Editorials
Thousands of Boulder Social Security seniors are discriminated by rich
Feb 27th
http://youtu.be/vs1XwRkka_E
The rich in Boulder secretly despise the poor. They hate the old. They hate the disabled. They don’t want them to survive nor eat. The old and the poor just don’t fit into Boulder. When you see the Walmart protesters they are always white privileged educated and rich.
Walmart serves a need in Boulder. It sells groceries at 1/3 of Whole foods prices. Walmart serves the poor.
Climate Protection: The New Insurgency
Dec 31st
Faced with the failure of conventional lobbying, the climate protection movement is now turning to mass civil disobedience—but we can take it further still.
By Jeremy Brecher, December 10, 2013.
This article is a joint publication of Foreign Policy In Focus and TruthOut. For a longer presentation, see the Foreign Policy In Focus report, “A Nonviolent Insurgency for Climate Protection?“
When 30 climate protestors from 18 countries protested drilling at an Arctic oil platform operated by Gazprom, they represented the people of the world taking a symbolic stand against climate destruction, the corporate climate destroyers, and the governments that back them. But the action of the Arctic 30 may be prophetic of something more: The emergence of a global insurgency that challenges the very legitimacy of those who are destroying our planet.
The 2013 Fifth Report of the Intergovernmental Panel on Climate Change confirmed that humans are destroying the earth’s climate. But it also revealed something even more alarming: Twenty-five years of human effort to protect the climate have failed even to slow the forces that are destroying it. On the contrary, the rate of increase in carbon emissions from burning fossil fuels tripled between the release of the first IPCC report in 1988 and today.
Scientists and climate protection advocates once expected that rational leaders and institutions would respond appropriately to the common threat of climate change. As Bill McKibben said of Jim Hansen and himself, “I think he thought, as did I, if we get this set of facts out in front of everybody, they’re so powerful — overwhelming — that people will do what needs to be done.”
It didn’t work. Those who are fighting to save the climate need a new strategy. One such strategy to consider is a global nonviolent law-enforcing insurgency.
A nonviolent insurgency
Insurgencies are social movements, but movements of a special type: They reject current rulers’ claims to legitimate authority. Insurgencies often develop from movements that initially make no direct challenge to established authority but eventually conclude that one is necessary to realize their objectives. To effectively protect the earth’s climate and our species’ future, the climate protection movement may have to become such an insurgency.
The term “insurgency” is generally associated with an armed rebellion against an established government. Its aim may be to overthrow the existing government, but it may also aim to change it or simply to protect people against it. Whatever its means and ends, the hallmark of such an insurgency is to deny the legitimacy of established state authority and to assert the legitimacy of its own actions.
A nonviolent insurgency pursues similar objectives by different means. Like an armed insurgency, it does not accept the limits on its action imposed by the powers-that-be. But unlike an armed insurgency, it eschews violence and instead expresses power by mobilizing people for various forms of nonviolent mass action.
After closely following the massive strikes, general strikes, street battles, peasant revolts, and military mutinies of the Russian Revolution of 1905 that forced the czar to grant a constitution, Mohandas (not yet dubbed “Mahatma”) Gandhi concluded, “Even the most powerful cannot rule without the cooperation of the ruled.” Shortly thereafter he launched his first civil disobedience campaign, proclaiming “We too can resort to the Russian remedy against tyranny.”
The powers responsible for climate change could not rule for a day without the acquiescence of those whose lives and future they are destroying. They are only able to continue their destructive course because others enable or acquiesce in it. It is the ordinary activity of people — going to work, paying taxes, buying products, obeying government officials, staying off private property — that continually re-creates the power of the powerful. A nonviolent climate insurgency can be powerful if it withdraws that cooperation from the powers-that-be.
Why a law-enforcing insurgency?
Faced with the failure of conventional lobbying and political “pressure group” activity, much of the climate protection movement is now turning to mass civil disobedience, as witnessed by the campaigns against the Keystone XL pipeline, mountaintop removal coal mining, coal-fired power plants, and Arctic oil drilling. Such civil disobedience, while generally recognizing the legitimacy of the law, refuses to obey it in specific instances.
Civil disobedience represents moral protest, but it does not in itself challenge the legal validity of the government or other institutions against which it is directed. Rather, it claims that the obligation to oppose their immoral actions — whether discriminating against a class of people or conducting an immoral war or destroying the climate — is more binding on individuals than the normal duty to obey the law.
A law-enforcing insurgency goes a step further. It declares a set of laws and policies themselves illegal and sets out to establish law through nonviolent self-help. Such insurgents view those who they are disobeying as merely persons claiming to represent legitimate authority — but who are themselves violating the law under what’s known as “color of law,” or the false pretense of authority. So “civil disobedience” is actually obedience to law and a form of law enforcement.
Social movements that engage in civil disobedience often draw strength from the claim that their actions are not only moral, but that they represent an effort to enforce fundamental legal and constitutional principles flouted by the authorities they are disobeying. And they strengthen a movement’s appeal to the public by presenting its action not as wanton law breaking but as an effort to rectify governments and institutions that are themselves in violation of the law.
For the civil rights movement, the constitution’s guarantee of equal rights meant that sit-inners and freedom riders were not criminals but rather upholders of constitutional law. For the struggle against apartheid, racism was a violation of internationally guaranteed human rights. For war resisters from Vietnam to Iraq, the national and international laws forbidding war crimes defined civil disobedience not as interference with legal, democratic governments but rather as a legal obligation of citizens. For the activists of Solidarity, the nonviolent revolution that overthrew Communism in Poland was not criminal sedition but an effort to implement the international human and labor rights law ratified by their own government.
These examples seem paradoxical. On the one hand, the movement participants appear to be resisting the constituted law and the officials charged with implementing it. On the other, they are claiming to act on the basis of law — in fact to be implementing the law themselves against the opposition of lawless states.
Law professor and historian James Gray Pope has developed a concept of “constitutional insurgency” to understand such cases. A constitutional insurgency, or what might be called a “law-enforcing insurgency,” is a social movement that rejects current constitutional doctrine but that “rather than repudiating the Constitution altogether, draws on it for inspiration and justification.” Pope detailed how the American labor movement long insisted that the right to strike was protected by the 13th amendment to the constitution, which forbade any form of “involuntary servitude.” Injunctions to limit strikes were therefore unconstitutional. Although courts disregarded this claim, the radical Industrial Workers of the World told its members to “disobey and treat with contempt all judicial injunctions,” and the “normally staid” American Federation of Labor maintained that a worker confronted with an unconstitutional injunction had an imperative duty to “refuse obedience and to take whatever consequences may ensue.”
Why climate destruction is illegal
The Justinian Code, issued by the Roman Emperor in 535 A.D., defined the concept of res communes (common things): “By the law of nature these things are common to mankind — the air, running water, the sea and consequently the shores of the sea.” The right of fishing in the sea from the shore “belongs to all men.”
Based on the Justinian Code’s protection of res communes, governments around the world have long served as trustees for rights held in common by the people. In U.S. law this role is defined by the public trust doctrine, under which the government serves as public trustee on behalf of present and future generations. Even if the state holds title, the public is the “beneficial owner.” As trustee, the state has a “fiduciary duty” to the owner — a legal duty to act solely in the owners’ interest with “the highest duty of care.” The principle is recognized today in both common law and civil law systems in countries ranging from South Africa to the Philippines and from the United States to India.
On Mother’s Day, 2011, the youth organization Kids vs. Global Warming organized the “iMatter March” of young people in 160 communities in 45 countries, including the United States, Russia, Brazil, New Zealand, and Great Britain. Concurrently, the Atmospheric Trust Litigation Project brought suits and petitions on behalf of young people in all 50 U.S. states to require the federal and state governments to fulfill their obligation to protect the atmosphere as a common property. Speaking to one of the rallies, 16-year-old Alec Loorz, founder of Kids v. Global Warming and lead plaintiff in the Federal lawsuit, said:
Today, I and other fellow young people are suing the government, for handing over our future to unjust fossil fuel industries, and ignoring the right of our children to inherit the planet that has sustained all of civilization. The government has a legal responsibility to protect the future for our children. So we are demanding that they recognize the atmosphere as a commons that needs to be preserved, and commit to a plan to reduce emissions to a safe level.
Loorz concluded: “The plaintiffs and petitioners on all the cases are young people. We are standing up for our future.”
A trustee has “an active duty of vigilance to ‘prevent decay or waste’ to the asset,” according to University of Oregon law professor Mary Christina Wood, whose new book Nature’s Trust: Environmental Law for a New Age lays out the legal basis for the suits. “Waste” means “permanently damage.” If the asset is wasted in the interest of one generation of beneficiaries over future generations, it is in effect an act of “generational theft.”
Although so far the courts have turned down most of these atmospheric public trust suits, the decisions are being appealed. On October 3, 2013, the Supreme Court of Alaska became the first state supreme court to hear such an appeal.
A global climate insurgency
Compelling as the logic of the atmospheric public trust argument may be, it is easy to imagine that many U.S. courts will refuse to force governments to meet such obligations. In a brief to dismiss the Kansas suit, lawyers called the claim “a child’s wish for a better world,” which is not something a court can do much about.
The sad fact is that virtually all the governments on earth — and their legal systems — are deeply corrupted by the very forces that gain from destroying the global commons. They exercise illegitimate power without regard to their obligations to those they claim to represent, let alone to the common rights beneficiaries of other lands and future generations to whom they also owe “the highest duty of care.”
But protecting the atmosphere is not just a matter for governments. Indeed, it is the failure of governments to protect the public trust that is currently prompting the climate-protection movement to turn to mass civil disobedience. Looked at from the perspective of the public trust doctrine, these actions are far from lawless. Indeed, they embody the effort of people around the world to assert their right and responsibility to protect the public trust. They represent people stepping in to provide law enforcement where corrupt and illegitimate governments have failed to meet their responsibility to do so.
When the climate protection movement uses nonviolent direct action to protect the public trust, it is often confronted by government officials acting under color of law to perpetuate climate destruction. The Arctic 30 were held at gunpoint, for example, and charged with piracy. Russian Prime Minister Dmitry Medvedev said, “Concern for the environment must not cover up unlawful actions.” A law-enforcing climate insurgency will answer: Concern for oil company profits must not cover up unlawful government complicity in destroying the atmospheric public trust.
Jeremy Brecher is co-founder and core team member of the Labor Network for Sustainability. He is the author of more than a dozen books on labor and social movements and has received five regional Emmy awards for his documentary film work. An updated edition of his labor history Strike! (PM Press 2014) will include a new chapter on the working class mini-revolts of the 21st century.
OPED: Koch brothers poisonous tentacles
Oct 9th
From the Huffington Post
by Eric Zuesse
Investigative Historian
Posted by Ron Baird
Boulder Channel 1 News editor
On October 7th, I reported in a two-part story, how the Koch brothers and their friends started in 2002 a plan to get control of the Republican Party so as to become enabled ultimately to shut down the Federal Government and maybe even drive it into default, so as to cause the American public to despise “government,” but actually to despise democracy itself; i.e., to despise this country’s democratic government, specifically.
Today, I report on the crucial role that the tobacco industry played in helping the Kochs to finance this operation, all of which was done with a profound contempt for the public, and with a deep pride for these aristocrats to rule the U.S. instead of the despised public controlling public policy through an honest and transparent Congress and Presidency.
Whereas that previous news report focused upon the Kochs’ expansion of their orbit of control to include the Heritage Foundation, from 2002 onwards, which is an operation that has not previously been covered, today’s report concerns instead the three major foundations that the Kochs themselves started and operated during this period: Americans For Prosperity, FreedomWorks, and Citizens for a Sound Economy.
The scholars, Amanda Fallin, Rachel Grana, and Stanton A. Glantz, published on 8 February 2013 in the online edition of the journal Tobacco Control, their blockbuster study,“‘To quarterback behind the scenes, third-party efforts’: the tobacco industry and the Tea Party,” and they laid out there the history of the key alliance between the tobacco companies and the Koch brothers.
This enormous study, through thousands of pages of archives, was funded by the National Cancer Institute; and it reported that, “Rather than being a purely grassroots movement that spontaneously developed in 2009, the Tea Party has developed over time, in part through decades of work by the tobacco industry and other corporate interests. … Simultaneously, they funded and worked through third-party groups, such as Citizens for a Sound Economy, the predecessor of AFP [Americans For Prosperity] and FreedomWorks,” all of which were/are Koch operations.
These researchers reported that, “In 2002, … CSE started its US Tea Party (http://www.usteaparty.com) project, the website of which stated ‘our US Tea Party is a national event, hosted continuously online and open to all Americans who feel our taxes are too high and the tax code is too complicated.'” (Amazingly, that damning webpage can still be accessed, via the web’s archive authority.)
Already, “Between 1991 and 2002 the tobacco companies, mainly Philip Morris, provided CSE with at least US$5.3 million,” and Philip Morris’s V.P. for Government Affairs justified these expenditures in a memo by saying: “They are adding this level of value. They have provided significant grassroots assistance, in the nature of several thousand calls to the Hill,” and are “very active on our behalf in the field in key states with key Members” of Congress. So: when the “spontaneous” “Tea Party” organization rose up in February 2009, to protest Obamacare, it was actually neither spontaneous, nor at all new.
America’s greatest living investigative journalist is perhaps Pam Martens, who provided a good summary of that study, and she supplemented it with an investigation of her own. In her 20 May 2013 article at her muckraking site “Wall Street on Parade,” she headlined “The Criminal Case Against the Tea Party Cabal,” and she reported also an additional Philip Morris memo (not mentioned by those three researchers), which described the role of CSE as follows: “We are funding a major (400K) grassroots initiative in the districts of House Energy & Commerce members to educate and mobilize consumers, through town hall meetings, radio and print ads, direct mail, patch-through calls to the Capitol switchboard, editorial board visits, polling data, meetings with Members and staff, and the release of studies and other educational pieces.”
They had already done this during 1994, with the Clinton Administration’s proposed healthcare reform, and they claimed there that it was “to show the Clinton plan as a government-run health care system replete with higher taxes and government spending, massive job losses, less choice, rationing of care and extensive bureaucracies. CSE is taking aim at the heart of the plan – employer mandates, new entitlements, price controls, mandatory health alliances, heavy load of new taxes and global budgets – and, with the program well underway, [it] is by all accounts getting rave reviews in the respective districts.”
Another wing of this operation to gut democratic government has been operated by Grover Norquist, who, on 25 May 2001, said on NPR’s “Morning Edition”: “I don’t want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub.” He was referring only to taxes, not really to spending (which many naïves interpreted him to mean).
Virtually every Republican congressional candidate thus signed Norquist’s “No New Taxes Pledge,” in order for them to be able to qualify for Norquist’s massive campaign-funding commitments from mega-corporate America. Norquist had been set up by Ronald Reagan to run Americans for Tax Reform, in order to do this, but the idea wasn’t actually new with Reagan. The far-right economist Milton Friedman had first introduced this idea, in 1978; candidate Ronald Reagan then adopted and defended it in 1980. Here’s how Reagan himself put it, during a Presidential debate, on 21 September 1980: “John tells us that, first, we’ve got to reduce spending before we can reduce taxes. Well, if you’ve got a kid that’s extravagant, you can lecture him all you want to about his extravagance. Or you can cut his allowance and achieve the same end much quicker.”
The idea of the plan is basically to strangle democracy. This is done by privatizing everything, so that the aristocracy, who already own most of the private wealth in this country, will be able to farm the public – farm the serfs with debt, as the public used to be known during the feudal era. Now, however, the aristocracy are no longer based upon their passing on to their heirs vast landed estates with serfs, but passing on to them vast international corporations with employees and consumers; so, instead of acres, they pass on shares of stock. So, instead of feudalism, it’s fascism. It is the modernized form of feudalism; it is conservative dictatorship for the world of today.
Their plan is working, brilliantly. They call it “libertarian,” but the liberty is to be only for aristocrats. For everyone else, it’s serfdom, if not outright slavery. Conservatives love hierarchy; it is morality, in their vision of things.
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