Family Patterns?

The other day I got to thinking – again – about how family affects children, sometimes long after they’re children.

My father was an attorney, but he’d just passed the bar exam and married my mother in June of 1941. After Pearl Harbor, he applied for a commission in the Navy. He was accepted and spent the next five years as a Navy officer, largely as communications officer on a fast troop transport that saw a great deal of action in the Pacific. After the war, he returned to law but remained in the Naval Reserve until multiple back operations required medical retirement. Although his legal expertise was securities law, he also loved literature and wrote a number of short stories on the side but was unsuccessful in getting any published. He also played the piano and wrote songs, and was offered a job in Hollywood, but chose law school instead. He became quite successful as an attorney and even was a town councilor and mayor protem of a small town outside Denver.

I definitely did not inherit any musical talent, but I was headed for a legal career and was two years into college during the early part of the Vietnam War when the Cuban Missile crisis occurred. I realized that as a healthy and athletic young man I was far too likely to be drafted, and I had no desire to be in the Army. So I joined the Naval Reserve in the ROC program (since abolished) which required regular reserve meetings and OCS training for two summers. I graduated on schedule and was promptly ordered to duty as an ensign assigned to an assault boat unit. I was soon deployed to Vietnam, but not before applying to be a Naval Aviator. I had a short deployment in Vietnam before my orders came through for flight school. Somehow, I survived flight training and four years as a helo driver (both carrier and non-carrier postings in the Pacific), after which I had to decide whether to go career or leave active duty.

Along the way, I realized that while I was a more than competent pilot, I was not a great pilot. So I opted for civilian life and applied to law schools. I was accepted… and came to the conclusion that I really didn’t want to be a lawyer. Instead, I took a job as an industrial economist, which didn’t work out, then failed miserably as a real estate agent, before spending a year writing short stories, and selling far too few to support a family (and four children by then).

I was involved in local politics and that led to a temporary job as a campaign researcher and writer, which turned into a position as a legislative assistant in Washington, D.C., followed by other political positions most often held by lawyers, eighteen years worth. All the time, I was writing and getting published on the side, until I finally left Washington for New Hampshire to become a full-time writer.

And, in a way, I ended up with a life-pattern far more like my father’s than I’d ever anticipated, or realized until recently, although he stayed married and totally in love with his college sweetheart from the time he met her until he died more than 60 years later, and it took me three tries on that front (but my wife the opera singer and college professor and I have been married for 34 years).

Then, as she, and my offspring, well know, I can be totally clueless about some aspects of life.

The One Thing

How many times have you read an article or heard a commercial saying that there’s just one thing that you just HAVE to have? I suppose there are occasions where this might be true, but I suspect that’s largely an overstatement. There are certainly products that can make life easier, but in my experience, the items one has to have fall into three categories: (1) those you must have and already possess; (2) those you must have and cannot afford or cannot obtain; (3) those you need but don’t realize that you need (often until it’s too late to avoid damage, disaster, or mere inconvenience).

But beyond that, the idea that there’s just one product or service that’s vital tends to ignore a basic fact of life. Everything requires something else. Fire requires oxygen, a fuel source, and a means of ignition. For that fire to last requires a benign environment or protection from a hostile environment. Even a simple screwdriver requires the right tip to fit the screw and enough force/torque to screw or unscrew.

As a different facet of this dynamic, when a disaster occurs, too many analysts (and media pundits) immediately start searching for and speculating on what principal factor led to that disaster. Only in very rare cases does a disaster result from a single factor or failure. Often, a disaster is caused by a combination of factors, many of which may be minor in themselves, and all of which were required to cause the disaster.

But multi-factor analysis isn’t usually the strength of the media, besides which, multiple contributing causes don’t grab the headlines or draw the attention to the products of the organizations sponsoring media outlets.

So, the “one thing you have to have” and the one failure that caused the disaster will remain a staple of the news/commercial media for now… and likely for so long as money and human nature dominate news and commerce.

Ex Post Facto

The other day, I got to thinking about why the Department of Homeland Security could unilaterally change immigration laws so that people who were legally in the country one day were classified as illegal immigrants the next. To me that seemed so at odds with the ex post facto clause in the Constitution.

The answer to that question is a bit frightening.

While the Constitution prohibits specifically retroactive laws (Article I, Section 9, Clause 3), this prohibition applies only to criminal cases, not civil matters, and immigration is considered a civil matter, even when the government is using criminal justice mechanisms, such as incarceration facilities and police powers, or carrying out actions like deportation or visa revocation.

Despite the fact that immigration is considered a civil matter, illegal immigration is made a federal crime in the United States, primarily through 8 U.S.C. § 1325 (Improper Entry by Alien) and 8 U.S.C. § 1326 (Reentry of Removed Aliens)

The classification of immigration as a civil matter is not addressed in the Constitution, but was established by in Fong Yue Ting v. United States, 149 U.S. 698 (1893). This ruling also determined that deportation is not “punishment” in the legal sense, but rather the government’s refusal to allow someone to remain, and because they are not considered “punishments,” Congress or the Executive Branch can retroactively apply new immigration grounds for exclusion, even if those grounds did not exist when the non-citizen entered the country. In addition, statutes, such as those that make past criminal activity grounds for deportation (e.g., membership in certain organizations or criminal behavior), can be applied to actions taken before the law was passed.

So, if every major law dealing with unauthorized immigration is a criminal statute, how can immigration enforcement be a merely civil matter?

As a side note, while subsequent Supreme Court decisions have maintained the legal fiction established by the Fong Yue Ting precedent, I can’t find any legal reason why Congress couldn’t pass a law declaring that any immigration proceedings should be considered as criminal matters, given that the government is already treating them that way, except without many of the procedural safeguards required Constitutionally in criminal proceedings involving U.S. citizens.

Patterns

In 1915, Amy Lowell wrote a poem entitled “Patterns,” most likely set in the time of The War of the Spanish Succession, about love constrained and lost by adherence to patterns, particularly social patterns and patterns of expectation.

Patterns are everywhere in nature, simply because patterns are a form of order, and life, and even the universe, requires order. But the closing line of Lowell’s poem asks, “Christ! What are patterns for?” A strong poetic suggestion that patterns in excess are anything but good.

In a very different context, laws attempt to impose patterns. Those patterns are meant to create societal order, but enforcing laws in excess can be tyranny. That’s one reason most societies have legal procedures and courts – to determine how the patterns of law should be imposed, and in what instances that such patterns should not blindly apply.

In dictatorships and authoritarian societies, patterns are imposed absolutely, and too often now, ICE is following that example here in the U.S.

The problem with ICE and its actions lies in the working assumption that anyone not legally in the United States is de facto a criminal and evil, and that they all can be treated in the same way.

What makes this worse, and I’d say evil, is that the Trump Administration, with various strokes of the pen, have turned tens of thousands of people who were here legally one day into illegals the next by revoking various policies of past administrations, ranging from broad cancellations of student visas to revoking work permits for refugees and others, and removing amnesty protections.

ICE agents are also too often applying a specific pattern (skin color) in initially approaching and detaining individuals.

Lowell’s question applies even more today. Exactly what are patterns (or laws) for?

The Bullies Behind the “Bully Pulpit”

Theodore Roosevelt often referred to the Presidency as a “bully pulpit,” meaning that it was a powerful platform to shape public opinion and advocate for his agenda, but Roosevelt used the word “bully” in its original meaning of “superb” or “wonderful.”

Unfortunately, Donald Trump is just using the Presidency to bully anyone who disagrees or opposes him, and too many federal officials, particularly Kristi Noem, Pam Bondi, and Pete Hegseth, are following that example.

The ICE agent who killed Renee Good didn’t shoot her because she attacked him, but because she politely “disrespected” him… and neither ICE nor DOJ will even look into charging that agent for murder. Death for polite disrespect, and not even a hint of interest in justice? Not to mention baldly lying about the actual circumstances of the shooting.

Pete Hegseth is gunning for Senator Mark Kelly for quoting a part of longstanding military doctrine that Hegseth doesn’t like, possibly because Hegseth follows the Nixon doctrine that no command by the President can be illegal. Trump is going after Jerome Powell, whom he originally appointed, because Powell won’t push for lower interest rates the way Trump wants. Trump’s also trying to punish any city or state that voted against him. He even took away aid for a water pipeline in Lauren Boebert’s district (one of his strongest MAGA representatives in Congress) because Colorado hasn’t “fallen in line.”

There are scores of other examples, large and small, and far too many Americans seem indifferent to what’s happening… at least until it affects them.

No one and no country is off-limits. Right now, Denmark and Greenland are targets because they understandably don’t want Greenland purchased or annexed by the U.S. Earlier, Trump targeted Canada because Canadians don’t want to be “the fifty-first state” and because Ottawa put up large posters declaring, “Tariffs Are a Tax on Hard-Working Americans,” reminding Americans that Trump is part of the cause of higher U.S. prices.

If you’re a public figure and you say or write something that Trump and his lackeys don’t like (especially if it’s true), you risk having your life torn apart, if not worse. And heaven forbid you try to point out, even politely, illegalities to ICE.

I much prefer Theodore Roosevelt’s “bully pulpit” to Trump’s… and so should thoughtful Americans.