The Curse of Bigness

 

TIMEMagazine19Oct1925
A portrait of Louis Brandeis on the cover of Time magazine on October 19, 1925.

Before he was an associate justice on the Supreme Court of the United States from 1916 to 1939, Louis Brandeis was a progressive lawyer fighting the big monopolies, or trusts, of Gilded Age America. He termed the corrosive effect on democracy of unrestrained business practices “The Curse of Bigness”, and after he joined the Supreme Court he maintained his interest in restraining business interests from trampling the rights of ordinary citizens.

Now President Biden has appointed Lina Khan to the chair of the Federal Trade Commission, and her appointment signals a return to the principles of Louis Brandeis. Lina Khan is an antitrust lawyer and legal scholar who, as a student at Yale Law School in 2017, wrote an article called Amazon’s Antitrust Paradox. The article drew widespread attention for her ideas about how the conventional wisdom of the past 50 or so years regarding regulation of the marketplace based on consumer prices no longer applied in the age of Amazon, a company willing to engage in predatory pricing and use vertical integration in order to stifle competition and monopolize the marketplace.

A profile of Lina Khan in Time from October 17, 2019.

 

Prior to Ms. Khan’s appointment, another antitrust lawyer and legal scholar, Tim Wu, joined the Biden administration as a Special Assistant to the President for Technology and Competition Policy on the National Economic Council. Mr. Wu is known for helping to write the first network neutrality rules in work for the Federal Communications Commission in 2006. In 2018, he wrote The Curse of Bigness: Antitrust in the New Gilded Age, a book which paid homage to Louis Brandeis and his antitrust work of the Progressive Era.

Climate strike (49534187193)
A Climate Strike protester with an anti Bezos sign in London on February 14, 2020. Photo by Flickr user Socialist Appeal.

With these two people now in key positions in the federal government, perhaps efforts to rein in, or even bust up, big technology companies such as Amazon, Google, Apple, Facebook, and Microsoft, will finally be undertaken seriously and with persistence. In the past, these Big Five technology companies have largely escaped with slaps on the wrist after fitful investigations into their practices.


Supreme Court Justice Ruth Bader Ginsburg answered questions from Brandeis University students at an event in January 2016 commemorating the 100th anniversary of Louis Brandeis being nominated to the Supreme Court by President Woodrow Wilson.

 

As Louis Brandeis understood, and as is apparent from the writings of both Lina Khan and Tim Wu, setting regulatory boundaries for these behemoth businesses not only ensures they act fairly in the marketplace, but protects democracy from their tendency to squash individual liberties when they conflict with their self-interest. And the bigger and less competitive these companies become, the more their self-interest consumes everything in their vicinity, like a beast that can’t stop growing and must swallow anything in its way.
— Techly


An unofficial remix of the 2021 songs “Bezos I” and “Bezos II”, written and performed by Bo Burnham for his album and Netflix special, Bo Burnham:Inside. Warning: foul language.

 

Time to Grow Up

 

Alice par John Tenniel 21
In this illustration by John Tenniel (1820-1914) for Lewis Carroll’s Alice’s Adventures in Wonderland, Alice encounters the Duchess and a squalling baby, as well as a cook and the Cheshire-Cat.

In a speech on January 15, President-elect Joe Biden condemned Republican members of Congress who refused to wear masks while locked down in close quarters during the insurrection by dangerous right wing loonies at the Capitol building in Washington, D.C. on January 6. Biden praised Delaware Representative Lisa Blunt Rochester, a Democrat, for offering masks to her colleagues, and he then commented on the Republicans who refused masks, among whom was macho man Representative Markwayne Mullin from Oklahoma, saying, “What the hell is the matter with them? It’s time to grow up!”

Indeed it is long past time for anti-maskers, QAnon conspiracy nuts, and all the other right wing loonies to grow up. Sane people have run out of tolerance for their antics and ravings. The refusal by some Republican members of Congress to wear masks in one part of the Capitol building while the rest of it was being overrun by seditious rioters may seem like a small thing, but the two actions are nevertheless equivalent in their reckless disregard for others. Since the wing nuts will most likely refuse to grow up just as they refuse masks, then perhaps after Inauguration Day on Wednesday the rest of the country can ignore them more easily once their cult leader is out of power.

DC Women's March - 32074289650 05
Demonstrators at the Women’s March in Washington, D.C. on January 21, 2017 wear Pussy Hats. Photo by Liz Lemon.

Pelosi thanking National Guardsmen protecting capitol during the second impeachment of Donald Trump (2)
Speaker of the House Nancy Pelosi thanks men and women of the National Guard protecting the Capitol during the second impeachment of the outgoing president on January 13, 2021. Photo from the Office of Nancy Pelosi.

Maybe after four long, horrible years of darkness, relations of all kinds will have an opportunity to breathe and become vital again once all the available oxygen isn’t being sucked up by a malignant narcissist in the White House and his vicious, tantrum-prone followers. Maybe soon we can get back to working on the real problems which bedevil us, undistracted by the cries for attention of whiny, overgrown toddlers.
— Ed.

Pussy Grabber In Chief spotted at the Capitol with his mouth full (32451189815)
An effigy of the Pussy Grabber-in-Chief gagged by what appears to be a Pussy Hat during the D.C. Women’s March on January 21, 2017. Photo by Lorie Shaull.

 

So Long, Joe

 

The Democratic Party establishment is in a panic after Vermont Senator Bernie Sanders’s convincing victory in the Nevada presidential primary on February 22. An easy way to gauge the reaction of the Democratic Party old guard is to watch their mouthpieces spout off on MSNBC, the network that pretends to be at the forefront of liberal politics but in reality protects the interests of corporate Democrats like Hillary Clinton and Joe Biden. MSNBC is, with some reservations due to being more grounded in the real world, the opinion molder for many Democrats in a similar fashion to how Fox News affects Republicans.

 

This year the Democratic Party establishment had the fix in for former vice president Joe Biden the same way they had the fix in for former secretary of state Hillary Clinton in 2016. She lost the election, but hey, she won the popular vote! So what? So a surplus of a few million people, mostly in California and New York, voted for Hillary Clinton. It didn’t matter because their votes didn’t count as much as the votes of a few tens of thousands of people in Rust Belt states such as Wisconsin, Michigan, and Pennsylvania. So the Democratic Party establishment had decided to do it all over again, this time with Joe Biden as their old guard hack.

CTU Strike 'Democratic Party, Where Are You?'
A banner displayed by striking Chicago teachers in September 2012 questioning the real interests of Chicago Mayor Rahm Emmanuel and his Democratic Party colleagues. Photo by Flickr user Groupuscule.

The old guard claims their anointed one is the most electable in the general election, a higher priority than ever now that everyone has had nearly four years experience of the alternative, the current president. Everyone, progressive and corporate Democrat alike, agrees four more years of that will destroy the republic as well as the Democratic Party. The old guard deploys fear of four more years of the current president to maintain themselves in power at whatever cost in lies and money. Claiming that only their front person has electability in the general election didn’t work in 2016, and it won’t work in 2020.

The reason is lack of broad appeal to potential voters who are inclined to sit on the sidelines instead of getting behind a corporate Democrat like Joe Biden. The Democratic Party establishment persists in under counting and under cutting the progressive, Socialist portion of the party because it scares off their backers on Wall Street and in corporate boardrooms. The country, and the Democratic Party in particular, are more liberal than the establishment and the corporate media will admit.

Woody Guthrie wrote and performed “So Long, It’s Been Good to Know Yuh (Dusty Old Dust)” in 1935. The policies and appeal of the president at the time, Franklin Roosevelt, would not look out of place today in the campaign of Bernie Sanders, yet conservative corporate interests in politics and in the media persist in portraying Senator Sanders and his supporters as fringe radicals.

The resulting propaganda from outlets like MSNBC convinces some voters that a presidential candidate such as Bernie Sanders would represent only a fringe of the Democratic Party, while Joe Biden or Michael Bloomberg or Pete Buttigieg would represent the mainstream of the Party, and therefore would be the only electable choice for the more conservative general populace. That’s not true. Look at the results in Nevada.
— Ed.

 

Turnout, Turnout, Turnout

 


Like the mantra “location, location, location” in real estate, there may be an operative phrase in political elections, and it is “turnout, turnout, turnout”. One year away from the 2020 presidential election, centrist, party-line Democrats are most concerned with “electability”, and before the primary season has begun they have anointed Joe Biden as the most “electable” candidate. Their overriding concern for electability is understandable considering the crucial importance of the 2020 presidential election. What they don’t seem to account for is how their idea of an electable candidate may depress turnout, an outcome that tends to favor Republican candidates.


Democratic voters outnumber Republican voters, and therefore high turnout elections tend to favor Democratic candidates. The reason low turnout elections favor Republicans is because the percentage of eligible Republican voters who turn up at the polls does not vary as much as the percentage of eligible Democratic voters who actually vote. One can get deeply into the weeds on the demographics behind this behavior, but it is sufficient to note here that it is a long standing trend and will likely continue on Election Day in 2020.


2008 voting line in Brooklyn
A line of people turned out to vote in Brooklyn, New York, in the November 2008 election. Photo by Flickr user April Sikorski.


In the 2016 election, the Democratic Party establishment crammed down the throats of Democratic voters a candidate who did not generate widespread enthusiasm. The Democratic Party since the days of Franklin Roosevelt has included a more diverse coalition of voters than the Republican Party, and Democrats as a result are less interested in toeing the Party line for the sake of an election than are Republicans. Some Democrats who were lukewarm on Hillary Clinton either defected to third party candidates or did not vote at all. That she nonetheless won the popular vote by nearly 3 million votes was not a statement for her popularity as much as it was a statement about the unpopularity of her Republican opponent.


Voting machine lever
Voting machine lever, pictured in January 2008. Photo by Pauljoffe. The last of the old lever voting machines were used in the midterm elections in New York state in 2010.


The erroneous polls leading up to Election Day in 2016 also were a factor in Ms. Clinton’s loss in the real decider of presidential elections, the Electoral College. Polls predicting not only a Clinton victory, but a possible landslide, were perhaps a factor in depressing Democratic turnout around the country enough that it made a difference in the outcomes in Wisconsin, Michigan, and Pennsylvania, swing states that the Republican candidate won by a total of less than 100,000 votes, tipping the Electoral College in his favor. The demographics of Democratic voters are such that they are more likely than Republican voters to skip voting for a variety of reasons, among them being the appearance from polls that their candidate already has the election in the bag.


Overconfidence will likely not be a stumbling block this time around since everyone who has been paying attention even a little bit to developments in this country since January 20, 2017, should be well aware by now of the high stakes involved in the next presidential election. It is not hyperbole to state there has not been as crucial an election for the continuance of our democracy since the election of 1860. The corporate, centrist minority of the Democratic Party is determined to trot out yet another corporate, centrist Democratic candidate in the 2020 election, whether that be Joe Biden or, in case he falters in the primaries, Pete Buttigieg. The Democratic Party establishment keeps hammering away on “electability”, even more now than in 2016 because the mental case currently despoiling the country from the Oval Office is a known quantity after three years and for the sake of the country must not be allowed to continue in power past January 20, 2021.



“Do It Again” by Steely Dan, from their 1972 album Can’t Buy a Thrill.

 


The Democratic Party establishment refuses to see a move to the left as an opportunity in the coming election. Why would they, since that is not where the corporate masters want them to go? Voter demographics, however, are leaving behind the Democratic Party establishment as currently constituted, as well as leaving behind the Republican Party more generally. Whether that will have an enough of an effect at the polls on Election Day 2020 to make a difference depends on turnout, and that depends on enthusiasm for a Democratic candidate as much as it does disgust about what the presumptive Republican candidate has done to the country and will continue to do if re-elected. Demographic changes won’t make a bit of difference in moving the nation to the left or in booting out of the Oval Office the cancerous tumor currently infesting it if the people representing those changes don’t show up at the polls and vote.
— Ed.