Economic Update: Why The US Constitution Is An Obstacle To Change

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Welcome friends to another edition of Economic  Update, a weekly program devoted to the economic   dimensions of our lives and those of our children.  I'm your host Richard Wolff. In today's program   we're going to be talking about the banking crisis  that has enveloped the United States yet again,   we're going to talk about plant closings, what  they mean, child labor in the United States,   the bizarre budget proposal of President Biden  and then some new research on homelessness in   the United States and with an important book.  And then we'll turn to an interview with our   guest Robert Ovetz, who will have something  to tell us about the U.S Constitution. Let's jump right in. I don't want to rehash what  most of you already know about the collapse of the   Silicon Valley Bank and the bank runs and crises  that have been proliferating above and beyond the   surface of events ever since. I want to stress,  however, something you may not have thought about.   We now live in an economic system that  cannot protect us - not you, not me.   We've had two dramatic lessons, even though  there are lessons like this every day, we've   had two dramatic ones: horrible catastrophe  of a derailment in East Palestine, Ohio   and now catastrophic collapse of a bank in  San Jose, California. It's extraordinary.   The system doesn't work, the banks can't  do what they're supposed to or are driven   by profit to cut safety, to cut care, to cut  their responsibility. The railroad companies   can't do it, the banks can't seem to do it, the  institutions, governmental commissions and so on   that are supposedly regulating and supervising,  they can't save us and protect us either. Let me go over the timeline that  leads to the banking crisis.   We have a pandemic and an economic crash in  2020 that was not prepared for, that was not   managed very well. We really took it on the chin.  That, in turn, was handled in so bad a way that   it was followed by an inflation when we could  barely recover from the pandemic and the crash.   The inflation led to herky-jerky governmental  policies, which included raising the interest   rate which hurt the same poor and middle-income  people that had already been hurt by the crash   and the pandemic and the inflation. And now  we're told we're going to have a recession. Well, with rising interest rates  the value of bonds go down.   No one seems to have said to themselves in the  halls of power 'banks invest a huge amount of   their deposits in government bonds, they've  been doing that for, let's see, two centuries.'   So it's not as though it's a secret. And if the  bonds go down in value when interest rates go up,   which they do, and which they have  been doing for six to eight months now,   the logic would say 'uh-oh, if something goes  wrong the banks are going to have a lot less   wealth in the value of those.' But no one thought  it through, no one took the appropriate steps. The   banks took bigger and bigger risks, probably  hid half of what they were doing from the... It's the same old story. If you leave  private enterprise in place it will undo,   it will subvert any regulations put in. After  2008 and 9's catastrophe we had some reforms;   the Dodd-Frank Act and others. What did the  banks immediately do? Go to work lobbying   with their money to reduce those regulations.  President Trump went real far in reducing them,   just like in a few years before the  collapse of 2008 and 9 the repeal of   the Glass-Steagall Act - a reform after  the Great Depression of the 30s - opened   us up for the 2008/9 catastrophe. That  this is going on should surprise no one.   That the people of this country tolerate a  system that works like this, that's the issue. Let me turn next to a town you may never  have heard of: Canton, North Carolina.   There they have a big factory that employs a  very significant part of the population. It's   called the Pactiv Evergreen paper mill, which is  important in that area. They recently announced   a restructuring aimed to make the company more  profitable. And they also announced that they   would be firing 1,100 workers in the factory in  Canton, North Carolina. Now, I want to stress two   things: a tiny board of directors, numbering less  than 20 people, made a decision that's profitable   for that company and that involved firing 1,100  people. Those people fired had no say at any   step in this process. They were told that they  will have to get a new job by June of this year.   The fact that they may have made a commitment  to buy a house for the next 20 years is of   no concern to the company. The disorientation  of their children, of their families with the   anxiety and the loss of income that is looming  upon them at a time when the economy as a whole   is in not good shape either could count for  nothing. This is the opposite of democracy,   the people affected by a decision are  excluded from participating in it. But even worse, let me explain  to you as an economist:   let's suppose a decision by the company is correct  and they make 50 million more dollars of profit   over the next few years than they would have if  they hadn't done that, let's give them that. By   the way, there's no certainty that that's true,  but let's let's assume it. But then we would have   to ask what are the losses to the 1,100 people  who have no job anymore for the next few years,   the households of that many people.  We're talking five thousand people.   They're not going to have wherewithal, many of  them are unable/going to be unable to make their   mortgage payments. They're going to have to try to  sell their house at a time when no one is moving   in because their jobs are being cut. The local  town, the state of North Carolina will have less   revenue because 1,100 people aren't going to be  able to pay taxes because they don't have a job.   I could show you quickly if we add up all the  costs, direct and indirect, from this decision   it could easily be 500 million dollars, in other  words, to a society as a whole, to all of us. This is a stupid decision because the costs  are much greater than the gains. But we have   a system that allows a tiny number of people  to go after those gains, even when and if the   social losses dwarf those gains. That's not  only undemocratic, that is irrational. That's   a system that is making bad decisions because of  the way it's organized. And we do that every day. There's a new report out by the Department of  Labor, Health and Human Services. It's a new   report - 2023. Here's the statistic I want you  to think about. Since 2018 there's been a 69%   increase in illegal child labor employment in  the United States. The U.S Department of Labor   reports it has 600 investigations of employers now  underway where they have a legitimate complaint   of child employment. You thought we had that  problem beat. You thought we had outlawed child   employment in this country. Well, yes we did.  But the corporate profit-drive will and always   has gotten around the laws, the regulations when  there's money in it. And there is, because you   can get away with paying children, especially  the children of immigrants, very little money. I turn next to the budget proposed by President  Biden. It's very hard to maintain politeness when   you're talking about such fakery. Before I tell  you about the budget let me tell you that this is   pretty similar to what he proposed before when  the Democratic party controlled both Houses of   Congress and they didn't get it then. Therefore  to propose it now when the Republicans control   one House it's more certain than ever that they're  not going to get this. So proposing these things   is a bit of public fakery. It's theater,  it's political theater - 'this is what we   want.' Because everybody who counts  knows it's not going to happen. But here we go. Number one: increase the  income tax for people earning over four   hundred thousand dollars to 39 percent. Gee, now  it was 37%. What a dramatic change that isn't.   Number two: increase the capital gains tax  on shareholders, so you pay on the difference   between what you bought the stock for and  what you sell it for - the capital gain.   And they're raising it, he proposes, from 21  percent to 28 percent. That's pretty boring,   too. It'll hurt the people who have that money but  won't hurt them very much, will it? And finally a   minimum tax on billionaires. Well, in this country  we have 320 million people and we have less than   five or six thousand billionaires. So that's  not going to affect very many people either. So there it is: bold, brazen  and absolutely pointless,   just for theater. And guess what? The  Republicans will give us their theater.   They will trot out the dead old arguments against  this dead-on-arrival proposal, as if it mattered.   And we'll hear things like 'gee, you're stifling  innovation or investment, you're taking money   away from people.' Oh goodness, I just told  you about that poor town in North Carolina,   look what's being done to those people, shaking  their lives to the foundation. But we're supposed   to empathize with the billionaires who'll have  a little less in the way of a billion than they   might otherwise have had if this had a chance,  which it doesn't. What a weird country to live in,   with the problems we have. And political  theater is what our leaders give us. Final update that we have time for today: there's  a new book, and when a book comes out like this   it makes an important point. I want to begin  to mention it to you. The authors are Gregg   Colburn and Clayton Aldern and the title of  the book is Homelessness is a Housing Problem;   was published in 2022, so it's a new book by  the University of California Press, a very   prestigious university press. Here's what their  book shows us in great detail: that the problem   of the homeless in America, and we have now huge  numbers that are growing every day... The problem   of homelessness in one of the richest countries  in the world (the U.S) is not mostly about drugs,   poverty, crime and all the rest of the things  that have been said - mental health, you name it.   Here's what the answer is: it's a problem  of a shortage of housing and high rents. Whoa! It's an economic problem, mostly. In  other words, our economy produces too few homes,   even while the rental to live in them is too  high. In order for our system to be adequate   to house the people who live in it you have to  either give them the income needed to pay the   rents or bring the rents down to what the income  is they can afford to spend on them. We don't   do that in this country and that's why we mostly  have homelessness. The stuff about the drugs and   so forth is meant simply to focus attention  away from the economy that doesn't provide   homes to people and to put it on the people  themselves. In other words, blame the victim. We've come to the end of the first half of today's  show. Please stay with us, we will be right back.   Before we move on I want to remind everyone that  Economic Update is produced by Democracy at Work,   a small donor-funded non-profit media organization  celebrating 10 years of producing critical system   analysis and visions of a more equitable and  democratic world through a variety of media. Like   the long-form lecture series I host called Global  Capitalism, designed to help others understand   current economic events and trends so they can  explain the impact and effects capitalism creates   across the globe to others. Global Capitalism is  available on our website democracyatwork.info.   There you can also learn more about everything  we produce, sign up for our mailing list,   follow us on social media and support the work we  do. Please stay with us, we will be right back. RW: Welcome back friends to the second  half of today's Economic Update.   I am very pleased to bring an old friend of mine  to the microphones and the screens - someone who's   done the kind of work that I try to do on this  show as well. His name is Robert Ovetz, he teaches   at San Jose State University in California  and also at the University of California at   Berkeley. His published work in books and articles  focuses on labor history and class struggles. His   most recent book is called We the Elites: Why  the U.S Constitution Serves the Few, a class   analysis of the U.S Constitution. So first of all,  welcome Robert Ovetz and thank you for your time. RO: Thanks for having me. RW: I want to jump right in. And, as I'm  sure most of our listeners and watchers   well know, whether you're looking at  the Supreme Court conservative majority   or countless conservatives in various parts  of our federal, state and local government,   they like very much to support, to justify,  to rationalize what they do and what they say   by stating that they are with the founders  of our country, with the people who wrote the   Constitution and with the Constitution itself.  And that therefore their interpretation is   legitimate and everybody who doesn't behave the  way they wish is therefore illegitimate. Well,   I thought it would be particularly interesting to  our audience here if someone who has studied the   Constitution, written about the Constitution  could come before us and weigh in and tell us   what you think. Starting this way: what you  think about the way the Constitution has been   used to support, basically, the right-wing  in American politics for quite a while. RO: Well, Rick, as any of your listeners  have heard you talk about numerous times   is that it seems that our system of  government fails the economic majority,   or another term that I use for the  working class over and over again.   And while it seems like there's the possibility of  reforms around the environment or workers rights   or a woman's right to choose her own reproductive  methods, we lose over and over again. And what   motivated me to write this book was to try  to get out what is going on with our system   of government. Why is it that our system seems to  block what the majority wants over and over again? And what I found in my several years of research  of reading who I called the framers - their   letters and pamphlets and the transcripts from the  debates of the Constitutional Convention and the   state ratifying conventions - is that this is not  an accident, this is not a symptom of partisanship   or big money. This is caused by the design of the  Constitution itself. In order for us to understand   why the economic majority cannot get what it wants  we have to understand how the Constitution was   designed by the economic elites of the late 18th  Century to do what I call constrained political   democracy and prevent economic democracy. And,  as your listeners have heard you talk about for   many years, is that we need economic democracy in  order to transform the way we govern ourselves. But unfortunately our constitutional system  was designed with numerous what I call minority   checks in order to provide the opportunity  for the economic elite, the ruling class,   to be able to block any change that it  opposes. So to get back to your question,   when Republicans and conservatives  talk about their interpretation of the   Constitution essentially they're saying  'well, the Constitution was designed to   protect the capitalist economic minority.  And those changes that you want, sorry,   but it's opposed by those who fund us and  those who back us and so you can't have it.' RW: And so your argument, and correct  me if I've misunderstood your argument,   is that they're basically right in the sense that  the Constitution they keep pointing to is a useful   document for them. In other words it rationalizes  and justifies an undemocratic way of organizing   your economic system. Okay, take us through it.  In other words, give me the core of your argument,   if I've gotten it right. Give us, if you would,   either an overview or some examples of how  the Constitution does what you just described. RO: Yes, absolutely. So we learned from the  earliest age, as early as elementary school   if you grew up in the United States, that our  system was designed to set up a democracy to   extend rights to people and to allow the majority  to rule. And these are what I call the three   founding myths. Our system does the complete  opposite. In fact it was designed and still   operates essentially virtually unchanged - only 27  amendments in over 230 years - to do the opposite.   It opposes the majority's will by allowing those  who are opposed to change to be able to block that   change anywhere in the system. And as an effect  it allows the economic minority to actually rule. So this is how it works. One of the key principles  in understanding the Constitution is that famous   saying of 'checks and balances.' And essentially  what that means is that each of the branches have   a certain number of enumerated and implied  powers in the Constitution. And one branch   can activate and act on its own without one or  the other branches also acting. And the similar   kind of checks and balance exists between  the Federal Government and the states. And   ultimately that the Federal Government has the  final say under article 6, the supremacy clause. So essentially the way that it works is that  anywhere through the system exists what I call   minority checks. In order for the majority to be  able to get what it wants at the end of the line   of the political process it essentially has  to overcome the possibilities that its bill,   for example, will be blocked anywhere  in Congress. A bill has to pass both   Houses of Congress and it has to pass each  committee that it's assigned to in addition   to being signed by the President. Or if the  President vetoes the bill the Congress has   to override that veto with the super-majority  of two-thirds vote without changing the bill. These are just some of the best known kinds of  checks in the system that essentially give the   upper hand to those who are opposed. Because  if you block the bill anywhere in a committee,   for example, even if the bill passes the other  house with 100 percent of the members voting yes,   that bill is dead. It can't go to the President,  it can't become law. Now there are numerous other   checks as well. For example, even if the  President signs the bill the new law can   be gutted in the regulatory process. And  you've talked about numerous examples of   this happening. It can also be challenged in  the courts and thrown out as unconstitutional. So throughout the system [there] exists  numerous checks that essentially give the   advantage to those who don't want change  and put those who want change in the   position of having to make concessions  and compromises that ultimately water   down and destroy the original  intention of the legislation. RW: Why have generations of American majorities   accepted a system that works the way you  just described it? Give us your insights,   because you've studied it. Why do we, as a  people, accept and perpetuate this arrangement? RO: That's an excellent question Rick.  And I have to say as somebody who's   been involved in numerous movements, in  labor organizing for almost three decades   we are constantly dealing with hope and  disappointment; our hope that ultimately the   system will respond to the overwhelming demands  of the majority and that it can be changed and   over and over again we're disappointed. And our  system is designed in such a way that it builds   up a new sense of hope every two, four and six  years when elections occur. People get excited,   they back candidates who they believe  will make change and, lo and behold,   they either don't get elected or they get elected  and then suddenly they disappoint. And we become   disenchanted and alienated from the process and  we turn away for a while until things get bad   and even worse. And then we look back at the  system and the process starts all over again. And so I think part of the reason why  we can't get the change that we need,   except every few generations when there's  an immense uprising and outpouring - a mass   movement that can't be ignored - is that we get  locked into the political cycle and we forget   about the history of every other attempt  at bringing about change and how it ends   up getting swallowed up and compromised as  a result of these numerous minority checks. Now there have been periods in American  history where immense changes come about.   And you've talked about numerous examples of  that. For example, reconstruction after the   Civil War. But it takes massive disruption. It  takes civil wars and economic depressions and   mass strikes and mass protests to force  those inside the halls of government to   respond to those demands. But even then we  get small incremental changes and reforms that   ultimately over the years become rewritten and  killed by what I call death by a thousand cuts. And so that's an excellent question  and it's something that anyone who's   involved in political change has  to confront, that our system was   designed to constrain political democracy  and prevent economic democracy. And until   we confront that problem in our system of  governance we're not going to be able to   make the big changes we need to solve the  huge global crises that we face right now. RW: Okay, in the time we have left you have a very  provocative sentence in your book that caught my   eye in which you, I think, position yourself as  an advocate that we as the people of the United   States "go beyond the Constitution." Tell us  in the remaining time we have what do you mean? RO: Well, I conclude the book in the last few  chapters looking at what we can do about this   problem. What do we do about a system that was  designed by 55 white wealthy men who didn't   believe in democracy? Who actually looked down on  the common people having their hands on political   power because they thought it would threaten  property? And I think we have three options. First we can pursue necessary constitutional  amendments. That seems like a dead end because   the framers were prepared for that. And they  wrote into Article 5 a process for amending the   Constitution that creates super-majorities that  are incredibly difficult to overcome. While we   do have 27 Amendments - this is 27 out of over  10,000 that have been officially introduced.   And that's a tiny, tiny success rate of a quarter  of one percent. So that seems almost impossible. Another possibility is to call a  constitutional convention. Again   we have to go through the amendment  process that is set up in Article 5,   also incredibly difficult. And also right now  there's a process being funded by the remaining   surviving Koch brother to call a constitutional  convention. And that could be a complete disaster   for those of us on the left if that was to  succeed. We're just not prepared for that. So those two options don't seem to be very  promising. What I argue in the book is   that we need to go a different direction. We  need to follow the strategy of the framers,   actually, who were not allowed to create a  new constitution but amend the Articles of   Confederation. And during the next mass uprising  to be able to recreate a direct democratic   governance system from below by taking over  and running the economic system democratically. RW: Thank you very much Robert. You're a good  teacher and you're a good disciplinarian of   yourself, which many of our guests can't  quite manage. So thank you very, very much,   you've done it in record time. I think people have  a lot to think about. And to my audience I hope   you found this as useful as I did. And as always I  look forward to speaking with you again next week.
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Channel: Democracy At Work
Views: 58,413
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Keywords: Richard Wolff, democracy, work, labor, economy, economics, inequality, justice, capitalism, capital, socialism, wealth, income, wages, poverty, yt:cc=on, Robert Ovetz, We the Elites, US Constitution, amendments, Congress, House of Representatives, legislations, Founding fathers, laws, The Articles of Confederation, private property, minority power, property, banks, Sove, Silicon Valley Bank, Signature Bank, banking crisis, plant closings, Paper mill closing, homelessness
Id: IYXnfufDLz0
Channel Id: undefined
Length: 29min 57sec (1797 seconds)
Published: Mon Mar 27 2023
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