Alternative Ethics

 

“Let me know when the jail sentence starts.”
— Kellyanne Conway’s contemptuous response to a reporter asking about her repeated violations of the Hatch Act.

Of course White House counselor Kellyanne Conway knows perfectly well there are no criminal penalties for violating the Hatch Act since it is purely an administrative prohibition. Government employees can be reprimanded or fired for violating the Hatch Act, or assessed a fine up to $1,000. There are other disciplinary penalties that the Office of the Special Counsel (OSC) can recommend as well, but none of them include filing criminal charges. The difficulty in disciplining Ms. Conway, however, is that the Hatch Act as currently constituted only allows the OSC to recommend to the president that he fire her, and can do nothing on its own to remove her because she is a political appointee. As applied to Ms. Conway then, the Hatch Act is toothless as long as the president backs her, and she is also very well aware of that fact.


The Hatch Act was pushed forward in 1939 by New Mexico Senator Carl Hatch in response to overt politicking on the job by employees of the Works Progress Administration (WPA) under the Democratic presidential administration of Franklin Roosevelt. It is interesting to note Senator Hatch was a Democrat. Apparently the sentiment at the time was that putting a stop to politicking by federal employees on the taxpayers’ dime was worth bipartisan support. Congress has amended the Hatch Act twice since 1939, though always the toothless nature of the penalties for higher ranking government officials has stood, and as a result presidents have often refused to abide by disciplinary recommendations left up to their discretion.

Kellyanne Conway Speaks to the Press (47751382671)
Kellyanne Conway speaks to the press outside the West Wing of the White House in May 2019. Official White House photo by Tia Dufour.

It’s no surprise the current president has dismissed the recommendation by the OSC that he fire Kellyanne Conway for her repeated violations of the Hatch Act and her disdain of ethics restraints. She is the kind of person he likes best – loyal to him and, when speaking for the administration, a bullsh*t artist, for lack of a more polite phrase which adequately describes her role and abilities. “Spin doctor” doesn’t quite convey her proficiency at spewing outlandish lies, a talent for which her only rival is her boss, the current president. The Oval Office occupant has couched his objection to the OSC recommendation as a violation of Ms. Conway’s free speech right, a dubious argument the Supreme Court has shot down numerous times before in regard to enforcement of the Hatch Act. Government employees are free as always to speak their minds on their own time, but in their official capacity they work for everyone in the country, not merely one political faction.

The people staffing the current presidential administration have little regard for the rule of law as applied to them, and certainly not for an Act dealing with professional ethics that has no legal bite to it. This attitude and tone is set by the current president, for whom laws and ethics and the truth are malleable when applied to him and those he likes. Past presidents and their staffs had at least some little sense of shame, which is apparently what Congress hoped for in 1939 when they passed the original Hatch Act in 1939. Congress must have hoped for voluntary compliance under the pressure of public shame and political calculations. They did not foresee an administration that behaved utterly without shame and invented alternative facts.

Michelle Wolf comments on Kellyanne Conway in this clip from a February 2017 episode of The Daily Show, hosted by Trevor Noah. Warning: foul language.

The worst actors in the current administration, such as Kellyanne Conway, have nothing but contempt for any rules that cannot threaten them with prison if they don’t comply. She and the president she serves are going to do the right thing only when it suits them to do so, not if it only serves the interests of the country. Recently some Democrats in Congress have put forward a bill to amend the Hatch Act in order to redress the lack of enforcement power of the OSC when pursuing complaints against senior political appointees. If the bill passes, presidents will no longer be sole arbiters in such cases. If the bill passes and Kellyanne Conway continues violating the Hatch Act by advocating partisan political issues in her official capacity, she still won’t end up in jail, but she and her boss may have to pay some real political consequences, which is the only thing they understand . . . maybe.
— Vita

 

Too Hot for School

 

There never was any truth to the notion that schools closed in the summer so that farm children could help out with chores at home, and the real reason had to do with urban schools having low attendance in the summer and teachers and administrators wanting a summer break to escape city heat in the days before air conditioning, as well as using the extended break to pursue avocations or take temporary jobs. Farm children were needed at home in the spring for planting, and then again in the fall for the harvest. While it’s true farm work never slacks off entirely, particularly when animal husbandry is involved, there still were lulls in the summer and in the winter when children could attend school. Through most of the nineteenth century, a short school year was sufficient for farm children who had no ambitions in learning beyond the sixth or eighth grade. Farm children who had greater ambitions resorted to supplementing their learning on their own when they could, much like what we know about how Abraham Lincoln learned to become a lawyer.

 

The modern summer break came about instead from the needs of urban school administrators and the upper and middle economic class students and their families who supported many of the schools. The needs of poor students and their families, as always, hardly entered into the concerns of the rest of society. Before school attendance became compulsory in the late nineteenth century, urban schools were open year round, but often were only half full, and even less than that in the summer. School administrators eventually came around to following the model of colleges by closing for the summer so that students and teachers could pursue other interests outside the baking cities, leaving behind only enough staff to help students who needed to take extra courses of learning during the break. Public health officials added their approval to emptying out the schools in summer because they deemed the hothouse conditions unhealthful in general, and not conducive to learning in particular. By the early twentieth century school administrators had generally adopted the summer break, which started in late May or early June, and ended in late August or early September.

September - back to work - back to school - back to BOOKS LCCN98509757
A 1940 Works Progress Administration (WPA) poster promoting reading and library use upon returning to school in September after the summer break.

The system appeared to work well for most of the twentieth century. Rural schools synchronized their schedules with those of their urban counterparts so as not be left behind as it became increasingly clear a high school diploma was the minimum academic achievement necessary in modern society. The tourism industry could count on a steady source of both customers and labor during the two to three month summer break. The American public school system ranked highly among the school systems of other industrialized nations, even with its extended summer break. Then in the late twentieth century alarm bells started sounding about the supposed failings of that highly successful public school systems, the details of which are beyond the scope of this article, and so in effort to increase academic rigor, or at least appear to do so, school boards have been eroding the summer break, largely on the back end.

Satterfield cartoon - Back to School (1913)
A 1913 “Back to School” cartoon by Bob Satterfield (1875-1958) that captures how most children have always viewed the occasion.

 

In many school districts, fall semester classes now start in the first weeks of August. School may have ended in mid-June, leaving less than two months for the summer break. And yet still academic achievement appears to be falling, at least among the middle and lower economic classes. That also is another article for another day. For today it is sufficient to point out that the public school system does not exist in isolation from the greater society, and lackluster academic achievement by the students cannot be remedied merely by making them sit at their desks for more days every year.

The problem is in quality, not quantity. The society as a whole is fracturing, and the problems with poor learning begin and end in the home. The long summer break enacted by the twentieth century public school system was an excellent compromise that worked well for nearly everyone except families that had both spouses working outside the home. That presents a difficulty today, too, but the answer is not in charging the public schools with child daycare duties and calling that increased academic rigor. It’s not. August is too hot for school, in air conditioned facilities or not. August is for causing students anxiety about the imminence of schools reopening when they start seeing “Back to School” sale advertisements, which now also draw the attention of their teachers, who too often feel pressed to use their own money to buy supplies for their students. July is too early for a return of that unique schooldays anxiety, especially when schools closed only a few weeks before, in June.
— Vita

 

Don’t Look Now

 


National Ice Cream Day came and went on July 16, but in case you missed celebrating it, there are still plenty of opportunities to do so even if you are only a hot weather ice cream eater. In 1984, President Reagan set aside the third Sunday of every July for celebrating the frozen treat, timing it to occur smack in the middle of summer. By 1984, the ice cream maker Ben & Jerry’s, founded by Ben Cohen and Jerry Greenfield in Vermont in 1978, was gaining traction regionally in New England and within a few more years would start opening ice cream parlors in the rest of the country and selling pints of its ice cream in stores nationwide.


Children's paintings-sculpture-prints, WPA poster, 1936-41
Works Progress Administration (WPA) poster, circa 1938, for the Federal Art Project, Art Teaching Division exhibition of children’s art in Brooklyn, New York, showing a child’s painting of a cow in a field.

 


By 2000, Ben & Jerry’s had become a publicly traded company, and when the multinational corporation Unilever made an attractive offer for the company, Mr. Cohen and Mr. Greenfield yielded to shareholders’ demands and sold the company. Since 2000, Unilever has retained the same look to the product packaging, and kept Cohen and Greenfield on the payroll as front men for the Ben & Jerry’s brand, though the two have limited input and no authority. Some loyal customers of the brand may still be unaware the company is no longer run by Ben Cohen and Jerry Greenfield; others may not care.


There is reason to care, however, on the part of those customers who continue buying Ben & Jerry’s ice cream in 2017 at least partly because of the reputation the former owners established in working for social justice and environmental causes. Unilever still allows their front men to put that kind of thing front and center when it comes to selling ice cream, but the multinational giant operates differently on the production end in how it treats cows and human workers who are the source if its business. To begin with, the phrase “All Natural” on the label means nothing. Ben & Jerry’s ice cream is not certified organic by the United States Department of Agriculture (USDA), which is a label that would have some meaning to consumers concerned about healthy ingredients in their food, though it would not assure them that cows were being treated humanely in the production of milk for ice cream, or that workers were being treated well and paid fairly.

 


Ben & Jerry's truck
Truck from Ben & Jerry’s in Waterbury, Vermont, August 2006; photo by Hede2000.


Recent accounts of the production of Ben & Jerry’s ice cream under the stewardship of Unilever state that the company fails in all areas except continuing to charge a premium for the pint containers of its greenwashed product. People will pay a premium for high quality, to be sure, but some conscientious and health conscious individuals will also pay a premium for a product that is produced in a humane and environmentally sensitive way, among other things. Corporate executives have learned this and smelled profits in it. But hewing to those goody two-shoes methods can be expensive and appear costly on the fiscal quarter balance sheet. What to do? Produce the ice cream with low wage labor, even below minimum wage where you can get away with it, and subject the cows to factory farm confinement conditions. That keeps production costs low, while the price at the store stays high because of the goody two-shoes reputations of your front men. What’s that smell? Profits!


Cows on a farm - by Eric Dufresne
Cows on a farm; photo by Eric Dufresne.


Testing of Ben & Jerry’s ice cream has shown traces of Roundup in it. The amounts are within federal regulatory limits for supposedly safe consumer ingestion, but still this is Roundup (active ingredient – glyphosate) in a product that touts itself as environmentally and socially concerned. That is greenwashing. The happy cows depicted in pastures on the packaging bear no relationship to the reality of cows in confinement and fed grain from Roundup ready Genetically Modified Organisms (GMOs) instead of the pasture forage that is their natural diet. That is greenwashing. The company exploits human workers, too, despite the support of the founders for Vermont Senator Bernie Sanders and his progressive initiatives, one of which is the Fight for $15 (raising the minimum wage to $15 an hour). That also is greenwashing, and it stinks like hypocrisy for the sake of corporate profits.
― Izzy