provide for a government to consist of capable representatives who could provide for the common good. Such groups as women, Negroes and Native Americans were not to have a say in determining their own destiny. Over the years since 1787 we have slowly and gradually addressed some of the Founders’ omissions.

Slavery was abolished almost one hundred years late by the XIIIth Amendment and women were given the right to vote by the XVIIIIth Amendment in 1920. Young men who could be drafted to fight for their country at age eighteen but could not vote until age twenty-one, were fully enfranchised in 1971 by the XXVIth Amendment.

America from the Spanish Conquistadors of the 16th century until this very day has struggled with what were, are and ought to be the ideals of our country’s government. Competing interest groups such as religious sects, LGBTQ citizens, immigrants, political parties, social and cultural associations, news media and countless others exert pressures and vie for recognition and inclusion in our American dream of equality and equal opportunity. In short, America calls itself a melting pot, but it is often more of a bubbling cauldron of competing aspirations.

As we near our mutual birthday on July 04, we may wish to re-examine the base upon which our national dreams were founded and candidly evaluate our progress. Of course, it is only human that in a country of over three hundred million people we will always have disagreements on what directions to go and the best methods for getting there. And we should, also, probably both recognize the genius of our Founders and remember they were simply humans too.

What’s the Big Deal?

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A ninety-five year old guy died of cancer in an Ohio hospital a few days ago. Seems like a rather expected thing. So why all the fuss? I guess you almost have to have gone through those farcical exercises of hiding under your school desk to understand.

Did we really believe such actions would save us from atomic bombs? Maybe so, but it is hard to relate now to those Cold War fears and lack of hope.

After we lost a quarter of a million military personnel in World War II and fifty-eight thousand more in Korea America was about warred out. But the Soviet Union and “Red” China still loomed over us.

When Yuri Gagarin orbited Earth in 1957 we did not have a space program that could get off the ground. Then in April of 1961 our C.I.A. stumbled its way into the disastrous Cuban Bay of Pigs Invasion. This was followed by the closest the world has come to blowing ourselves up during the 1962 Cuban Missile Crisis.

America was tired, back on our heels and scared. We were in the crosshairs of enemies on several sides and at a crossroads of ennui. What we needed was what the Greeks needed during the Trojan War. We needed an Achilles to inspire us, a hero whose confidence, ability and bravery could take our minds off of our fear and fire us with a will to win. Enter John Glenn.

This Midwestern, small town, normal sized unassuming product of the Great Depression, World War II, Korea and the Cold War climbed aboard an exploding cannon and rode it around the Earth less than one year after Gagarin thrilled the world and sent us under our desks.

To those of us who lived through the Cold War John Glenn represented the ability to fight back. So when Senator Glenn appeared with Presidential candidate Bobby Kennedy at the Indiana University Auditorium on April 24, 1968, we students who packed the place to boo Kennedy for running against Gene McCarthy turned into hero worshipers when John Glenn appeared.

That’s what a true hero brings out, gratitude and respect. If John Glenn thought Bobby was okay, then he was okay with us. Some might say we were fickle; I say we were converts.

A national hero is an extremely rare person. Adrian Peterson is a great football player and Madonna is a great entertainer, but to call them heroes is to miscomprehend the term. As commentator Charles Krauthammer said, we may have had only two true national heroes in the last one hundred years, Charles Lindbergh and John Glenn. That’s why the old guy’s passing is such a big deal.