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Guns and Myths…

     “I can make the case that if there were guns in that room other than his, fewer people would’ve died, fewer people would’ve been so horribly injured.”

                                        Donald Trump on Meet the Press, October 4, 2015              commenting on the mass shooting in Roseburg, Oregon.

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One of the challenges in assessing the presidential candidacy of Donald Trump is that you run out of words that begin to describe his idiocy and cluelessness. I haven’t used despicable for a while, so let’s use that to characterize Trump’s reaction in the wake of the horrific – and most recent – mass shooting last week in Roseburg, Oregon.

Trump: More Myths About Guns

Trump: More Myths About Guns

And, of course, the GOP front runner had to make the unthinkable tragedy of students and their teacher murdered in a writing class all about him. “I have a license to carry in New York. Can you believe that? Somebody attacks me, they’re gonna be shocked,” Trump blustered in front of a cheering crowd at a campaign rally in Tennessee.

The Republican clown then completed the trifecta of gun mythology, which includes the old canard that even more guns are the answer to mass shootings and that we should all be armed to make the country safer, when he dismissed the epidemic of mass gun murder in the United States as (and he should know) a mental health issue.

But it is about the guns…

“It’s not the guns,” Trump said. “It’s the people, these sick people.” But in fact, as everyone really knows but few willingly admit, it is about the guns, particularly when there are essentially as many guns in the society as there are men, women and children in the country, vastly more guns by population than any other country on the planet.

It’s also not about the myth of mental illness, although that certainly plays a part. Dr. Paul Applebaum, a Columbia University psychiatrist who specializes in attacks like the recent one in Oregon, told New York Magazine last week that it is a fool’s errand to attempt to deal with mass murder by attempting to predict who is capable of mass murder.

“When I heard the news of the Oregon shootings, I thought, I’m done talking to reporters about the causes of violence.” Applebaum told the magazine. Rather, he said, he had developed a one-size-fits-all statement for the media that concluded, “If you tell me that there’s nothing we can do about guns, I’d say then we’re done. We’ve conceded that we are willing to tolerate periodic slaughters of the innocent. There’s nothing more to say.’”

Over the next couple of days the horror that unfolded last Thursday at Umpqua Community College will quickly fade away as it always does after the most recent gun outrage in America, while the short national attention span will move on to something else. President Obama is certainly correct when he says mass gun murder has become so routine in America that we have trouble maintaining for more than about two news cycles the outrage that might move us to action. We aren’t just lacking in urgency about gun mayhem we just don’t care.

Police search students at Umpqua Community College last week

Police search students at Umpqua Community College in Roseburg, Oregon last week

The families in Roseburg will be left to attempt to cope with their grief and loss. But we should all grapple with the haunting words in one family’s statement that the loss of their 18-year old child has left their lives “shattered beyond repair.”

Meanwhile, the political class carries on with nary a skipped beat, repeating the old, tired and lame myths about guns. The Oregon victims deserve better – much better – than the perpetuation of myth making about guns from Trump and all the other apologists for mass murder who refuse to face facts about the society’s perverse embrace of the culture of the gun.

Debunking the self defense myth (using real facts), David Atkins wrote in the Washington Monthly that the right wing gun lobby and its slavish adherents have “gone so far off the rails that reality is no longer a relevant boundary on discussion. As with supply-side economics, the benefits of gun culture are taken not on evidence but on almost cultic faith by the right wing and its adherents.”

This mind set, apparently, prompts a state legislator in Idaho to post on his Facebook page that he is “very disappointed in President Obama. Again he is using the tragic shooting in Oregon to advance his unconstitutional gun control agenda.” What a crock, but also what a widely believed crock. When it comes to guns we know what we believe even when it’s not true. Discussions – or arguments – about guns exist like so much of the rest of American political discourse – in a fact free environment. Myths about guns morph into “facts” about guns.

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

                                      – Second Amendment to the U.S. Constitution

The entirety of the mythology begins, of course, with the Second Amendment and the decades that the National Rifle Association has devoted to myth making about the twenty-six words of the amendment.

Former Justice John Paul Stevens

Former Justice John Paul Stevens

As former Supreme Court Justice John Paul Stevens has brilliantly related in his little book – Six Amendments: How and Why We Should Change the Constitution:

“For more than 200 years following the adoption of that amendment,” Stevens has written, “federal judges uniformly understood that the right protected by that text was limited in two ways: First, it applied only to keeping and bearing arms for military purposes, and second, while it limited the power of the federal government, it did not impose any limit whatsoever on the power of states or local governments to regulate the ownership or use of firearms. Thus, in United States v. Miller, decided in 1939, the court unanimously held that Congress could prohibit the possession of a sawed-off shotgun because that sort of weapon had no reasonable relation to the preservation or efficiency of a ‘well regulated Militia.’”

…A Well Regulated Militia…

Stevens says during the tenure of the conservative Republican Chief Justice Warren Berger, from 1969 to 1986, “no judge or justice expressed any doubt about the limited coverage of the amendment, and I cannot recall any judge suggesting that the amendment might place any limit on state authority to do anything.”

In his retirement Chief Justice Burger bluntly said in an interview that the Second Amendment “has been the subject of one of the greatest pieces of fraud, I repeat the word ‘fraud,’ on the American public by special interest groups that I have ever seen in my lifetime.”

Only fairly recently, in fact in the last decade as Stevens points out, has the Second Amendment been broadly reinterpreted by the Court – the Heller decision in 2008 and the McDonald case in 2010, both decided by 5-to-4 votes  – to sharply expand its meaning. Of course, powerful political forces, including most importantly conservative politicians and the NRA, helped to propel these changes made by the most conservative Court since the 1930’s. The gun myths grew in direct proportion to the political agenda of the mostly rightwing politicians who benefitted most significantly from the NRA’s pressure and cash.

Nonetheless, “It is important to note,” Stevens writes, “that nothing in either the Heller or the McDonald opinion poses any obstacle to the adoption of such preventive measures” – expanded background checks and bans on assault weapons for instance – that were widely suggested in the wake of the Newtown tragedy that claimed the lives of 20 children in 2012.

Justice Stevens would go farther, as would I, in returning the Second Amendment to its original intent by inserting just five additional words. A revised amendment would read: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”

But such a change seems unthinkable when federal lawmakers won’t risk NRA ire by even discussing the kinds of change that the existing Second Amendment clearly permits.

Rather than advancing an “unconstitutional agenda” as gun mythology would have you believe, Obama has suggested – he did again last week and will no doubt do again and again – that “responsible” gun owners should finally support common sense efforts that might begin to roll back the rate of slaughter. You have to wonder if there actually are “responsible” gun owners out there who are as shocked as some of us are about mass murder at a community college, or at a church in Charleston, or at a theatre, a shopping center, at Army and Navy bases, or in a Connecticut elementary school.

Has the NRA so poisoned the political well of reality that no red state Republican can dare say “enough is enough” and something must change? Is there no group of “responsible” gun owners willing to call the bluff of the makers of the gun myths? Does every NRA member buy the group’s more guns, no regulation logic, while blithely sending off their dues to enrich a collection of political hacks in Washington, D.C. whose real agenda is to – wait for it – maintain their influence and, of course, sell more guns?

So, while Roseburg mourns, the gun world turns away and Trump and others get away again with repeating the well-worn myths about guns. What we can be sure is not a myth is that we will be here again soon enough repeating the call for prayers for the victims and the first responders and we will, for a few televised moment at least, be stunned, while we consider the ever mounting death toll.

And so it goes. The cycle repeats. Nothing changes. A society’s inability to deal with its most obvious affliction hides in plan sight. We also quietly hope that the odds are in our favor and unlike the grief torn families in Oregon we’ll not be the next ones shattered beyond repair.


Six Books for the Dog Days…

Two brothers who changed the world, a submarine commander who helped propel the United States into the Great War, a writer who delved deeply into the lives of the people next door by drawing upon his own complicated experiences, the lives of the Gipper and de Gaulle and a wild and fascinating story of an astronaut left behind on Mars. Some of my summer reading and a half-dozen suggestions for the dog days.

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The Brothers Wright

The Brothers Wright

The Wright Brothers by David McCullough. The brothers who, if not exactly invented flight, refined the theory and technology that created the modern era were, amazingly, bicycle mechanics in Dayton, Ohio. The outstanding narrative historian David McCullough captures all the failures and triumphs of Orville and Wilbur, while never stinting the human side of what they set out to do – create a dependable aircraft that would revolutionize the idea of human flight. The Wright Brothers is not the very best of McCullough – I still love The Path Between the Seas and Mornings on Horseback – but it’s a great tale well told.

The same can be said for Erik Larsen’s Dead Wake, the story of the last crossing of the massive British passenger liner Lusitania. Most everyone knows the broad strokes of the story. The luxurious ship, the biggest and fastest of the day, sets out from New York bound for Liverpool during the tense days of World War I in 1915. The German government took out ads in New York papers warning passengers that they traveled at their own risk through waters patrolled by commerce raiding German U-boats.

Dead WakeThe big ship sunk twenty minutes after being torpedoed off the Irish coast with the loss of 1,198 passengers and crew, including 128 Americans. The sinking, not surprisingly, created an international crisis and came close to drawing the U.S. into the war. The Kaiser secretly ordered his navy to avoid passenger liners after the big ship went down, but when the Germans re-introduced the policy of “unrestricted submarine warfare” early in 1917 the United States declared war. Even knowing how this story ends has not prevented Larsen from producing a page-turner. He is particularly effective in describing the cramped and dangerous life of the thirty-four crew members aboard U-20, the sub that sank the Lusitania.

Jay Begley’s biography of novelist, poet, critic and essayist John Updike came out last year, but I didn’t discover this gem until this summer. Literary biography can be tough and dense stuff, but Begley has produced a nuanced and often fascinating profile of the prolific Updike who died of cancer in 2009. I had the good fortune to spend a fascinating day with Updike when he visited Boise, Idaho some years ago and Begley captured all the charm, humor, self-awareness and occasional darkness of the writer that I observed for a few hours.

The young Updike at work

The young Updike at work

The critics either love or hate Updike, but I suspect we’ll be reading him long after many of his contemporaries are dead and gone – and not just for the sex. If you liked Updike’s Rabbit or his many, many great pieces in The New Yorker, you’ll enjoy Begley’s even-handed, but not uncritical assessment of the man and the writer. It’s the best kind of literary biography and it is simply called Updike.

I keep reading about American presidents, because I can’t seem to get enough of the details about the central character in all our politics. I eagerly approached H.W. Brands’ big door-stop of a biography of Ronald Reagan hoping that the talented writer and researcher had finally produced “the” great book on the Gipper. I was disappointed, but still recommend the book as a basic “life” of the consequential and controversial 40th president.

If you’re looking – as perhaps I was and still am – for a historian to really explain Reagan, you’ll be disappointed. Brands is a great story teller, like his subject, but what seems to be missing is an effort to place of Reagan in the larger context of 20th Century American politics. Was he the Republican FDR? Was he the last of an old type of Republican or the first of a new type? Did Ronnie make Goldwater conservatism popular, or was his personal magnetism more important? We’ll wait for another book to grapple with those kinds of questions.

Reagan - A LifeBrands gets all the basic stuff of Reagan’s remarkable political life jammed in this book and for a general reader wanting a breezy survey of his presidency Reagan – A Life will do the trick. Brands has touched broadly on the memoirs and news accounts of the Reagan era, but I’ll keep hoping for someone to make the deep dive into the archives, the papers and reports of the Reagan presidency in the way McCullough has done for Harry Truman or Robert Caro for LBJ.

I’m guessing most Americans know little about Charles de Gaulle, the one-star French general who nearly singlehandedly created the idea of “Free France” once the Nazis had overrun and occupied his country in 1940. Some may vaguely recall that Mon General came back to power in the late 1950’s and found a way to extricate France from a bloody civil war in Algeria, re-wrote the French Constitution and ruled the country with a firm hand, a huge ego and a domineering personality for a decade. Today it is not an overstatement to say that de Gaulle, and the myth of de Gaulle, is at the very center of French politics and culture. Some contend his memory shadows over France as Napoleon’s once did.

Mon General

Mon General

There is hardly a town of any size in France without its Place de Gaulle or Boulevard Mon General. The modern French political state is covered with de Gaulle’s fingerprints. After reading Jonathan Fenby’s superb biographyThe General: Charles de Gaulle and the France He Saved – I started to understand what de Gaulle means to France – and the world. De Gaulle’s personal story – wounded and captured in World War I, fleeing the Fall of France in 1940 to fight on in Africa and eventually in Europe, retirement to write his memoir (which is excellent, by the way), his return to politics with fights with the U.S. over NATO, nuclear weapons and France’s place in the world – is equal to the life of a Churchill or an Eisenhower. The General, as large in death as he became in life, must rank in the top tier of “most important persons” in the 20th Century. Fenby, a British journalist, obviously admires de Gaulle, but sees him in all his haughty and magnificent glory.

When de Gaulle was finally finished in 1969 he remarked to an aide:”The French want to get rid of de Gaulle today but you will see the growth of the myth 30 years from now.” About that, like so much else, Mon General was correct. De Gaulle’s was a great and important life and Fenby has written about it with style, grace and historical context. If you want to understand France a little better, you need to understand de Gaulle a little better.

Finally, for something completely different: an American astronaut left behind for dead by his mates on desolate Mars. Andy Weir’s smart, hilariously funny and scientifically detailed novel would typically be the last thing to get placed on my bedside table. Science fiction, space travel, etc. is just not my thing, but I absolutely loved The Martian.

MartianAs Weir says of his best-selling novel: “After a dust storm nearly kills him and forces his crew to evacuate while thinking him dead, [astronaut] Mark [Watney] finds himself stranded and completely alone with no way to even signal Earth that he’s alive—and even if he could get word out, his supplies would be gone long before a rescue could arrive.

“Chances are, though, he won’t have time to starve to death. The damaged machinery, unforgiving environment, or plain-old “human error” are much more likely to kill him first.”

No spoiler alert. Read the darn book to appreciate the twist and turns that propel the novel and make you at one with this poor bastard stuck on Mars.

As amazing as is Weir’s book, the story behind the story is nearly as amazing. The Martian begin as a serialized, self-published story on Weir’s website, free to anyone who wished to download the novel. Fans soon begged for an e-reader version, which Amazon insisted must cost 99 cents. Thousands downloaded the book, an agent called and Random House decided it might sell in a print addition. It did, as in bestseller lists. Matt Damon will star in the movie that is out this fall.

It also appears, as the Washington Post has reported, that The Martian has been a huge PR Godsend for NASA, which still says a manned mission to Mars is the agency’s next big goal. It should be.

Weir’s book is far out, as in the fourth planet from the Sun, but also seriously plausible. He digs deep for facts and reasoning to make the case that his hero can actually figure out a way to survive on the surface of Mars and Weir infuses the narrative with quirky and irreverent humor that will have you laughing out loud and demanding to read a passage out loud to anyone nearby. It’s that good.

As my son said, “we’ll see how Hollywood can screw up” a really fine and entertaining book.

See you at the library.

The Most Interesting Man

Conversations with ConservativesEven before he hired Idaho’s most senior political journalist to run his press operation this week you would have had to say that Idaho Republican Congressman Raul Labrador was the most interesting, unpredictable, and arguably most important political figure in the state.

Putting the former political writer and columnist for the Idaho Statesman on his payroll just adds to Labrador’s fascinating spring and summer. Consider:

He mounted a high profile, but too-little, too-late campaign to become House Majority Leader when Rep. Eric Cantor very unexpectedly lost a primary election in Virginia. That effort might have seemed quixotic, but it also kept the First District Congressman in the middle of the tug of war between the establishment and Tea Party forces in the U.S. House of Representatives. Labrador continues to receive lavish attention from the national media. Among the House’s most conservative Republicans he remains a go-to critic of the president on immigration and House Speaker John Boehner on almost everything. His semi-regular appearances on the Sunday morning talk circuit, especially Meet the Press on NBC, means he gets more national press than the rest of the Idaho delegation combined and, I suspect, as much national political TV time as anyone since Sen. Frank Church investigated the Central Intelligence Agency in the 1970’s.

Labrador endorsed the insurgent gubernatorial candidacy of state Sen. Russ Fulcher who mounted a remarkably strong challenge to incumbent Gov. Butch Otter and then the Congressman presided over the chaotic recent GOP state convention that ended in turmoil, lawsuits and very likely lasting intra-party hard feelings. Still, while navigating the rapids at the center of the Idaho GOP, Labrador seems hard to have missed a beat or stubbed a toe over the last few months.

Little wonder that the most interesting man in Idaho politics again dominated the political news this week with his hiring of Dan Popkey as his press secretary, a move that I suspect surprised nearly everyone who pays attention to such things. Labrador has guaranteed that every move he makes in the near-term will be dissected to determine the level of Popkey influence. It will be great grist for the political gossip mill and will serve to make Popkey’s new boss, well, interesting.

Having made the leap over the line from journalism to politics nearly 30 years ago, I am certain of only one thing: My old friend and occasional adversary, Dan, is in for a thrilling ride. Think about the possible stops: Congressional leadership, a U.S. Senate seat perhaps, the governorship one day. Who knows? Labrador is one of those politicians who is routinely underestimated and yet regularly overachieves and modern politics – think about the guy in the White House – tends to reward a young man in a hurry who has a plan. It helps, as well, not to commit the cardinal sin of politics – being dull. Raul Labrador isn’t.

The other thing the Popkey hire illustrates, sadly, is the continuing and steady demise of real political journalism, and not just in Idaho. Dan’s reporting – along with the excellent work of the Spokesman-Review’s Betsy Russell – has long been required reading for anyone in the state who cares about politics and public policy. The kind of perspective, experience and knowledge of the political players that a reporter develops over 30 years can’t easily be replaced. Here’s hoping the effort continues to be made, but the trend lines are hardly encouraging.

Popkey likely reached the zenith of his reach as a columnist several years ago when the Statesman featured his work several times a week and often on the front page. His major investigative pieces on the University of Idaho’s mostly botched real estate development in Boise and on Sen. Larry Craig – that work put his newspaper in Pulitzer contention – haven’t for the most part been matched since. Coverage of the Idaho Legislature has declined dramatically, and not just on the part of the Boise media, in the last fifteen years and real critical and insightful coverage of the Idaho delegation in Washington, with the regular exception of opinion pages in Lewiston and Idaho Falls, is virtually non-existent.

Politicians from Barack Obama to Sarah Palin have found they can override the media filter by creating their own content and then by targeting that material to specific audiences. This is the new normal in politics and the media and it increasingly narrows the space for reporters like Popkey and for news organizations in general. Rep. Labrador said in the news release announcing the hiring of his new press secretary that he had “learned that one has to have an exceptional communications strategy to effectively represent Idaho in Congress. I know that Dan will help me better communicate my message to constituents and the media.”

I would fully expect Popkey will do just that, leaving us to reflect on the irony of a politician improving the communication of his own message, while further hastening the demise of old style political reporting.




donaldsterlingSo much for a post-racial America.

Americans of color may have significantly more challenges to overcome with employment, education, health and housing than most white Americans, but it takes the racist rants of two old white guys to again bring into sharp relief the sobering fact that race is still the nation’s great unresolved issue. The optimists among us thought, for a moment at least, that the election more than five years ago of the first black president ushered in a “post-racial” new day. It didn’t.

If anything the nation’s struggles with race and class, not to mention gender and sexual orientation, remain as corrosive as ever. Fox News and a few pandering Republicans turned a deadbeat Nevada rancher into a “folk hero” before his own ignorant ravings about race showed every thinking person just what Cliven Bundy is really all about. While you can apparently get away with cheating the federal government out of a $1 million in lease payments by just waving around the Constitution, waxing nostalgic about slavery is, thankfully, still un-American enough to draw a belated rebuke from Rand Paul. Maybe Bundy should have read all of the Constitution, including the 13th, 14th and 15th Amendments.

The case of L.A. Clippers owner Donald Sterling is both more complicated and ultimately more troubling. Bundy is just the latest incarnation of the old John Birch Society/Posse Comitatius mind set that rises and falls periodically across the American West. The rise almost always occurs with a Democrat in the White House. With typical Bircher incoherence Bundy invokes the Constitution of a government he won’t recognize. He likes the 2nd Amendment just fine, but not those pesky provisions of the Constitution related to the power of federal courts. The Bundy mind set has found its perfect foil in the young, self-assured black man in the White House. Enough said, except perhaps that the Republicans who rushed to support this nut case still have plenty of explaining to do.

Sterling, the billionaire L.A. real estate developer, is a tougher case. He has apparently long been known for his racially tinged rants and has been in and out of court fighting discrimination cases that, among other things, alleged that he refused to provide repairs for his black tenants.

“It bothers me a lot that you want to broadcast that you’re associating with black people,” Sterling allegedly told his mixed race girlfriend in recording she apparently made. “Do you have to?”

Later, just to double down his racism with a gob of sexism, he added: “You can sleep with them, you can bring them in, you can do whatever you want. The little I ask you is not to promote it on that and not to bring them to my games.”

As the Washington Post reported:

“Sterling’s history paints a picture of a man who has let slip bigoted beliefs for years — and has, at least so far, sidestepped major repercussions. He was sued in 1996 for sexual harassment. In 2003 he testified in a separate court case that he occasionally paid women for sex. The same year, Sterling was sued by 19 tenants of a building he owned, along with the Housing Rights Center; they claimed Sterling’s employees refused repairs to black tenants and frequently threatened to evict them. Sterling settled the case for an undisclosed sum.

“In 2009, Sterling spent $2.73 million to settle another suit, this time brought by the Justice Department, which alleged Sterling refused to rent his apartments to non-Korean tenants, preferring that black and Hispanic prospective tenants look elsewhere. The lawsuit quoted Sterling as saying in sworn testimony that ‘Hispanics smoke, drink and just hang around the building,’ adding that ‘black tenants smell and attract vermin.'”

The National Basketball Association is investigating. Of course they are. It sounds like they might have done some looking around a long, long time ago. How the Sterling matter is handled by the NBA and its new commissioner will be vastly more important in the long run than any shooting-off-the-mouth of Sean Hannity’s new best friend.

Sterling is, after all, a long-time member of one of the world’s most exclusive clubs – the 30 owners of professional basketball teams. Sterling’s team, until last week a serious playoff contender, is coached by a black man. The team’s and the league’s fan base is to a substantial degree minority. The league’s big name stars, many of whom quickly condemned Sterling’s remarks, are African-American. The Clippers low key pre-game protest where white and black players wore their shirts inside out is just a preview of what’s to come from a professional league that owes its popularity, not to mention the money it generates for owners like Sterling, to the success of “black people” like LeBron James and Kevin Durant.

It’s not as though the NBA didn’t know about this guy. “Donald Sterling,” Paul Westphal, an NBA coach and great NBA player before that, told columnist Mike Lupica, “was always the worst-kept secret in the NBA.” Now, it’s get serious time – a teaching moment – for new NBA Commissioner Adam Silver. Silver’s response and the response of the other 29 members of Sterling’s exclusive club will tell us a lot about a high profile big business in post-racial America.

The U.S. Supreme Court tells us a lot, as well. The Court’s 2013 ruling throwing out a major part of the Voting Rights Act and more recently upholding a Michigan law that bans race conscious admissions at the state’s colleges and universities are based either on wishful thinking that racial issues in the age of Obama still don’t bedevil our culture or that the courts simply have an extremely limited role in ensuring that all Americans are not merely created equal, but are treated that way, as well. Either explanation ignores today’s front page.

It seems self evident that Barack Obama’s election in 2008 not only failed to herald the arrival of a post-racial America, but rather stoked the long simmering fires of racism that were, we need to remember, originally written into the nation’s founding creed. An ignorant Nevada cowboy and the boob billionaire owner of a professional sports franchise certainly don’t represent the vast sweep of good and decent Americans of all races, creeds, colors and political persuasions, but they still represent too many.

“When ignorant folks want to advertise their ignorance, you don’t really have to do anything,” Obama said of Donald Sterling. “You just let them talk. That’s what happened here.”

Oh, if only it were that easy.


The Crown Jewels

SaguaroWhen presidential historians periodically take stock of “the greatest” American presidents Herbert Hoover never fares very well. His single term – 1929 to 1933 – was considered at the time and ever since as a prime example of a “failed presidency.”

The great stock market crash helped usher in the Great Depression and historically high unemployment on Hoover’s watch. His response to the resulting economic crisis has generally been considered inadequate, even callous, and Franklin Roosevelt crushed Hoover’s re-election hopes in an historic landslide in 1932. Hoover continues to rank among the most unlucky and unloved American presidents. History is a cruel mistress.

Yet, earlier this week I basked in the desert sunshine at a Herbert Hoover legacy – a truly monumental achievement – that the long-ago president created just days before he left the White House in disgrace. In the rocky, mountainous desert just west of downtown Tucson there exists what may be one of the failed president’s greatest, most visionary accomplishments. Thanks to the 31st president it’s our monument, too.

On March 1, 1933, Hoover, still smarting from his landslide loss to FDR, signed a presidential proclamation declaring thousands of acres of Arizona desert as Saguaro National Monument. The monument Hoover created with a stroke of his pen – he used his authority under the 1906 Antiquities Act – eventually became a national park in 1994 and played host to nearly 680,000 visitors in 2013. It is estimated that the park, the largest tourist attraction in southern Arizona, contributes $75 million annually to the local economy. Hoover’s monument protects the towering saguaro cactus, a magnificent creation that is found only in the desert of southern Arizona and across the border in Mexico. When you hike this area you’re struck by both the harshness of the desert environment and its delicate nature. It is the kind of place where the heavy hand of man could easily destroy the majesty that Mother Nature has created. We have a failed president to thank for saving it so that my hiking companions and I could enjoy it 75 years after Hoover put his signature on a presidential proclamation.

Fast forward to this week when House Republicans again voted to gut the 1906 Antiquities Act that has been used by fifteen American presidents to, in effect, create the greatest system of national parks, monuments and wildlife reserves on the planet. What modern conservatives fail to acknowledge is that our great national park and monument legacy would simply not exist as it does without every president since the Act was created having used it to preserve and protect the nation’s special places.

Teddy Roosevelt, a president most modern Republicans embrace only gingerly, clutched the Act to his burly chest and saved the Grand Canyon from commercial exploitation. He preserved Jewel Cave in South Dakota and Chaco Canyon in New Mexico, among a raft of other actions. Roosevelt knew he couldn’t get a reluctant Republican Congress to act, so he acted in the national interest and thank God he did.

William Howard Taft saved the Big Hole in Montana. Warren Harding used his authority under the Antiquities Act to preserve Bryce Canyon in Utah. Calvin Coolidge, not a man to fawn over executive power, used his to protect Craters of the Moon in Idaho and the marvelous Chiricahua’s in Arizona. FDR used the Act to protect Jackson Hole in Wyoming and Joshua Tree in California. Eisenhower, Nixon, Ford, Reagan and both the Bush’s used the Antiquities Act. Bill Clinton created the Grand Staircase Escalante in Utah and protected the Minidoka Japanese-American internment site in Idaho. LBJ used the act. Barack Obama has, too.

Read the list of national monuments and special places protected by presidential action and you’ll read a list of America’s heritage, a list of the places all of us would love to visit and do by the millions every year.

Utah Republican Rob Bishop sponsored the bill in Congress this week and complained, as Politico reported, “that Obama has designated a half-dozen monuments in the past year without input from Congress, including a significant expansion of a national monument along the Pacific Ocean in California this month. The March 11 action permanently protects about 1,665 acres of federal lands near Point Arena, 130 miles north of San Francisco.”

Obama acted, of course, because Congress no longer – and rarely has in our history – acted to create national parks and monuments. Many now hope, and I count myself in that number, that Obama will use his authority under the 1906 Act to permanently protect the Boulder-White Clouds area in central Idaho. If the president does act it will be because Congress, despite a vast amount of input from Idahoans and Americans in other states, has not acted for a generation to formally protect this area. The late Sen. Jim McClure and then-Gov. Cecil D. Andrus, a Republican and a Democrat, advocated action to protect the Boulder-White Clouds in the 1980’s and Republican Rep. Mike Simpson has pushed protection of the area for a decade and still Congress has not moved.

Teddy Roosevelt realized when he acted to protect the Grand Canyon that local pressure from politically influential economic interests would never permit Congressional action, so Roosevelt acted for the public interest. Once the canyon was protected, Congress got serious about it’s responsibility. Jimmy Carter famously used the Antiquities Act at the behest of his Interior Secretary – Idaho’s Andrus – to create his and the nation’s great Alaska lands legacy. The Alaska Congressional delegation only came to the table when presidential action finally forced serious action. Carter’s conservation legacy will one day be seen to rival Teddy Roosevelt’s and all thanks to the Antiquities Act.

The House vote this week is mostly for show, another poke in the eye of Obama, and is unlikely to spur action by the Senate. For more than 100 years the Antiquities Act has allowed American presidents of both parties to protect the national crown jewels. In an ideal world, Congress would regularly and seriously consider conservation measures like protection for Idaho’s Boulder-White Clouds, but in fact it rarely even holds hearings on such things.

As the Salt Lake Tribune in Rep. Bishop’s home state editorialized this week: “Turning a piece of federally owned land — land held in trust for all the people of the United States, present and future — into a national monument is an innately forward-thinking act. But it is one that could, should sentiments and circumstances change, be reversed.

“It’s at least possible that a majority of the American people, speaking through their elected representatives in Congress, could decide that the temporary benefit of burning another 100 million tons of coal or another 100 million barrels of oil outweighs the benefit of preserving beautiful, unique or environmentally fragile lands. If that happens, they can move to sell the parks, cancel presidential declarations of national monuments and rub their hands together over all the lovely money that their friends will make.”

The next time you visit a national park or monument remember Teddy Roosevelt’s words in 1908 when he protected the awesome canyon of the Colorado River. “Leave it as it is. You cannot improve upon it; not a bit,” TR said. “What you can do is to keep it for your children, your children’s children, and for all who come after you.” Exactly.

There is nothing wrong with the Antiquities Act that a more conservation-minded, forward-looking Congress couldn’t fix.

Fighting to Innovate

2013-Tesla-Model-S-front-1Tesla, the electric car manufacturer, is attempting to revolutionize the American auto industry by building safe, attractive, energy efficient electric cars that are designed to meet a growing customer demand. But…there are some challenges.

Tesla, in challenging the long-established American way of selling new cars, is (big surprise) hitting decades-old speed bumps as it tries to invent a new approach for you – the consumer – to purchase a car. The Tesla story is a great case study in innovation, but also a story about how often American capitalism is arranged to thwart innovation and protect the status quo of well-entrenched interests who like the things just the way they are.

Henry Ford’s great contribution to American industry was, if not to invent at least to perfect, the assembly line. That process allowed one of his Model T automobiles (and after 1928 the Model A) to seamlessly travel a route along the factory floor as auto workers added piece after piece until finally a finish car eased off the line. It was an innovation that helped revolutionize the auto industry and made Detroit, for a couple of generations at least, the center of world manufacturing.

In ol’ Henry’s day Ford workers were paid $5 a day and it was said you could have any color Model T you wanted as it was black. The cars were affordable, relatively easy to repair and drive and Americans bought 15 million of them. When Ford decided to introduce the improved and more stylish Model A – you could buy the car in exotic colors including Arabian Sand – the big factories the company operated had to completely shut down for months while re-tooling took place. Ford’s dominance with the “T” had been challenged by General Motors and other manufactures who were innovating with more powerful engines and attractive features like electric starters and windshield wipers. Ford was into basic until he couldn’t sell basic. And while the Model A was a great car, Ford Motor Company never again truly dominated the industry Henry Ford had invented, in part, because the company took an innovation holiday that never really stopped until the advent of the trendsetting Mustang in 1964.

Ford and his rivals back in the early days of American motoring also faced tremendous challenges in getting their products to market. The system of automobile dealerships so common today began to develop in response to the need to distribute the product. Before long almost any town of size had a Ford dealer, a Chevy dealer and eventually perhaps a Packard, a DeSoto or a Chrysler dealer. The dealers became major players in the local and state economy. Some became household names because their faces were splashed on billboards or later television. And, in keeping with the American way, they became influential players in politics. In time the car dealers largely wrote the laws in most states that attractively (for them) limited competition by requiring, among other things, that you buy your new car directly from “Happy Town Ford,” an independent franchisee, rather than directly from a factory.

The trouble for Tesla is simply that the old dealership model, a feature of the American industry since the 1920’s, isn’t how Tesla sees its cars being sold in the 21st Century. I think of Tesla as the Apple of car dealers. Lots of customer service, a showroom more Mad Men than Joe’s Garage and a product that demands high touch and higher concept. Looking at a Tesla is like browsing an Apple store. Buying a new Toyota unfortunately feels more like a trip to K-Mart.

Three states – New Jersey, Texas and Arizona – have now made it clear to Tesla that the company can’t sell cars directly from its sleek, Apple-inspired stores.  Rather the company, under existing state laws, must conform to the old, old dealership model. Not surprisingly long-established automobile dealers, no doubt threatened by aggressive new competition and no doubt quietly encouraged by established manufacturers, have pushed state officials to make Tesla conform to a sales model and state laws that Henry Ford would have recognized.

“The dealer regulations are similar to those put in place to save the family farm and protect individual farmers,” Jack R. Nerad, the executive market analyst at Kelley Blue Book told the New York Times. “But the landscape is vastly different now. Big dealerships don’t need the type of protection the single-brand store needed back in the day.”

The latest state to tell Tesla to take a hike is New Jersey, ironically where Gov. Chris Christie has lately experienced his share of auto-inflicted political wounds. After apparently first encouraging Tesla to do business in New Jersey, Christie now says the automaker needs to deal with the state legislature in order implement its business plan in the Garden State. He sounds like he’s suddenly never heard of lobbying the legislature to encourage a new business venture.

“Tesla was operating outside the law,” Christie recently said during a town hall meeting. “I have no problem with Tesla selling directly to customers, except it’s against the law in New Jersey.” That, indeed, is the problem. Maybe, just maybe, the law needs to change, but if you’ve been around state legislatures much you know the local car dealers have a lot of clout.

Ironically, Tesla is facing serious push back from two states – Arizona and Texas – that Tesla’s CEO Elon Musk has said he wants to consider as sites for a $6 billion factory that might employ 6,500 workers who would manufacture the lithium ion batteries to power the cars he wants to sell. I hardly need point out that the places where Tesla has been most aggressively backed off are all states with free market loving Republican governors. So far tough guy governors like Christie in New Jersey and Rick Perry in Texas haven’t done much of anything to change a restraint of trade business model enshrined in state law. The next time you hear a politician rail against too much regulation you might think Tesla.

All of this makes corporate recruitment a good deal more difficult, too. Tucson, Arizona would like to host the Tesla factory – who wouldn’t – but why would Tesla open a state-of-the-art facility and spend a few billion in a state that won’t allow the company to sell its product the way it believes in most effective?

I long ago came to believe that in politics, and in most of life, the simplest explanation is most often correct. American automobile manufacturers, and that group would include firms like Toyota, Nissan and others that have effectively become U.S. manufacturers, are looking over their shoulders at Tesla and seeing a smart, sophisticated and aggressive competitor. Detroit, a name we don’t often associate with new thinking, has been late to the innovation party at least since the Edsel hit the street. The status quo they know is comfortable and predictable. You can almost hear them saying – why change? We wrote the law and we like it just fine thank you.

Tesla is a 21st Century car company that is also trying to revolutionize the energy world. First, however, the company needs to change public policy and alter a status quo that works to the advantage of a powerful, entrenched group of business owners who love to sell and service cars just like they did when my dad bought his Model A Ford.

Inventing a new kind of car might prove to be a lot easier than changing a few decades of law that protects the aging and arguably outmoded business model of all those guys down at the Auto Mall.