Category Archives: Leadership

The CEO Story, from Profitability Crisis to Polycrisis

Michael Roberts’ historical chart of the G20 rate of profit.

I’ve written a little about the the invention of the CEO — the title, the office, and the social position described by that term. This chart from Michael Roberts’ blog showing the declining rate of profit can help reframe that discussion.

In this view, the term “CEO” first comes into use in the midst of the profitability crisis, in the late 60s and 70s, after the postwar Golden Age. The CEO’s heyday runs through the neoliberal recovery. The Fall of the Celebrity CEO (to borrow a term from Edelman) coincides with the start of the Long Depression.

Unfortunately, Roberts’ chart doesn’t run up to the present, which would show the rate of profitability continuing its decline in the face of multiple, entangled, global crises all at once, a polycrisis:

A global polycrisis occurs when crises in multiple global systems become causally entangled in ways that significantly degrade humanity’s prospects. These interacting crises produce harms greater than the sum of those the crises would produce in isolation, were their host systems not so deeply interconnected.

Having helped steer society to this precarious juncture, has the institution of the CEO now run its course? And what would it take to reinvent it, so that the business enterprise can help address the overlapping crises we face, improve humanity’s prospects, and play a constructive role in a new social contract? 

Secretary of Agriculture Tom Vilsack Should Promptly Review the Trump Administration’s Decisions around Mining in Superior National Forest

The 12th supplemental production of Boundary Waters documents in response to my FOIA lawsuit is now up on documentcloud. This Twitter thread calls out some highlights:

What’s most remarkable is just how consistent this release is with previous releases. The story remains the same: the Trump administration’s decisions around mining in Superior National Forest, on the edge of the Boundary Waters, were heavily influenced by a lobbying blitz, interference with regulatory review, and a coordinated, high-pressure campaign to cancel a planned scientific study.

This latest release offers some new details and color around the decision to reinstate Antofagasta’s mineral leases, as attorneys at Interior work on the official reinstatement letter and the news release that will become part of the public record. Most of the editorial decisions they take are heavily redacted; but the decision to opt for an “if-asked” statement over an official press release is exactly the strategy taken with the initial reversal or M-Opinion in December of 2017. Under the subject heading “Twin Metals Acquired vs. Public Domain Lands,” there is more discussion about the map drawn by mining engineer Timothy Howell, and how to reconcile its boundaries with Antofagasta’s Preference Right Lease Applications. And those PRLAs are also the subject of yet another meeting at Interior in March of 2018 with a gang of attorneys from WilmerHale and Twin Metals. Their objective is to press Interior on Antofagasta’s Preference Right Lease Applications and fix the scope and schedule for environmental review, prescribing the “regulatory scheme” officials at Interior should follow. As I noted in my Twitter thread, Chris Knopf and I called out a strikingly similar effort in regard to these PRLAs at another March 2018 meeting.

The story these records (and all the records I’ve received) tell inevitably arrives at then-Secretary of Agriculture Sonny Perdue’s decision to cancel the mineral withdrawal study in Superior National Forest. I’ve written about this critical decision before (here, here, and most recently, here). It was the product of a coordinated pressure campaign by WilmerHale lobbyists, top executives at Antofagasta, the White House, Republican legislators, and the Congressional Western Caucus.

From this release, we learn a little more about that decision.  In the Spring of 2018, for example, attorneys at Interior still assumed that Perdue would allow the mineral withdrawal study to proceed. In fact, in April of 2018, Secretary Ryan Zinke was prepared to reassure Representative Betty McCollum that the scientific study would help satisfy NEPA and protect Minnesota taxpayers from environmental and economic disaster. Perdue’s decision would break that promise in order to satisfy President Trump.

So these records from the Department of Interior appear to shed light on corruption at the USDA. It’s clear that newly confirmed USDA Secretary Vilsack should promptly review Perdue’s decision, publish an unredacted version of scientific findings to date, and open an ethics investigation into cancellation of the proposed mineral withdrawal. It’s time to repair the damage Perdue did, return the agency to science, and restore the integrity of USDA.

More Meaningful Consultations: A Comment on the Biden-Harris Plan for Tribal Nations

The incoming administration promises to reinstate the tribal consultation mandate. More can be done to meet the standard set by the RESPECT Act and make consultations more meaningful.

Federal agencies are required to consult with Native American tribes (and with Alaska Native Corporations) on infrastructure projects — highways, dams, or railways, for instance — and on permits for mines, pipelines, and other industrial development projects when they affect tribal lands and interests. Consultation policies and practices vary from agency to agency, but in all cases these consultations are supposed to be “meaningful.” What makes them so needs to be carefully spelled out.

“To promote robust and meaningful consultation,” the Biden-Harris Plan for Tribal Nations promises to reinstate the Consultation mandate put in place by the Obama administration and “ensure that tribal consultations adopt best practices consistent with principles reflected in the RESPECT Act.” The Act in question is H.R. 2689, which languished in the House after being introduced by Representative Raul M. Grijalva of Arizona in the 115th Congress. The Act sought to establish, among other things, this Sense of Congress:

effective, meaningful consultation requires a two-way exchange of information, a willingness to listen, an attempt to understand and genuinely consider each other’s opinions, beliefs, and desired outcomes, and a seeking of agreement on how to proceed concerning the issues at hand; and consultation can be considered effective and meaningful when each party demonstrates a genuine commitment to learn, acknowledge, and respect the positions, perspectives, and concerns of the other parties.

The Act sets the bar for everyone involved. It describes meaningful consultation as deliberation among equals, a good faith undertaking to seek (but not necessarily reach) agreement together. It places more emphasis on recognizing different perspectives and positions than on reconciling them. It highlights a genuine and joint commitment to listen and develop understanding of each party and of the issues. Meaningful consultation will go well beyond mere transaction — or information exchange — to encompass learning and collaboration. Rooted in mutual respect, consultation can be both a dignifying encounter and an adventure.

The standard the RESPECT Act sets for meaningful consultation is worth reaching for right now, even if it remains to be seen whether Representative Grijalva will reintroduce the bill and whether the 117th Congress will make it law. Here are a few areas where work might begin.

  • Information ethics should develop with information systems.

A 2019 Government Accountability Office study of 21 Federal agencies discovered an information gap: agencies simply do not have accurate contact information for the appropriate tribal representatives. To remedy the situation, the GAO recommends that the Federal Permitting Improvement Steering Council develop a plan for establishing a central federal information system. While centralization might serve the FPISC goal of administrative efficiency, it can also raise significant issues around security and trust. Sharing control of data and data governance with tribes might help alleviate such concerns.

Information systems are already evolving to accommodate new collaboration technologies (like channel-based messaging and videoconferencing) to support consultation. Best practices still need to be identified and shared; and, just as importantly, inequities need to be addressed. As noted in the Biden-Harris plan, rural areas and reservations are disproportionately underserved by high-speed internet. It will take significant investment in broadband and 5G before new applications can be brought into the mix.

Where information technology can help consultation in other ways — with topological, geological, and archaeological reviews — other ethical considerations arise. Centering the discussion on shared data and published scientific information can help temper conversation and prevent powerful outside groups from exercising undue influence, but the model also has its limits. When scientific understanding appears to be incommensurate with tribal knowledge of the land, waters, and regional history, respectful consultation will strive to give both due consideration.

  • Dialogue will determine the value of information.

The text of the RESPECT Act itself could be amended to reflect its own sense of what makes consultation meaningful. The Act aims to “ensure that meaningful Tribal input is an integral part of the Federal decision-making process.” In this caption and throughout the Bill, the effect of the word “input” is to cast tribes as information sources, not full-fledged participants. Gathering or recording tribal input is only the first step at building dialogue, where information acquires meaning.

The colorless, technocratic term “input” appears to have found its way into the legislative lexicon via the Unfunded Mandates Reform Act of 1995 (Section 204), which calls upon agencies to “permit elected officers of State, local, and tribal governments…to provide meaningful and timely input.” Five years later, Executive Order 13175, still the touchstone for tribal consultation policies, moves beyond granting tribes permission to mandating “an accountable process to ensure meaningful and timely input.” This order does not, however, contemplate ways federal agencies might be accountable to their tribal counterparts, as they would be in a cooperative undertaking.

No surprise, then, that sixty-two percent of tribes surveyed by the GAO “identified concerns that agencies often do not adequately consider the tribal input they collect during consultation when making decisions about proposed infrastructure projects.” This finding appears to indicate that agencies cannot consider all by themselves the input they collect. Due consideration will take building “meaningful dialogue” — as a 2009 Presidential Memorandum on Tribal Consultation puts it — through “regular and meaningful consultation and collaboration.” It is best undertaken jointly.

  • Consultation still falls short of consent.

The 2007 UN Declaration of the Rights of Indigenous Peoples establishes that states “shall consult and cooperate with the indigenous peoples” to this clearly-stated end: “in order to obtain” Free, Prior, and Informed Consent. A 2010 State Department Announcement of US support for the Declaration fails to take into account the subordinating conjunction “in order to” and the purpose it unambiguously indicates, allowing only that the US understands the Declaration “to call for a process of meaningful consultation with tribal leaders, but not necessarily the agreement of those leaders.” Instead of securing informed consent, as required by UNDRIP, the consultation process becomes a way of reserving discretion.

From the tribes’ perspective, as summarized in a 2017 study, consultation is merely box-checking unless undertaken with the aim of obtaining free, prior, and informed consent or at least reaching compromise. The Biden-Harris plan takes a step in this direction, promising to “uphold leasing and right-of-way regulations that strengthen tribal sovereignty and ensure tribal consent on tribal lands.” The plan makes no mention of the UN Declaration, however, and it remains to be seen how far this deference will extend.

Consent places front and center issues of self-determination, of autonomy and, in the context of government-to-government relations, sovereignty. One test of respect for self-determination comes when tribal leaders withhold consent or say “no,” as the obligation to obtain consent clearly implies the right to withhold it. Efforts to overlook or sidestep that obligation altogether are bound to diminish confidence that consultations will be appropriately heeded and outcomes will be just.

This serious shortcoming — which cries out for remedy — need not be a fatal flaw. “No” might signal a standoff or it might offer an opportunity to articulate and explore alternative plans. Good faith, constructive disagreement can test unexamined assumptions, illuminate unseen risk, and bring new interlocutors to the table. Agreeing to disagree need not mark the end of negotiation; it can indicate that parties will acknowledge differences, respect the distance they establish, and rejoin the dialogue.

Though consultations do not satisfy the human rights obligation to secure free, prior, and informed consent and do not necessarily yield agreements, they can help agencies take tribal interests into account and help tribes gain better understanding of (and some say in) decisions that affect them.

On a practical level, starting consultations early and returning to them throughout the life of a project can prevent conflict and costly delay further down the road. Just as importantly, consultation can help agencies gain much-needed perspective on emerging risks and complex problems, from economic and energy policies to food security and environmental protection.  And taking steps to improve tribal consultations might also raise the bar for other public consultations, making government a little more responsive to all citizens.

Ultimately, however, consultation will be meaningful only to the extent that all parties so find it.

Update: On January 26, President Biden issued an Executive Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships, reinstating the consultation mandate. The Memorandum directs agency heads to consult with tribes before developing a detailed plan of actions the agency will take in this regard and to keep the OMB apprised of progress made against the plan.

CEOs Are Not The Policy Leaders We Need Right Now

No distancing at Trump’s declaration of national emergency. CEOs are too close for public comfort.

Mike Lindell, better known as the My Pillow Guy, probably cut the most absurd and alarming figure among the CEOs standing with Donald Trump at his March 31st coronavirus press conference. A TV huckster and a religious zealot, Lindell declared from the White House podium that Trump had been elected by God’s grace, and he promised that his “uniquely positioned” and “empowered” pillow company would soon be producing about 50,000 cotton face masks per day. Though Lindell may have come off as a kook, it is hard not to appreciate the alacrity of his business pivot, and there’s no doubt we’ll need more face masks on the market, especially now that the CDC is coming around to the sensible view that masks should be essential wear.

Lindell’s outlandish behavior also draws attention to a disturbing pattern: the administration is trying to outsource the federal pandemic response to the private sector. This was the clear message when Trump declared a national emergency on March 13th, standing shoulder to shoulder with CEOs, not with medical or scientific experts or economists or seasoned administrators who know how to marshal government resources in emergencies. On Slate, Seth Maxon put it bluntly: “Trump Seems to Think a Bunch of CEOs Will Save America From the Coronavirus”; but maybe even that wasn’t blunt enough: Trump and the Trump administration have repeatedly made it clear that the federal government will not and should not lead the public health response; they are so callously laissez faire that they are abdicating the responsibilities of government, or handing the reins of government over to the private sector, while the states scramble for the resources they need.

The pattern has been in place for decades, of course. Now, we are reaping the whirlwind that anti-government ideologues and kleptocratic predators have sown since the 1970s. In some areas, the current administration has simply vacated government offices and diminished the administrative capacity of agencies; in others, they have allowed the private sector to direct and usurp the ordinary functions of federal government; and on nearly every public policy front, they defer to and entrust the public welfare — our common wealth, our public health, and our collective future — to CEOs.

This has been the case from the earliest days of this administration: in February of 2017, for example, Trump signed an executive order that allowed for broad regulatory rollbacks and, in a symbolic and premonitory gesture, handed the presidential pen to Dow Chemical CEO Andrew Liveris. Just one month later, then-EPA administrator Scott Pruitt handed Liveris another gift, when he announced the EPA would not ban the pesticide chlorpyrifos despite clear scientific evidence of its toxicity. Murray Energy’s Robert Murray had even greater influence, presenting the administration with a wish list — “an action plan” — that included pulling the United States out of the Paris Climate Accord and revoking the Clean Power Plan.

After Trump announced his intention to withdraw from Paris, Apple’s Tim Cook, known to the president as Tim Apple, said he could not step down in protest from Jared Kushner’s Office of American Innovation because he’d never joined it in the first place; but in February of 2019, he joined Ivanka Trump’s American Workforce Policy Advisory Board, along with Marillyn Hewson of Lockheed, Ginni Rometty of IBM, Walmart’s Doug McMillon, and Home Depot’s Craig Menear, among others. The board was formed to make sure “all Americans can participate in the opportunities created by the booming economy,” according to the president’s daughter; it’s unclear what they are doing — or if they are doing any policy work at all — now that the boom has gone bust.

It’s doubtful this board was ever meant to do any serious policy work, or that it could even if it tried. That’s not a knock on the participating CEOs. They may have joined with the best of intentions. There are CEOs today who sincerely want to do more to address social inequities and environmental degradation and are committed to the idea of stakeholder as opposed to shareholder capitalism. These are still aspirations, however, not business requirements, and they will remain aspirations without a major rethink and reorganization of the business enterprise. Meanwhile, CEOs have other, competing priorities, as well as a fiduciary duty to uphold. To the extent they must focus on short-term financial results, CEOs simply do not and cannot act primarily in the broad, long-term public interest — even if sometimes business and the public interest happen to coincide, as they might, at the moment, for Mike Lindell.

The C-Suite is not a public office and the CEO is not the model of public leadership we need.

The notion that success in the private sector makes someone suited for public office has been a source of endless mischief since at least the 1980s. People wrongly consider the president America’s CEO and the presidency a job; CEOs think they can be president; CEOs are celebrated as public benefactors and forward-thinking leaders, but it’s often hard to tell whether they are genuinely public spirited or just command an effective public relations campaign. All that makes a travesty of public service and public office and runs contrary to the public interest.

We should understand how we got to this failed state. That’s largely a story of the CEO’s rise to prominence with the financialization of the economy and of political reaction against broad public welfare schemes. The trend is toward privatizing the republic and hoarding the American future. We are confronted with “a philosophical position,” as historian Heather C. Richardson writes, “embraced by those who would overturn the active government that has presided over the United States since the New Deal.” In response to this attempted overthrow, we have to build a robust alternative, or at least do the work necessary to give future generations a head start on it.

Palmater on the Right to Say ‘No’

The very first post I wrote for The Asking Project set out always take no for an answer as a cardinal rule of asking, and I’ve revisited that rule a couple of times since, drawing connections with Margaret Gilbert’s ideas of joint commitment, looking at the way saying no turns the ethical spotlight back on the person doing the asking and — most important of all — sets conditions for new respectful relationship.

There’s a strong connection between this (ethical) rule of asking and (legal) considerations of consent. This is complex territory, so an illustration might be useful. Consider, for starters, this piece Pam Palmater wrote back in October on the indigenous “right to say ‘no’,” as enshrined in the doctrine of free, prior and informed consent.

A little background. After a Canadian court ruled against the Trans Mountain pipeline expansion, the Trudeau government announced that instead of appealing the decision, it would undertake a consultation process with First Nations. Palmater accused the government of conducting a charade, of “using” or abusing this process “to force the expansion of this pipeline.”

Regardless of whether the new consultations are led by a former Supreme Court justice or Trudeau himself, Canada has already decided that the pipeline will be built, before ever talking to any of the impacted First Nations, including those that have asserted Aboriginal title. This renders our constitutionally protected Aboriginal rights meaningless. What legal value is the federal government’s constitutional obligation to consult, accommodate and obtain the consent of First Nations before taking actions that would impact our rights and title, if “consent” is interpreted as the right to say yes but excludes the right to say no? It makes no logical sense to interpret the law in such a way, especially to a constitutionally protected right.

Imagine if consent was interpreted this way in both the ordinary and legal understanding of the word “consent.” When a school sends home a permission form seeking a parent’s consent to allow their child to take a field trip, if the parent does not give consent, the school cannot allow the child to participate. Similarly, if a patient refuses to give consent to an operation to have their hip replaced, then the doctor cannot perform the operation. The absence of consent means no — in other words, a veto that has real legal power and meaning. Imagine if consent was interpreted in this illogical and diminished manner for sexual relations as it is for Aboriginal rights. Imagine if sexual consent in law meant that a man could consult with a woman on whether she wanted sexual relations, and was even willing to accommodate (“where appropriate”) her wishes about how to have sexual relations, but she had no right to say no — no veto over whether or not sexual relations occurred? That is called sexual assault and it is a crime.

The greatest injustices that have ever been committed against First Nations in Canada have resulted from denying the sovereign right of our Nations to say no. The right to have a real veto over infecting our blankets with smallpox; from scalping our people; from stealing our children and raping, murdering and torturing them in residential schools; sterilizing our women and girls; from the forced adoptions of our children into white families during the Sixties Scoop; to the murders and disappearances of our women and girls; to forced human trafficking and now the destruction of our lands and waters for profit.

The right to say no is an inherent part of the legal concept of consent. To interpret this concept otherwise is racist, discriminatory and self-serving, not unlike the doctrines of discovery and terra nullius. Surely, even the Supreme Court would not interpret their own decisions in such an impoverished manner. To do so would render Section 35 [of the Constitution Act, protecting First Nations rights] an empty shell of a constitutional promise.

The Burgundy Ribbon Rule

BurgundyRibbonsCalPERS

Another rule, and for the time being, at least, I am happy* with the wording here: an abuse of asking almost always presents an abuse of power.

Take the case of burgundy affair at the public pension fund CalPERS, as documented by Yves Smith over at Naked Capitalism.

This past fall, documents obtained by Smith show, CalPERS CEO Marcie Frost “asked the CalPERS senior leadership team to wear burgundy to show their support for her” as she faced questions about representations she had made regarding her educational background before and after she was hired. Burgundy ribbons were set out in break rooms with messages urging the “Team” to wear one in a show of support. “No pressure and no problem if you do not want to do this,” the message reads, “it is completely voluntary.” Completely.

“This is obviously inappropriate,” writes Smith,

since a request made by a CEO is effectively an order. CalPERS executives and employees are civil servants, not Frost’s personal retainers. As an expert on managerial and political conduct reacted:

I don’t even know what category to put this in. A scandal-plagued boss orchestrating support by inventing gang colors and pressuring employees to wear them? What happens to the employees who don’t perform this ritual of fealty? Should they be polishing their resumés and practicing their swimming skills?

These incidents smack of underlying panic. Frost is working overtime to shore up her position as CEO in the face of fully deserved questions regarding her long history of misrepresentations about her background, which include committing perjury in Washington on a gubernatorial questionnaire. Not only is Frost pushing her subordinates far too hard to back her up, since they can only do so much for her and coercing them will diminish their good will, she is also showing a lack of a sense of professional boundaries….

Frost’s burgundy campaign may well have crossed the line into creating a hostile work environment. One senior staff member who came to the office and saw the “dress burgundy” request too late to comply issued a written apology. Similarly, when “asked” to wear burgundy to an offsite, one [employee] who wears only black and white felt compelled to buy a burgundy outfit to comply…

…word clearly got around quickly, including the notion that non-compliance was risky.

I am still fussing over the word “presents,” and I’ve considered “masks” and variations in that direction, as well as “declares,” “represents” or “signals.” That one abuse (presenting an order as a request) almost always carries the other with it — almost always, because I don’t want to get caught up right now in handling exceptions — is the essential thing.

You can read my other posts about asking here.

*Postscript: On reflection, I might prefer this much more straightforward and concrete formulation: when someone presents an order as a request, look for an abuse of power. That way, we don’t have to worry too much about motives, or figure out whether the person doing the asking is trying to get away with something. It falls to the person being asked to watch for abuse, and conduct herself accordingly. (Being asked for something, or to do something, turns the ethical spotlight on you, or at least requires you to share it with the person doing the asking. This is your moment.) In a case like the present one, and in most superior-subordinate relationships, calling out abuse may be impractical. Subordinates will bury grievances, reluctantly comply, or pretend not to have been aware of the request. The subordinate’s dilemma in this case registers a failure of governance; a failure of governance at the highest reaches makes itself manifest at even the lowest levels and in the most trivial matters (the wearing of a ribbon). More immediately, presenting orders as requests hijacks power, creates distrust (after all, we can’t help but wonder about motives), and makes people prone to dissemble. All this thwarts collaboration, or the power to do things (to act) together.

The Last Ask — A Look Back At Obama’s Parting Request, One Year Ago Today

It came as no surprise that an outgoing president would make the obligatory noises about “the peaceful transfer of power from one freely elected president to the next,” as President Obama did in his final speech, delivered in Chicago one year ago today. It was a theme used to quell fears and stifle protest, to give Trump “a chance to govern,” as both President Obama and Vice President Biden put it after the election, and it was offered as the reason former presidents and other politicians would overcome their appreciable dismay at the election’s outcome and attend the inauguration ceremony on the 20th.

Remember? You could not turn on a television, open a newspaper, or click on a mainstream news site in mid-January of 2017 without being told that on inauguration day we were going to witness power’s peaceful transfer. Very few people making these presentations went much further, at least publicly, to distinguish succession from transition, or talk in a serious way about power, how it is peacefully transferred, or to raise the questions of legitimacy and political authority that attend the transfer of power.

Those questions were, however, hanging in the air, like the dark clouds that would gather over the Mall on inauguration day, and over the past year, with the Mueller investigation and the current president’s daily demonstrations of unfitness for office, they have only grown more urgent and important. Considerations of power that were once the preserve of political theorists are now millions of people’s daily, top-of-mind concerns — as they should have been all along.

Obama’s Chicago speech did little to dispel the doubts and fears people had, and still have, about his successor; and it did not directly address the big question on nearly everyone’s mind that day, and every day since the 2016 election: what is to be done? After the abortive and misguided recount effort in November, the shameful but predictable acquiescence of the electoral college in December, and the first signs of trouble on the Russian front, the hope in early January was that the president would say or do something (what?) to change the course events had taken, or he would make some kind — any kind! — of intervention or call to action.

But this is precisely what Obama did not do. He talked about the forces threatening American democracy (income inequality, racial division, political polarization) which had brought us to this ugly juncture. He celebrated “the power of ordinary Americans” to bring about change, “to get involved, get engaged, and come together to demand it,” and the “power” (the word echoes throughout the speech) “our participation, and the choices we make” give to the Constitution. All this talk about the power of the people might have amounted to a kind of preemptive bid, made before the upcoming official ceremony transferred executive power to the loser of the popular vote. But the president never made that bid explicit, and turned deliberately away from asking people to take action.

In fact, when Obama presented the peaceful transfer of power as a “hallmark of our democracy,” and the remark elicited boos and shouts of “No!” — cries of resistance, threats of upheaval — he quieted them (“no, no, no, no, no”). By the fifth refusal, the crowd had backed down. What else could he have done? What would have happened had he assented, publicly, to that No!? Or if he had simply stepped back from the podium and let the tide of emotion roll over the crowd?

Over the past year I have often thought about how much hung in the balance at that moment, and how with a gentle reprimand the president took the crowd right back into the flow of his speech. He stumbled just a little after all those impromptu “nos,” but recovered balance by using his index finger to guide him through the phrase on the prompter: “the peaceful transfer of power.” Regaining his composure, he kept the crowd in check – and they applauded him. (We cannot imagine his successor doing the same, or even trying; it is much easier to imagine him inciting a riot.) He said he was stepping down to rejoin us as a citizen, but he had not yet let go of the reins. By the end of the speech, when the president issued his final charge or made what he called his “final ask,” the audience was roaring:

My fellow Americans, it has been the honor of my life to serve you. I won’t stop. In fact, I will be right there with you, as a citizen, for all my remaining days.
But for now whether you are young or whether you are young at heart, I do have one final ask of you as your president — the same thing I asked when you took a chance on me eight years ago.
I am asking you to believe. Not in my ability to bring about change — but in yours.
I am asking you to hold fast to that faith written into our founding documents; that idea whispered by slaves and abolitionists; that spirit sung by immigrants and homesteaders and those who marched for justice; that creed reaffirmed by those who planted flags from foreign battlefields to the surface of the moon; a creed at the core of every American whose story is not yet written:
Yes, we can.

The delivery was a little flatter than it had been in previous years. But who could not have been impressed, at the very least, by the rhetorical consistency the president had managed to achieve over the course of two terms in office? History rarely allows anyone — let alone a president — this measure of consistency, and the election in November of 2016 had marked nothing less than a violent historical rupture. This final ask didn’t acknowledge the cataclysm. It returned, instead, to familiar themes, central to Obama’s own biography, and situated the eight years of Obama’s presidency on the arc, or what he called “the long sweep,” of history that bends toward justice. This last ask was also a tell — one last public demonstration of President Obama’s leadership style. It took the form of a soft directive.

One year on, however, it’s difficult to say where this parting request, and the end of Obama’s presidency, left us. Was this last ask anything more than a feel-good exhortation? The president asked us not to do something, but simply to believe in our ability to do something. That might have been as far as he could go, there on that public platform, with emotions still raw from the election; and of course there’s a decent argument to be made that taking ourselves seriously as historical actors, people with the “ability” to bring about change, might be essential to disposing us to do anything at all.

At the same time, “Yes, we can” does not necessarily mean we will, or we ought, or even that we are doing what we can. There is a good distance to travel from believing in oneself as a person capable of doing to the doing itself. Setting intentions, planning projects, coordinating with others, anticipating consequences — all that still only takes us to the edge of action, as the Community Organizer in Chief must know. The great risk of political action comes when we apply power, when we move from can to will. Asking people to believe they can act, but not asking them to do anything in particular, might keep them temporarily from incurring that risk and rushing into the breach, but it also makes action seem like a distant possibility, not an urgent necessity.

We should hardly have expected the president to call for resistance, even if he shared the sense that something — but what, exactly? — had to be done. What he promised instead was redemption. The two could not be less different. If redemption assures us that We Shall Overcome, Someday, resistance plants its feet firmly in the present and declares, We Shall Not Be Moved. Resistance is mounted out of necessity. Strikes, sit downs, shutdowns, blockades, riots, raids — these actions were not always or primarily animated by some great faith in just outcomes, though that faith may have arisen in the course of the fight or helped sustain the fighters. People have made many gains by refusing and resisting power’s encroachments, by saying No, You Cannot long before they were able to believe in Yes, We Can. In many cases, things just become so intolerable, the long train of abuses and usurpations, as the Declaration has it, become so unbearable, that ordinary people feel they must stand their ground and resist.

We are living in that kind of moment. The current political crisis demands more than faith. We have to get to work. We should do so with the understanding that resistance, as the very word suggests, will help us push back against the forces intent on destroying the American democratic order, but it is not the extent or end of our power. It is, rather, the limit of theirs. This distinction matters, even though we are still in the thick of the fray. It invites us to think about near- and long-term commitments, and the nature of our power.

Our power is not at all like the power of command that was transferred — I won’t say peacefully, given all the damage that has already been done  — from one office holder to the other last January. It’s another kind of power. It’s the power we confer upon each other, not through official ceremonies but through the rituals of everyday life; it’s power we hold together, not just as individual rights holders with claims and grievances, but in the first person plural, as a “we.”

We realize and renew our power when we gather or assemble publicly. We may not have the power to issue directives or orders, but as the president reminded us, we can make demands – of those who hold political power (by voting, marching, practicing civil disobedience, and so on) and, just as importantly, of each other. We can deliberate what to do, coordinate efforts, and hold each other mutually accountable. There’s power in all of that – some power, maybe not enough all by itself to get us to the other side of this crisis, but some; and we have not done nearly enough to develop it, test its limits or discover its possibilities. (Instead, we have built and continue to prop up organizations and institutions that require its surrender.) Ultimately, it’s the power we need to govern ourselves responsibly and vigilantly, after we have put an end to current abuses and usurpations.

What should we do? This wasn’t the question for the outgoing president to put to us, but one for us to put to ourselves, and in this form: in the first person plural, and with that modal verb should (or ought) to highlight obligations and responsibilities, or right action. There’s not one answer to this question, or an end to its deliberation; nor will there be one solution to the crisis, such as the Mueller investigation, a medical diagnosis, the emoluments clause, the 25th Amendment. None of those things alone will do it, because “it” goes (way) beyond removing an abusive and corrupt authoritarian and his cronies from power. “ It” is up to us, because ultimately it comes down to reclaiming and realizing self-governance.

Every refusal, however small, to yield to authoritarian attention-stealing, rule-breaking and administrative sabotage will help safeguard our authority to govern ourselves, just as every act of decency and respect, no matter how small, will count as a victory against the moral coarsening we have undergone over the past year. Obama himself made this last point a couple of weeks ago in an end-of-year, schmaltzy Twitter thread of “stories that remind us what’s best about America” and demonstrate that “each of us can make a difference, and all of us ought to try.” Yes, we ought.

Acts and Sets of Acts

This passage in Derek Parfit’s Reasons and Persons (1984) deserves calling out, not least because it sets the stage for the arguments against climate change despair I reviewed in a previous post.

In small communities, it is a plausible claim that we cannot have harmed others if there is no one with an obvious complaint, or ground for resenting what we have done.

Until this century, most of mankind lived in small communities. What each did could affect only a few others. But conditions have now changed. Each of us can now, in countless ways, affect countless other people. We can have real though small effects on thousands or millions of people. When these effects are widely dispersed, they may be either trivial, or imperceptible. It now makes a great difference whether we continue to believe that we cannot have greatly harmed or benefited others unless there are people with obvious grounds for resentment or gratitude. While we continue to believe this, even if we care about effects on others, we may fail to solve many serious Prisoner’s Dilemmas. For the sake of small benefits to ourselves, or our families, each of us may deny others much greater total benefits, or impose on others much greater total harms. We may think this permissible because the effects on the others will either be trivial or imperceptible. If this is what we think, what we do will often be much worse for all of us.

If we cared sufficiently about effects on others, and changed our moral view, we would solve such problems. It is not enough to ask, ‘Will my act harm other people?’ Even if the answer is No, my act may still be wrong, because of its effects. The effects that it will have when it is considered on its own may not be its only relevant effects. I should ask, ‘Will my act be one of a set of acts that will together harm other people?’ The answer may be Yes. And the harm to others may be great. If this is so, I may be acting very wrongly…. We must accept this view if our concern for others is to yield solutions to most of the many Prisoner’s Dilemmas that we face: most of the many cases where, if each of us rather than none of us does what will be better for himself — or for his family, or those he loves — this will be worse, and often much worse, for everyone.

Knotted Wrack

It was nearly high tide when I paddled out yesterday morning to the channel that lies just east of the cove. Harbor seals sometimes gather and sun on the big rocks that jut out of the water there. Golden brown beds of Knotted Wrack, or Ascophyllum nodosum, undulate and shimmy just beneath the surface. I glided straight into them, intending to skirt and circle the rocks, as I had done before, but instead — froomp! scrape! — my kayak ran aground on a big chunk of speckled granite just beneath the water’s surface (and partly hidden by the Knotted Wrack anchored to it). I was stuck, sitting atop a rock in the middle of the water, a good distance from shore. It felt a little absurd, or like something out of a cautionary tale.

After trying and failing to push off the rock with my paddle, I gained a better appreciation of my precarious situation. Apply too much force, and the kayak would tip; a roll would probably subject me to a beating against the rock. The wrong move and I would end up in the water, most likely cut and bruised, struggling to right the boat. The seaweed would make the rocks slippery.

No need to exaggerate the peril I was in: I was wearing a life vest, and though the water is cold here in Maine, it’s not so cold that if for some reason I failed to recover the boat I could not swim to shore, which I reckoned would take about twenty minutes. Losing my glasses (which, this time out, I had not fastened to my head with a cord) was among my concerns. I understood that I might have to struggle for a short while in the water. I didn’t want to struggle blind.

Keeping calm was essential, and it was also the most instructive part of the experience. Having formed a mental picture of my situation, I had to keep it clearly in view but I could not let it rattle me. The granite and the Knotted Wrack could be my undoing, or I could do something. Acting was less a matter of mastering than of working through my fear: not retreating into panic, but taking stock of risks and understanding what steps I could take to get my kayak unstuck.

When I ran aground, I had been running with the current, east and slightly north, into the channel. With a slow, deliberate reverse paddle, I managed to turn the boat on the rock, pivoting counter-clockwise, so that the bow now pointed west and faced the oncoming current. It was gentle, but enough to help create a little play between the kayak and the rock. Grasping the paddle as a tightrope walker holds his pole to balance, I thrust forward with my hips, as I sometimes do to inch my way into the water when I am launching the boat from shore. I was then able to paddle safely away.

I’ve written before about standing on quicksand. This Knotted Wrack adventure seems to pose another kind of dilemma: the problem wasn’t that I was sinking. I had run aground on an unexpected chunk of terra firma, and I had to struggle alone to get unstuck, right myself and push off. But as I’ve reflected on my experience, it has led to some of the same considerations as the quicksand problem. Take this relatively simple dilemma of getting the boat off the rock and scale it up: imagine a two-person canoe, or a ship with many hands on deck, or another perilous situation involving two, three, or even hundreds, thousands, billions of people. Then you start dealing with questions of cooperation and power.

The last people in the world who should be responding to a situation like this are those who cannot acknowledge its reality or remain calm in the face of it; and it occurs to me that those may amount to the same thing. Denial might be nothing more than a reactive token of fear, and widespread denial — like climate-change denial — might be a reactionary kind of moral panic, even though deniers are quick to call others alarmist.

Levinson on primitive economies of information

Ndap y Ke Rossel

Rossel Island shell currency.

An excerpt from Stephen C. Levinson, “Interrogative Intimations: On A Possible Social Economics of Interrogatives” in Questions. Formal, Functional and Interactional Perspectives. ed. Jan P. de Ruiter. Cambridge: 2012.

Levinson sketches a model of conversation in which interlocutors measure both the semantic and the social value of information. In this scheme, the semantic measure would be apportioned in units called Carnaps (after philosopher Rudolf Carnap), the social in Goffman units (after sociologist Erving Goffman). The Goffman measure involves ongoing estimations of position relative to others, social costs (which might explain the reluctance, say, to ask a question), authority, expertise, and so on. It underwrites a “micropolitics” of conversation.

Levinson offers an analogy with the shell money system of Rossel Island, in Papua, New Guinea.

An economic model of social information transfer is not going to look like a modern market economy. It might perhaps have some passing resemblance to the “primitive” economics of pre-industrial societies, with multiple measures for specific goods (bushels and grosses, cords and cubits), and multiple barter and exchange systems. Take the so-called shell money system of Rossel Island…, which consists of twenty-odd denominations of shells, with no exact equivalences of value and a delimited arena in which they can be used — it offers only the faintest semblance of a market economy (the shells are usable, e.g., for bride price, the purchase of pigs, houses and canoes, but not for food or manual labour). Shells are stores not only of economic but of social value, and top shells have names, like the Koh-i-noor diamond. Gaining possession of an individually named shell is like being temporary owner of a Picasso: it is an individual, not a mass of multiple undifferentiated tokens, and it reflects glory on its owner. Large injustices and delicts can be atoned for by the assuaging properties of such shells, even if only on loan for a fortnight. Shells go in one direction in exchange for goods, services and immaterial benefits (like forgiveness) in the other; but because there is constant flow in both directions, and shells are borrowed from all and sundry with intended eventual repayment, the market is about as murky as subprime derivatives. Such a system, with a multitude of special factors, frictions and exuberant irrationalities, offers us a better picture of the economics of everyday social life than textbook market economics.

It also moves us well beyond the transactional “ask-bid” model of conversation I described, and found wanting, in an earlier post.