Showing posts with label Private Enterprise. Show all posts
Showing posts with label Private Enterprise. Show all posts

Thursday, April 22, 2010

YOU'RE NOT SUPPOSED TO BE SATISFIED WITH YOUR JOB : A RESPONSE TO MALCOLM GLADWELL

AN ESSAY

In Outliers, Malcolm Gladwell analyzes "successful" lives in the United States. In large part, he focuses on work: What draws "successful" people to their work, and why do they enjoy it? In broad outline, he asserts that "satisfaction with work" involves three distinct criteria: (1) Autonomy: You must have control over what you do; (2) Complexity : Your work must involve fresh mental challenges, not mind-numbing repetition; and (3) Connection between Effort and Reward : You must receive compensation in an amount that fairly correlates with the amount of effort you believe you have expended. Gladwell says that all three criteria must be present for a person to "enjoy their job."

I agree with Gladwell that people who have autonomy in their working lives "enjoy" their work far more than people who receive condescending orders all day in a suffocating corporate hierarchy. I also agree that people who face fresh new tasks every day enjoy their jobs more because they do not burn themselves out endlessly doing the same thing day after day. And I agree that people who get paid what they think they deserve obviously feel better about working than people who receive virtually nothing for ceaseless effort.

But who the hell fulfills any of these criteria at a typical American job, let alone all three? Gladwell's formula might be accurate, but it is essentially inapplicable: In America, our employment system is not designed to grant autonomy, complexity or fair rewards. To the contrary, it is designed to suppress autonomy, eliminate complexity and pay the least for the most effort. This is the sad truth. And it is no one individual's fault: It is the fault of private capitalism and its tendency to instrumentalize human beings for private profit. And this is also why no one is really "happy" at their job, at least under the Gladwell criteria.

Gladwell's criteria are antithetical to a private employment system committed to corporate profit. In America, most working people are corporate employees. That means that they serve an incorporeal legal entity that is, in turn, established to enrich those who own it. As such, they are mere pawns in a vast machine that is not working for them; it is working for the shareholders. Indeed, they are not just practically working for the shareholders. They are legally bound to act in their interest. Corporate employees are "fiduciaries." That means they must set aside their own personal interests to serve the corporation. If they put their interests first, they could face a lawsuit for "breach of loyalty."

In this environment, "autonomy" is anathema: Corporate employees must know their place in the hierarchy. They do not control their working lives. They receive orders from supervisors, branch office managers and other "higher-ups." They do as they're told, not as they want. While they might have "illusory" autonomy over a few meager peons in the mail room, in reality they are just pieces in a larger corporate jigsaw puzzle. They have no autonomy. They are instruments. In this light, it is impossible for the vast majority of American employees to meet the "autonomy" prong of Gladwell's analysis. As such, they cannot be "satisfied with their jobs."

Private capitalist employment systems also make "complexity" an impossible goal. In most corporate settings, employees exist for a single reason: To perform a discrete task calculated to maximize corporate earnings. Companies do not expect complicated thinking or novelty from their employees; they expect employees to learn their role and do it every day--forever. After all, companies operate under the so-called "profit principle." They expect a certain profit every month, and they hire employees to carry on the operations necessary to win that profit. If the employee deviates from his expected role, he threatens the profit margin. That is unacceptable. As such, employees cannot rightly insist on "complexity" in their jobs. That would contradict their purpose in the corporate scheme. They exist to do one thing: Process claims; answer phones; file papers; send mail; appear in court; put shoelace in shoe; hammer nails; the list goes on.

Employees are like machine parts. What good is a cog if it insists on being a wheel? Cogs must be cogs and nothing else. That is how our system works. And that is why it is impossible to achieve "complexity" in most American jobs. It would undermine the entire reason why employers hire people: To transform them into single-minded profit generators who do a simple task and no more.

Finally, our private capitalist system also heavily disfavors a "connection between effort and reward." Companies do not employ people to pay them what they think they deserve. Rather, companies exist to generate a particular profit level for their owners. To generate that profit level, managers must examine two factors: Income and expense. Employees are an expense. But they are necessary to generate income, too. Thus, employees represent a "profit balancing act" in the corporate scheme. They must be paid; but never so much that their salaries threaten the expected profit. Employee effort has nothing to do with it. It is all about numbers-crunching to satisfy the shareholders. While a happy employee would certainly like to get money commensurate with his long hours, employee satisfaction is not the goal. Employers don't care whether their employees think they are getting a fair deal. They don't care whether employees feel that they are getting comparatively nothing for their effort. None of that matters. Only the profit margin matters. In that light, almost no American employees--or any employees in a strictly capitalist system--can insist on a "just" connection between their effort and reward. After all, it is not about them. It is about the shareholders.

Considering all these things, it is no wonder that almost no one "likes their job" in the United States. Those who say they like their job are probably just being dishonest with themselves. Perhaps they meet one factor from Gladwell's test and mistake it for true happiness. Maybe they get to perform a novel new task every Thursday and now think their work is "complex." Maybe they have a few college students to supervise and now think they have "autonomy." Or maybe they got a $500 Christmas bonus for working 2500 hours last year, and now think they have a fair "connection between effort and reward." Yet these are all illusory "achievements." They do not change the system. The employee remains firmly under the corporation's control. And he remains instrumentalized: He exists solely to generate profit in exchange for the smallest paycheck possible in the circumstances.

Some will say I am exaggerating how many people cannot meet Gladwell's test for "work happiness." Some will say that only certain job "classes" cannot achieve autonomy, complexity and just reward for effort. But I know from experience that so-called "better jobs" are no more satisfying than "lesser jobs" under Gladwell's standard.

I was a lawyer. People think that lawyers are all rich and have wonderful working lives. They are "professionals," so they must have autonomy. They are highly educated, so they must encounter interesting, new and "complex" work every day. And they obviously must make a lot of money from their effort.

Yet that was not the case: I was a pawn in our law office. I had virtually no autonomy. I had to follow instructions from senior lawyers and the firm's boss. I received harsh criticism and discipline for failing to know my place. I was reprimanded for suggesting novel ways to approach old problems. In short, I was low on the totem pole. I did not control my own destiny. And it felt really bad.

Neither was my work "complex." I did the same things every single day. I filed papers, I made phone calls, I met with clients. Then I consulted with my boss and we discussed how to make the most money from cases. True, the work involved technical expertise that I learned in law school. But it was all dismally formulaic. It was horribly boring and stressful at the same time. It was always the same. There were knee-jerk responses for every type of case. We even sent the same standard questions to opposing counsel in every case. The details may have changed from case to case. But the overall structure was gruelingly banal. There was no "complexity." To the contrary--and applying Gladwell's contrasting term--it was "mind-numbing repetition."

And I certainly did not receive a reward to equal my effort. I made $50,000 a year in the law firm, without regard to the number of hours I worked. I was at my desk every morning before 8. I normally stayed in the office past 6:30 every evening. I even worked weekends. I brought work home. Yet no matter how much I worked or how much I won for the firm, I got the same lousy $50,000. To add insult to injury, I got a $50 bonus for Christmas after breaking my ass all year for more than 60 hours a week. My friend got nothing, so I guess that made me "lucky." In short, there was no connection between my effort and the reward I received.

I mention all this to show that every working person in America faces the same insuperable challenges. Lawyers and Fed Ex deliverymen grumble about the same thing. They are both dissatisfied with their work because they are instruments in the same private capitalist system. The same "profit principle" applies to them. And the "profit principle" does not exist to make workers happy; it exists to enrich owners. That is why Gladwell's test for "work happiness" is hopelessly utopian. Our system does not exist to grant workers autonomy, complexity or fair rewards. It strips away those things because they are inconsistent with the profit principle. If workers suddenly had autonomy, complexity and fair rewards, corporations would start losing money. That would be unacceptable.

In the end, it does not matter whether people are happy with their work. Sigmund Freud wrote in Civilization and its Discontents that human beings have a "natural aversion to work." Strachey, trans., p. 30, fn 5. Additionally, they can never achieve the autonomy, complexity and just rewards they seek from it. People not only just don't like work; they can't get any satisfaction from it once they begin it.

People aren't supposed to be satisfied with their work. Our system is not designed to satisfy workers. And it functions just fine without satisfying them. In fact, it would break down if it did. In that light, Gladwell's criteria for "work satisfaction" are all well and good. It's just that our system works strongly to ensure that no working person ever fulfills them.

No, the only people who enjoy autonomy, complexity and just rewards in their work are the wealthy owners, employers and entrepreneurs. These are the true capitalists. These are the men who instrumentalize others. These are the men who take home the profit after cutting the paychecks. They control their own destinies. They don't listen to anyone but themselves. They get to do different stuff every day. And they set their own salary. They get it all.

There just aren't that many of them. They don't want newcomers in their club, either. So they keep membership low. That leaves more goodies for them.

They might be miserable, wretched, contemptible, exploitive fuckers. But at least they fulfill Gladwell's factors. They are satisfied with their work. Hey, if you had a mountain of money, called all the shots, did whatever you wanted all day and paid yourself a mammoth salary, wouldn't you be satisfied with your work, too? You know you would.

But that's not you. So shut up, get back to your desk and await further instructions from your supervisor.

Friday, April 9, 2010

FAIR LABOR CONTRACTS? WHAT ARE THOSE?

THE MYTH OF EMPLOYMENT IN AMERICA

PART 3 - CONTRACTS

Commerce would not work without contracts. Contracts provide legal assurance that people will adhere to their commitments. Both commerce and the law presume that men do not naturally hold to their word. But no one would take financial risks if they knew their fellow man would not fulfill his promises. So the law supports commerce by forcing men to do what they say. If they don't, they must face dire economic consequences. Men don't like dire economic consequences, so they adjust their behavior to avoid them.

In theory, contracts reflect a perfectly equal bargain between two perfectly equal commercial parties. One party wants something the other has. Each parts with something in order to gain something from the other. It is not gratuitous; it is methodical. One party suffers detriment in the precise proportion that the other obtains benefit. And there are no flaws in the bargaining process: The law presumes that both parties are rational, shrewd, cynical businessmen who know all the risks before committing to do something. Thus, neither can complain when something goes awry: After all, when two rational, equal adults bargain for something, they have a right to delineate who bears the risk if it does not work out.

But does this sound like commercial reality? Certainly not. In most commercial exchanges, parties are not equal. One party inevitably has more money and power than the other. As a result, the stronger party can leverage his strength to foist more risk and burden on the weaker party. After all, the weaker party needs what the stronger party has. So what authority does the weak party have to influence the bargain? He can take it or leave it. If he leaves it, he does not get what he needs. That is commercial reality: A perennial Hobson's choice. The legal myth of "equal exchange between equal bargainers" is a tiny exception to the rule: Unequal, unfair exchange between parties with gross disparities in power.

I always marvel at inconsistencies between legal myths and practical realities. They always reveal a tension between theoretical aspirations and cruel commerce. After all, theory and reality follow different paths. Just because something exists in theory--as it may in legal doctrine--does not mean that it exists in reality. Theory is just an overlay. Theory concerns objective abstractions; as long as a situation exhibits a few technical requirements, it is "so." But practice is more fluid. It does not restrict itself to formulae or aspirations. In practice, the only inquiry is: "Does it work?" If it works in accordance with principle, fine. If not, no big deal.

In most cases, people just want things to work. That is certainly true in commerce. It is one thing to strike a technically enforceable contract. It is quite another to strike a just one. After all, practical realities reflect existing power structures. Things "work" when they please those who have power. Contracts are usually unfair because they work best when they are unfair. The strong offer terms to the weak in a manner that satisfies legal requirements. As a practical matter, they maintain the unequal relationship. The law has nothing to say about that. And that suits the strong just fine.

On some level, everyone knows this. Everyone suspects that contracts somehow "screw them over." They do not exactly know how. They just know that if the other guy does not deliver, they will have no recourse against him. But if you do something wrong--or if something unforeseeable happens--he will have recourse against you. This is why everyone fears "fine print." It is as if everyone who signs a contract resigns himself to the idea that the bargain is one-sided. They know the "fine print" will work against them when push comes to shove. They just hope it doesn't come to that.

So much for equality in bargaining: Everyone who signs a contract knows that he is subjecting himself to the other's unlimited authority. He doesn't even know how much power he's giving the other guy. He just knows the "fine print" gives the other guy license to do almost anything to him.

I see support for my analysis everywhere. Just yesterday, for instance, I watched a clip from the 1998 movie "Player's Club." In it, Bernie Mac plays a sleazy strip club owner named Dollar Bill. In one scene, his DJ (Jamie Foxx) enters his office to complain about how much money he has to forfeit from his paycheck every week. Bernie Mac looks him straight in the eye and says: "I got a contract between me and you that says you do what I tell you to do. Therefore, shut the fuck up. Don't say nothing, don't speak to me, don't look at me."

That concludes the negotiation. Bernie Mac is the employer with power. Jamie Foxx is the employee without it. The contract symbolizes their unequal relationship. It embodies a fundamental disparity in power. By law, it allows the strong party to tyrannize the weak one; it even allows him to silence the weak one when he complains about the terms. True, the weak party can walk away from the deal. But what if he has mouths to feed? Another Hobson's choice.

These are the practical realities. There is no "equal exchange" between "equal partners" in most commercial relationships. Rather, in most cases, the result is more like the exchange in "Player's Club": One party needs a job and a paycheck; another offers a job and paycheck in return for the power to dictate all the terms and control the employee's conduct. As a practical matter, contracts grant power to one party while subjecting the other to the same power. They generally operate in one direction. And if the weak party complains, the strong party just has to whip out the contract and explain why he has the legal authority to do what he is doing. If there's a dispute, the strong party wins. That's practical reality.

I mention all this because it coincides with my weekly motif concerning employment in the United States. Contracts perpetuate the "Myth of Employment in America" by granting legal authority to strong parties to dominate weak ones. Employment "terms" in America are rarely equal. And they certainly do not reflect full and fair bargaining between two evenly-matched commercial entities. Rather, a weak party needs a paycheck. A strong party offers one; and that gives him the right to dominate the weak party's life in exchange for almost nothing.

According to the law, contracts reflect equality. But practical realities paint a vastly different picture. When it comes to contracts, there is a disparity between law and reality. The real questions are: Who wants what; who's giving it; and who gets to say who does what in exchange for it. Those questions are invitations to tyranny. And when private employers operate under the "profit principle," do you really think they will treat employees in a way that threatens their bottom lines? Certainly not: And that is exactly why contract law allows them to function as they do.

So to all the employees out there who are disgruntled with their lot: "Shut the fuck up, don't say nothing. Don't speak to me, don't look at me."

You signed it. You wanted it (kind of). So live with it.

Go ahead and leave. Think you'll be able to pay your rent if you do? It's your choice.

That's not just practical reality. That's commercial reality, too. It's not a fair game.

Wednesday, April 7, 2010

YOU ARE AN EXPENDABLE (AND EXPENSIVE) INSTRUMENT : THE UGLY TRUTH ABOUT JOBS IN AMERICA

THE MYTH OF EMPLOYMENT IN AMERICA

PART 2 - PRACTICAL REALITIES

During the 2008 presidential campaign, both Barack Obama and John McCain touted their plans to "create American jobs." No matter what subject they discussed--the environment, the military, the schools--they always related it to the "jobs question." The fact that they talked so much about jobs reveals just how much Americans love jobs. In 2008, Americans were certainly worried about jobs; unemployment was rising after the worldwide financial collapse. They wanted jobs. The candidates understood that. So they talked about jobs.

Since 2008, it has not gotten any easier to get a job in America. Unemployment steadily rose through 2009. Many people lucky enough to get a paycheck during this time got it from some "sub-level" job with no benefits and no entitlements. Americans started to panic about their economic futures on a scale not seen since the 1930s. Why? Because there were no jobs out there. No one was hiring. Skilled workers and professionals compromised; they took jobs with much lower pay and responsibilities than they deserved. That, in turn, left unskilled workers holding the bag. There simply were not enough jobs to go around.

Meanwhile, the old American rhetoric continued to churn: "You must have a job. Go to school to get a job. Learn in order to work at a company one day. You can even learn how to find a job by writing a good resume with the right kind of paper. You can learn how to interview properly, answer employer questions and wear the right suit to the meeting." Yet millions of Americans who followed the program did not get what they expected. Graduates who did everything right found themselves completely unable to land even an entry-level scrub job.

"What happened?" they said. "I got all the right grades, wore the right clothes, wrote the right resume on the right paper and answered the interview questions the way I was supposed to. And I didn't get the job?" Either that, or the employer just wasn't hiring in the first place.

Americans are rightly confused about why it is so difficult to get a job. After all, our history has somehow given rise to an expectation that everyone easily gets a job in this country. When we look back through history, it seems Americans have always been working. Europeans immigrated here to work. They built things. They worked in factories. They worked on farms. Later generations continued working. It was almost a matter of right. Historically, then, America has symbolized work: We provided work as inexhaustibly as our mighty lakes provided fish and our vast plains provided wheat. We were the great "Land of Opportunity." There was always something to do here; and we needed all the labor we could get.

Times have changed. But popular expectations have not. That is why Americans are confused about why it is so difficult to find a job these days. And that also explains why modern jobs are not as appetizing as they were in the past.

Americans simply do not understand how the modern free market system works. To understand why jobs are no longer so appetizing or available anymore, we must investigate how labor operates in the free market system. In essence, jobs are scarcer and more demeaning today than in the recent past because employees are little more than expendable instruments calculated to win profits for employers. At the same time, employee advocacy has fallen, while employer power has grown.

We can begin our investigation with two basic premises. First, people only engage in commercial activity for large profits. Second, jobs are contracts for labor offered by those who intend to use the worker's productive capacity to win larger profits. As such, they are not entitlements; they are private, discretionary relationships that may be terminated at any time. They are, so to speak, a "matter of grace" bestowed by those with enough money to pay.

These two premises lead to two basic conclusions. First, because people only engage in commercial activity for large profits, they offer employment to others on the implicit understanding that they will further their ultimate profit goals. That means that employees are only as good as their profit potential. If they do not further the ultimate profit goal, they are expendable. Second, because employment is a matter of grace, not right, employers assume a necessarily superior position over their employees. This results in a permanently unfair relationship in which one party takes almost all the benefit from the other's labor. All the while, he subjects the other party to ruthless control, discipline and indignity. When the laborer works, in other words, his time is not his. It belongs to the employer. And it all inures to the employer's benefit.

We can more closely understand these conclusions by focusing on the "profit premise." The "profit premise" is the best way to understand both why it is hard to get a job and why existing jobs are so precarious. The "profit premise" takes all the guesswork out of employment. It takes all the subtlety and uncertainty from the equation. Rather, it simplifies the inquiry to simple arithmetic: "Does this employee yield more profit to me than he costs me in expense?" Employees, after all, only have value to the extent that their labor vaults the employer toward greater profit. But the problem is that employees also represent an expense. It is impossible to have profit if expenses outweigh income. In that light, employees must "pull their weight." If they do not justify their cost in profit, they will be fired. And if the employer simply does not have enough money to "purchase" an employee in the first place, he will not hire anyone.

This explains why no one is hiring these days: Companies do not have enough money to spend on new employees. Private employers are usually corporations. Corporate officers, in turn, must answer to the shareholders. The shareholders want profits. If new employees mean threatening the existing profit level, corporate officer cannot spend money on new hires. If they did, they would disserve the corporation and undermine the very reason why people do business in the first place: To make money, not lose it. Corporations have no duty to the public; they only have a duty to deliver a constant profit stream to their owners. Corporations would actually violate their raison d'etre if they hired people as a "public service."

It helps to see the "hiring problem" in strictly economic terms. It demystifies the issues. From a job-seeker's perspective, it also makes life in the job market much easier to understand. After all, the "profit premise" makes all non-profit-related concerns irrelevant: It does not matter what clothes you wear to the interview. It does not matter what paper you use to print your resume. It does not even matter how smart you are or what school you attended. No, all those things mean nothing compared to the ultimate question: Does the employer have enough money to invest in your labor potential? If he does not--or he fears that your labor potential will not generate a suitably high profit level--you will not get the job. It does not matter how charming you are, or how good looking or even how qualified. All that means nothing next to the real issues: (1) Does the employer have enough money to gamble on you? and (2) Will the employer make a big profit on your labor?

In other words, your own talents and will have nothing to do with the employer's decision to hire you. If the economy is bad and the company is unwilling to threaten existing profit levels, you will not get a private sector job. End of story.

Understanding the "profit premise" also helps clarify why companies lay people off. Existing employees present a different question than new hires. Once a private business hires someone, a new relationship arises. The employer has new concerns. Before hiring, the question was whether the company had enough money to invest in another person's profit-creating potential. After hiring, the question is whether the employee is adequately productive. From this point, the employer takes on a more evaluative role. He investigates whether the employee is working "hard enough." He compares the profit generated with the amount he must pay the employee in wages. If the wages are greater than the profit--or if the profit is not sufficiently greater than the wages--the employer lays the employee off. He says there were "cost concerns." The investment did not pay off. So the employer cuts his losses and dismisses the employee. After all, it is voluntary relationship. And the employer can say "good bye" whenever he wants.

Of course, the above scenario assumes that the company has enough money to continue employing people. When the economy tumbles, or when the company suffers overall losses, it loses the ability to continue paying its existing employees. In that case, it does not matter how qualified or productive the employee may be. When continuing to pay wages threatens overall profit levels, employees get cut. That's the "profit premise" at work.

All these examples lead to a more abstract conclusion: Employment is a vastly unfair relationship. Having a "job" not only subjects the employee to ruthless economic appraisal under the employer's "profit principle." It also places him in an institutionally inferior position. Despite all social expectation to the contrary, employment is not a right in the United States. It is a matter of grace. This is significant because a "relationship of grace" is no equal relationship. Rather, only lords, Gods, sovereigns and those with greatly superior power bestow "grace." And only pathetic petitioners and sinful beggars seek grace from their acknowledged superiors.

Some may say that it is an exaggeration to call employment a "relationship of grace." But close analysis confirms it. In a "relationship of grace," a suppliant party seeks the benevolence of another party known to have strength, power and influence. The suppliant throws himself on the master's mercy in a plea for grace. One imagines a lowly feudal peasant begging his local lord for a loan, throwing himself at the lord's feet. Then the lord, with a condescendingly smug look on his face, extends his ring for the miserable peasant to kiss. Once the lord gives his grace, the peasant bursts into tears and thanks the lord for his benevolence. The lord can then count on the peasant's complete dedication in paying back his grace, even if he exacts a sum far higher in obligation than the sum he bestowed in grace.

Isn't this what happens in a modern employment relationship? Isn't this what job-seekers must do to win approval from their lordly potential employers? Don't they have to debase themselves and claw the floor and kiss rings? Don't they indebt themselves to the employer for his generous decision to throw them a few shekels? Isn't it just as pathetic and despicable as this?

No matter what "career experts" say, I cannot escape viewing the quest for private employment in these "feudal" terms. Landing a job requires more than a healthy economy and an employer who can afford to pay you. It also requires a subservient mindset and the willingness to sacrifice individual dignity for "grace," namely a paycheck. To win that grace, employees must kiss the symbolic ring every day. They must shlep to and from their jobs. They must stay awake. They must attend to meaningless tasks intended solely to enrich their employers. They must remain in an obedient position to receive commands for at least 8 hours a day. To add insult to indignity, they must bear all this so that their employer makes a bigger profit. And when they finally go home, they are both physically and spiritually drained. They have neither the strength nor the will to enjoy their own lives. Rather, they live for the employer. They live for their modern feudal lords.

Inwardly, employees thirst for their precious two days (or less) off. They yearn for time that belongs to them, not their lords. But is that not ironic? After all, they fought so hard to get their jobs. They bowed and scraped and sacrificed everything to get hired. Now, once they commit their waking lives to their employer's profit, they dream about the weekends. Is that not somehow disloyal to the lord they pledged to serve? Or at least "less than diligent?"

If you need proof for this proposition, just listen in on some honest employee chatter. Just note how often they mention what they plan to do next weekend or what they did last weekend.

So is this what it's all about? Are these the magical "jobs" everyone wants? Are these the symbols of our strength as a nation? Is this how we all should spend our lives? As expendable economic instruments to be cast away the moment we fail to justify our costs to our employers?

Perhaps it is. Then again, perhaps that is why there is so much unhappiness in our society. Perhaps the unending pressure to have a job stands at odds with what we want as individuals. Yet jobs always win; "what we want" always loses. And we can only ignore "what we want" for so long until we start feeling really, really bad about life.

Worse, what do we gain for all this unhappiness? A paycheck. Only the employer really wins. He doesn't care whether you're happy or sad. You are just a variable in the income/expense equation. You are a figment of the "profit principle," no more.

Tuesday, April 6, 2010

SURRENDERING, WASTING TIME AND FOLLOWING ORDERS : THE LANGUAGE OF EMPLOYMENT

THE MYTH OF EMPLOYMENT IN AMERICA

PART 1 - LANGUAGE

Last week, the White House announced some encouraging news about the economy. It said that the "Job Report" for March showed "significant gains." Apparently, more people found private employment during the early spring; and that meant more people were getting paychecks. Since late 2008, the "Job Report" had consistently reported losses. So last month's news was cause for celebration: When people have private sector jobs, it is a national victory.

What makes jobs cause for celebration in America? After all, what exactly is a "job," and why do Americans fetishize them so much? Is there something magical about jobs that makes people live their whole lives seeking them and toiling at them? I say no: In most cases, jobs are a poor way to spend your life; and they are sure way to obliterate your spirit as an individual.

Viewed in the abstract, jobs are nothing to glorify. In most cases, they are just a waste of time. People only work because they need to earn money to stave off material ruin at the hands of creditors, landlords, banks and other superior economic beings. They do not enrich people intellectually or spiritually. Rather, they commit people to a "service obligation," namely, unswerving dedication to the employer's economic mission. That economic mission might involve questionable ethics or outright deceit. But jobs require people to put those concerns aside and "do what the company wants." Worse, if the employee does not "do what the company wants"--or if he simply does not justify his cost in company profit--he is fired. If anything, jobs are gloomy reward. In return for a paycheck, an employee not only must sacrifice his time, dignity, ethics and individuality; he must also commit himself to another's material gain. That is a high price to pay for freedom from bankruptcy.

But still Americans thirst for jobs. Everyone wants one. Economists even measure national commercial strength by evaluating "job creation" and "job robustness." In other words, the entire economic system depends on everyone getting a job and doing what they are told so that larger commercial interests can profit and pay more employees. Jobs depend on hierarchies and disparities in power. Some live to benefit the employer; meanwhile the employer makes off with all the money. The employer expects total dedication to his economic mission; he pays just enough wages to keep the employee fed and under a roof. The employee must follow instructions and be productive.

It is not a fair system: No matter what free market apostles say to the contrary, very little labor is actually voluntary in the United States. True, no one is pointing a gun at employees to force them to work. But deluging people with ceaseless economic obligations under threat of homelessness amounts to practical coercion. If the choice is between letting one's children starve and taking an unfair job somewhere, is it really a choice?

If the field is so tilted, why does everyone want a job? If jobs are inherently unfair, coercive and wasteful, why does the White House tout them as the ultimate measure of national success? Does it not say something about our collective life expectations that we view our jobs as the highest expression of who we are? After all, most jobs are quintessentially counter-creative and anti-individualist. To understand that, consider that in American discourse it is often possible to replace the question "Who are you?" with "What do you do?"

Language relating to employment paints a bleak picture. It tells a story of banality, wasted time and exploitation. By investigating a few common words that regularly appear in the employment context, we see an oppressive, anti-individualist motif at work. And in the process, we begin to understand that the whole mythology surrounding "jobs" in America is exactly that: An elaborate hoax that sustains itself on false expectations and wretched servility.

Let us begin with the most obvious example: "Job." The word "job" is ubiquitous in modern American discourse. We cannot escape it. We even think we know what a "job" means; we visualize some guy slapping on a Starbucks apron and serving up mocchachinos for $5.50 a pop. But do we really understand the word? Where does it come from? What does it tell us? Is it really the sacred thing the propaganda tells us it is? Is it really the thing that determines our strength as a nation? Is it the be all and end all of our lives?

Let us look.

No one can agree on "job's" precise etymology. Most scholars agree, however, that "job" relates to the Middle English word "gobbe," meaning a "lump or mass of something," like clay, mud or grime. Dictionary.com says that "gobbe" did not imply "work" in 1400. But by the 17th Century, it began to assume a new meaning. Specifically, it meant a "specific, discrete piece of work done for an agreed-upon price." That distinguished it from long-term employment; jobs were "petty" and "inconstant." The handyman did "jobs," while the priest had a "profession." A person with a "job" was common trash. The fact that the word relates to "gob" tells almost the whole story. Jobs are grimy, unsavory and despicable ways to spend time. They are like lumps of filth with which people contend every day for a few lousy shillings. And they have always occupied the lowest spot on the "employment hierarchy." Only the meanest types worked "jobs." "Better people" spent their time with "professions" or "callings."

In this historical context, who would ever want a "job?" The etymology tells a nasty story. Only common rogues would deign to be "jobbers" slaving away at their daily lumps. What a horrible way to spend a life. While the word "job" may have taken a more neutral meaning over time, etymology never lies. It is indisputable that the word "job" reflects low social standing and abject surrender to a superior master. Only the most wretched people did "jobs" in the past, like cleaning privies or washing horse dung. Yet now Americans fetishize jobs. Who would have ever thought that so many Americans would have wanted to be the linguistic successors to Elizabethan shit sweepers?

Other employment-related words do not really improve the overall linguistic image. Those fortunate enough to avoid having a "job" might have a "career" instead. Like "job," "career" has become ubiquitous in American discourse. And like "job," Americans think they know what a "career" is. They also understand that "careers" are somehow "better" than jobs. They might not know why; it just seems that "career people" make more money than common slugs with "jobs."

But from an etymological perspective, "careers" are just as pernicious as jobs. While "career" has always elevated itself over "job," both concepts do the same thing: They voraciously consume time. "Career" especially implies a lifetime dedication to a chosen economic pursuit. It derives from the Latin word "carriara," meaning a "road intended for vehicular transport." See Dictionary.com, v. 1.1. "career" derivation. The dictionary's definitions stress "career's" temporal demands: "1. An occupation or profession, esp. one requiring special training, followed as one's life work; 2. A person's progress or general course of action through life or a phase of life." Id.

On its face, "career" does not necessarily imply economic service to a private master. But in American discourse, it does. People go to "Career Schools" and learn how to "prepare for their careers." They hear that it is "great to have a career" and that losing a career is worse than death. In all these usages, "career" implies dedication to a particular economic mission. It is wonderful to have a "life's work" if you believe in it, but how many "careers" really inure to individual benefit? A corporate "career," for instance, is not about the worker; it is about the corporation. A lawyer's "career" is about purposeful economic activity, not individual enrichment or creativity. In this light, "careers" in American discourse paint a disheartening image: They show people slavishly dedicated to a particular economic master for their entire lives. While "career people" may need special training to have a "career" rather than a "job," and while they may earn more money at longer engagements than "jobbers," they are no better in dignity. After all, to have an American-style "career," you have to give up your life to a "particular course of action;" you must "get on the road." In most cases, that means disciplined, directed service to a private economic master. If you do that, what time do you have left for yourself? Very little, if any. In this sense, "careers"--like jobs--generally reflect an essential hostility to individuality and creativity, as well as dedication to superior economic masters. And that is exactly how it is supposed to work, too.

American discourse about employment reveals its hierarchical function through other words, too. Beyond the basic distinction between "jobs" and "careers," there are also "professions." In modern American usage, "professions" are "special careers" that involve some unique learning or discipline. They pay more than other careers and certainly more than mere jobs. "Professions" even conjure mystical connotations because they involve special skills that average people cannot even fathom. "Professionals" use highly specialized language. They ply highly specialized procedures to obtain almost miraculous results. Generally, they go to school for a very long time before going into business. And on that basis they demand more money for their services. The word "profession" is all about "exclusivity:" Not everyone can be a "professional." We cannot all be so smart or skilled. If we were, we could pull our own teeth or conduct our own trials--that would not be good for dentists and lawyers.

"Profession's" etymology bears out these colloquial connotations. The word derives from the Latin "professio," meaning the "taking of the vows of a religious order." Dictionary.com v. 1.1 (profession etymology). In modern usage, the word means: "1. A vocation requiring knowledge of some department of learning or science." Id. Professionals, then, are modern-day mystics. Their very name invokes a "religious order." But they are not free spirits; they "took oaths" to the "religious order." This commits them to their "craft," or--in modern terms--their "knowledge of some department of learning or science." And they are essentially secretive: Not everyone can join a secret religious order, let alone master its complicated rituals or rites.

In practical terms, there is not much difference between a "career" and a "profession." Both refer to constant work for pay, most likely in the service of a private master. In that sense, "professions" consume time even more than simple "careers." Some "professions" genuinely do good. But in most cases, "professionals" band together to maximize their profits by exploiting public need for their "special knowledge." And in America, people do not become professionals to do good. They become professionals because they want "high-paying careers." In the process, they commit themselves to the profession's narrow "department of learning or science" for their entire lives, ruling out all else. Like jobs and careers, then, professions work strongly to suppress individuality and creativity. There is simply no time for anything but the profession--and profiting from it.

Finally, there is a general word that applies to almost all employment-related terms: Occupation. In many ways, occupation perfectly summarizes the temporal difficulties involved in employment. It is a relatively simple word; the subtlety lies in the imagery.

Occupation derives from the Latin "occupare," literally meaning to "occupy." But beyond the familiar "occupation," the word implies a "taking of possession of time or space." There is an element of both superior power and control in the word. It implies that someone or something takes possession. Obviously, anyone or anything possessing someone or something else is superior to the person or thing possessed. In this sense, "occupation" requires a subject and an object, a dominant element and a subordinate element. There is an "occupier" and an "occupied object." It is all about power.

These are revealing insights when applied in the employment context. After all, if a person has an "occupation," who is occupying and who is being occupied? Does the work "possess" the worker, or does the worker "possess" the work? I would venture that the work possesses the worker. It possesses his entire being, including his mind, his time, his creative strength and his focus. He allows someone to occupy him for pay. But he sacrifices his dignity in exchange. It is fundamentally submissive. And it confirms the essential power struggle that pervades all employment relationships: Someone occupies; another is occupied. The occupier profits by occupying the occupied object; the occupied object receives "compensation" for allowing the occupation. Yet make no mistake: It is always the occupier who holds the power, just as a carpenter holds power over his tools.

Where does all this leave us? It leaves us with an ugly picture about employment. American employment propaganda tells us that we should all want jobs or careers. Or a career of jobs. Or maybe a profession, or a professional career. Or at least an occupation. But if we understand what those words actually mean, we should hesitate before so zealously pursuing them. Jobs are just gobs of nasty filth. Careers are time thieves. Professions are hypnotizing, mind-narrowing cults. And occupations are invitations to be "possessed" or "owned." They are all about surrender. They are all about submission.

But maybe that's the point. Maybe we're supposed to surrender and just do what we are told. After all, the White House says we're a stronger nation when we all have jobs.

That is pretty scary if you ask me. Then again, not everyone reads the dictionary like I do.

Monday, April 5, 2010

THE MYTH OF EMPLOYMENT IN AMERICA

OESTERHOUDT STRIKES

Over the next few days, I will write several interrelated essays about employment in the United States. I often write about employment, both in expository and in satirical form. But in these essays, I want to methodically go to the heart. I want to write "Oesterhoudt's Manifesto" on employment in America.

I believe that America has a dangerous "employment fetish." It has completely warped people's minds. True, America has always been "all about work." Yet in recent decades, the line between life and work has blurred considerably. People fanatically give themselves over to their employment without a second thought. They sacrifice what little dignity they have serving a master for comparatively little compensation. And they chase employment like the Holy Grail: A whole social system of propaganda has grown up around the idea that "you must have a job;" and that you should be ashamed of yourself if you don't.

But it is not easy to get a job these days. After all, everyone wants one, and they do not just magically appear. You can't watch the news without hearing about America's "critical job situation." Most people cannot understand why it is so difficult to get jobs. I will explain that the archetypal private sector job is no entitlement. Rather, it is a matter of grace.

In my essays, I plan to utter the final word about the employment "hustle" in America. To do this, I will explain what private sector jobs mean in strictly economic terms. I plan to explain that "jobs" are not rewards for employees. Rather, they are calculated investments in which the employer gambles that human labor capacity will make him a profit. If he does, wonderful. But jobs mean employer expense, too. And if a job costs more than it yields, out goes the employee, even a former "Employee of the Month."

Jobs are simple mathematics: If they cost more than they generate, they are gone.

This is why I recoil from all the rhetoric about "private sector job creation." It is impossible to stimulate job creation without flushing private employers with cash. Employees are expensive investments; and employers can only gamble on investments if they have money. In this light, private employment depends on healthy economic times for the employer. If he's not making a profit in his field, he won't be hiring anyone, even Superman. In brief, it is impossible to talk about "job creation" in the abstract. Only the changeable winds of private market economics dictate whether more employees get to feed at the employer's profit trough.

I also plan to write about the social mythology that pervades discourse about employment. To deconstruct the myths, I will explore language relating to employment. In the past, I have debunked commerce by exploring common commercial words and their etymologies. Now, I will debunk employment by exploring words like "job," "occupation," "career" and "profession." I will dive into etymology to analyze what conceptual complexes operate in these words. In the end, I will show that employment is nothing to glorify. Rather, I will demonstrate that it is just a crude, unfair system that perpetuates social inequalities and obliterates individuality in society.

I will begin addressing these issues tomorrow. As I have mentioned in recent weeks, my schedule has become somewhat more hectic lately. I will do my best to write all the essays on employment this week. But just in case I miss a day, you can attribute it to my exciting new schedule.

Thanks for reading!

Oesterhoudt

Wednesday, March 17, 2010

H.I.R.E. : HEALTH INSURANCE RESISTANCE EDUCATION

A MESSAGE FROM THE F.B.I.

"JUST SAY NO"

By : Mr. Robert S. Mueller III, Director, Federal Bureau of Investigation, Washington, D.C.

Americans face threats every day. Foreign terrorists plan violence against us. Domestic thugs commit robberies and senseless killings in our midst. Organized gangs intimidate and extort honest businesses. And psychopaths brutally beat loved ones, including their own wives and children. In a word, crime is everywhere.

Here at the Federal Bureau of Investigation, we are committed to protecting you from criminals. We hunt down killers and thieves. We bring them to justice. But that is not all we do. We try our best to prevent crime, too. While we cannot stop a hardened shoplifter's decision to filch from a store, we can at least help protect potential victims from crime. To that end, the FBI believes in education.

Not all crime is obvious. Everyone knows it's wrong to put on a hoodie and pry into a nice-looking home with a crowbar. Everyone knows it's wrong to smash an elderly woman in the head with a hammer as she struggles to cross the street. These are visible crimes. But not all crime is visible. Crime happens all over the place. Well-educated executives might be committing monumental financial crime two stories above your head as you toil for minimum wage in a corporate copy center. Traders might be illegally fixing prices on a proprietary computer program somewhere down the block. Although these crimes might not be as obvious as bashing an old woman in the skull, they still pose a threat to Americans everywhere. And the FBI is determined to informing Americans about all crime, not just visible crime. We believe in a simple motto: Because information is the best protection™.

Today, the FBI wishes to inform Americans about a pervasive criminal threat: Health insurance sales. We do this because many Americans do not realize that they are being victimized by ruthless health insurance gangs masquerading as upstanding corporations. Until Americans receive the information they need to protect themselves, health insurance gangs--including the notorious "Cigna Hustlaz" and the most-wanted "Blue Crips Blue Shield Brothahood"--will continue to rain unrestricted economic terror on millions every day.

To combat health insurance gangsters, racketeering and economic intimidation, we have instituted a new program directed at Americans of all ages: HEALTH INSURANCE RESISTANCE EDUCATION, or H.I.R.E.

Let's start with some basics. Everyone likes health insurance. Health insurance gangs know that. Health insurance gives people a high; it makes them feel secure that someone else will pay their medical bills if they get sick. In recent years, private employers stopped giving employees health insurance because it made them lazy, unproductive and apathetic. Gangsters like the Cigna Hustlaz stepped in to fill the supply vacuum, selling exorbitantly-priced health insurance at street rates. Once hooked, a health insurance addict can't get enough. He wants more and more insurance. He wants more and more free medical care. And when the gangsters see this, they just keep raising the prices, knowing the addict will pay. In the end, health insurance gangs reap fantastic profits, while addicts waste all their money paying whatever price the gang demands.

Until now, health insurance gangs have tyrannized Americans with relative impunity. For one thing, they do not look like regular criminals. They are generally not African-American or Hispanic. Rather, they are not people at all: They are corporations. Their senior leaders are generally white men between 40 and 60 with suffixes like "IV," "Jr.," "Sr.," and "Esq." after their names. Some health insurance high-ups even have street nicknames, like "Chip," "Skip," "Tad," "Dodger," "Lil Princeton," and "Biggie Witherspoon AKA Tha Kash Docta." Many live in the suburbs and pay their taxes. Most Americans have no idea that these friendly-looking white men are actually vicious health insurance thugs determined to drive them into bankruptcy, addiction and early death.

But the FBI knows all about these gangsters. We have a Most Wanted List for Health Care Thugs. And today we declare that we will protect average Americans from health insurance gangs all over the country.

America's addiction to health insurance has reached epidemic proportions. It has destroyed homes and fortunes. It has ruined marriages. It has even led to imprudent surgeries and haphazard medical care. It has driven hard-working people into homelessness. Now, destitute beggars roam the streets, desperately seeking their next health insurance fix. Citing "cost concerns," health insurance gangsters have caused children to forgo needed doctor visits. And they have forced millions of Americans to deal with vicious health insurance gang "employees" ("wiseguys") who torment them every day with unfair appeals, denial letters and various other petty indignities. Many Americans fear telephone calls from these health insurance "wiseguys." In most cases, they learn that the gang has once again rejected their request for a heart transplant because it is "not covered."

Health insurance gangs have almost succeeded in reducing the American public to dependency. They have laid their hooks into American families from coast to coast, wringing them for excessive premiums every single day. When they don't pay, "wiseguys" threaten them with collection action and illness. Health insurance gangs know that Americans can't get enough health care. They know that Americans crave the health insurance high. So they just ignore the law and common decency to throttle Americans for everything they own. At the same time, they shrewdly cover their tracks by complying with corporate laws, paying taxes, making political contributions and advertising on television. No one thinks they are gangsters. And this all works to their advantage.

We refuse to tolerate health insurance gangsterism any longer. Through our new Health Insurance Resistance Education program, we are confident that we can save America from health insurance thugs. Information will always win over crime. That is why H.I.R.E. will begin teaching America's children how to spot health insurance hustlers. It will teach them to JUST SAY NO to street peddlers like "Holla Humana" and "Dem Anthem Playaz." It will teach them to talk to their parents about health insurance alternatives and fair prices. And it will teach them that strength in numbers is the best way to resist a lone health insurance dealer. When our kids take H.I.R.E., they will learn that health insurance is not cool.

But H.I.R.E. is not just about children. Adults have a lot to learn about health insurance crime, too. We plan to educate all Americans about health insurance thugs, including how to spot them. Health insurance gangs only became strong in America because they hoodwinked Americans into thinking they were "respectable businesses." But through H.I.R.E., we will teach Americans that companies hawking basic doctor visit coverage for $900 a month plus a $50,000 deductible are not "respectable businesses," but rather vicious health insurance thugs. We will inform America about our Most Wanted list and what the worst criminals look like. We will make Americans less naïve about trusting white men who work in the Cigna tower. And we will offer addiction treatment programs to help Americans cope with the fallout from health insurance abuse.

In the end, we are determined to tell America the truth. We refuse to allow health insurance gangs to ruin any more Americans lives. We refuse to see Americans driven to bankruptcy and homelessness because they could not cough up the monthly health insurance vig. We refuse to allow shameless thugs get away with extortion while pretending to be "just another corporation in a skyscraper." That is why we started H.I.R.E. And we are confident that we will put these crooks down once and for all, along with all their "wiseguy" call center enforcers.

America needs health care without health insurance gangsters. Health care by itself is not dangerous. It is only dangerous when sold on the street. We can save America from dependency on street health insurance only by bringing health insurance under government oversight. Just as food used to be dangerous before the government intervened to regulate food production, so too is street-level health insurance dangerous without government supervision. Health insurance is too important and too harmful to entrust to profit-hungry street gangs. Everyone wants health insurance. Everyone needs health insurance. That is all the more reason for the government to ensure that people receive quality-controlled care in a fair, honest manner.

But we will not achieve health insurance safety without first defeating health insurance gangs. Only education will win the war against them. H.I.R.E. is the first step to helping America understand the danger they face. Once Americans see that they are being exploited, bamboozled and extorted every day by so-called "respectable health insurance corporations," they will understand that government regulation is the only way to protect them from gangsters. While we appreciate that many Americans hesitate to support government control over health care, we are confident that H.I.R.E. will show them that the health insurance street market has victimized them, not helped them.

For decades, America has lived at the whim of health insurance thugs. That time is about to end. Here at the FBI, we are determined to protect you from exploitation and violence, even when you do not realize that you are a crime victim. Health insurance gangs have been victimizing you for years and you don't even know it. No more. That is why we promise to win the war against the health insurance gangsters who now tyrannize your life.

One day, every American will have health insurance at very low cost. Education will pave the way. The FBI will do its part. And we promise that no criminal gang will ever profit from your addiction to health care.

This is America. We do not tolerate unfairness or exploitation here.

Watch out, health insurance thugs. We know who you are. You can run but you can't hide.

Thursday, March 11, 2010

CONTRACTS OR CONSCIENCE? AN ETHICAL DILEMMA

AN ESSAY

During my first year in law school, I struggled to learn the endless verbal formulas and doctrines that apparently made the law a flawless machine. I did not have time to reflect on the law's theoretical weaknesses or its cynical role in maintaining power structures in our society. No, I was more worried about learning all the recipe-like elements for particular torts, contract defenses and crimes. I spent my time memorizing lists and hoping I would remember them for the exam.

It was a stressful time for me. It probably did not need to be, but I made it so. It likely had something to do with all the other stressed-out, high-striving, perspiring people around me. Put yourself in a room full of panicked people and chances are you'll soon feel panicked, too.

Despite all the stress and anxiety, however, I remember certain moments with great clarity. Now that several years have passed since law school, I understand these moments in a new way. At the outset I must confess that--in hindsight--I was never really law school material. I might have studied it well; but it was difficult for me--and almost unnatural--to suspend my creative powers for three long years. True, I always retained my satirical mistrust for power. But in law school, I had to suppress my bitter urge to laugh for long enough to get through the rigid curriculum.

I'm glad I managed it then, because there's no way I could have managed it today. I've returned to Nietzsche. I have reverted to my nature. I am--to use a Shakespearean phrase--a "satirical rogue." Yes, an analytical satirical rogue to be sure; but a rogue nonetheless. I have trouble taking anything too seriously, especially so-called "authorities." I have a socially-dangerous ability to see through pretense and to sniff out unfairness. I am not very discreet either. I call spades spades. I don't even whisper. I listen to my conscience and I speak my mind. These are not admirable characteristics for those who wish to make partner at a law firm.

Having returned to my natural habitat over the last few years, I now analyze my law school memories in a way that affirms my identity. Here's a good example: I was sitting in our first-year contracts class. Our professor had stumped everyone. It was some hypothetical problem about some guy who made a promise to another then broke it. The question was whether the aggrieved person could sue the other for breach of contract. The professor asked what legal rule justified recovery in the case. Several uneasy moments passed. About 90 twentysomethings sat there staring at their laptops in an effort not to be noticed.

Finally, I raised my hand and said: "Well, he made a promise and broke it." The professor sneered at my response. I will never forget the look on her face. Then she said: "So what if you break your promise? What does that have to do with anything."

At the time, I did not think too much about the professor's response. I was too worried about memorizing legal recipes. But over time, I have come to see this moment as a perfect illustration for the proposition that law and ethics virtually exclude each other. And I have also come to see this moment as an expression of my own character. It should have alerted me that I was ethically uneasy with the law. After all, in my heart I care whether I tell the truth. If I make a promise, my heart hurts if I break it. Yet my heart does not concern the law. The law deals only in extrinsic indicia, not ethical worries. The law is about empirically observable factors, not the pangs of conscience. When I raised my hand in that class, I showed my nature: At that early time in my law school career, I thought the law and ethics overlapped. I could not have known at the time that they do not.

From an ethical perspective, a promise is a promise. You fulfill it because it is the "right thing to do." You do not hem, haw, qualify, vacillate or renege. You do what you say because it bothers your heart if you do not. If you have a conscience, it hurts to break a promise. Then again, if you are unethical, it does not bother you to break a promise. Your heart does not torture you for the decision. You just move on; you break your word as necessary to suit present circumstances. That may be realpolitik. It may even be legal. But it is not ethical. Ethics is internal; it is about the heart and intuitive feelings. By contrast, law is external; it has nothing to do with the heart. Detective Alonzo, Denzel Washington's unscrupulously corrupt (and successful) character in Training Day (2001), put the distinction best when he told his ethically troubled partner: "It ain't what you know. It's what you can prove."

In ethics, you know. In the law, you prove.

From a legal perspective, there are mere promises and there are contracts. Contrary to popular belief, contracts are not necessarily imposing-looking official documents that you sign. You can assent to a contract without ever seeing a paper. Rather, contracts are legally-enforceable promises, whether written or not. To make a promise legally enforceable, it must meet certain objective elements. A "promise in the wind" might trigger an ethical responsibility to honor it. But unless the promise meets technical legal elements, you cannot go to court to force the other guy to honor his word.

Contracts serve commerce. They support our economic system. They give assurance to business people that others will adhere to their promises. As such, the law only enforces promises that arise in "bargained-for exchange." The law calls this "consideration." In theory, this means that both sides haggle over a deal. Each side benefits and suffers detriment in equal measure. One party parts with money. That is detriment. The other party gains the money. That is benefit. But to get the money, one party must do something. That is detriment. The other party receives something desirable from the activity. That is benefit.

This is what makes a promise enforceable at law: Bargaining. Exchange. Haggling. Negotiation. Dickering. It is commercial. It is not gratuitous. In fact, gifts are not contracts. Quite the contrary: If only one party in a transaction receives benefit without a bargain, there is no contract. A kid can't sue his father if his father simply tells him he'll buy him an Xbox, then he breaks his word.

I mention all this to show that contracts are strictly technical. As such, the heart plays no part in their formation or performance. Put another way, ethics exerts no influence on contracts, even if it exerts influence on individuals who make promises. In fact, sometimes it makes more economic sense to break a contract than to keep performing it. For example, if a farmer promises to sell corn to a wholesaler at $1 a pound for a year, but then the price of corn suddenly rises to $10 a pound, it makes more sense to break the contract than keep performing it at a loss. After all, the law only provides a remedy for the contract price. In this case, the farmer could easily break the promise to sell for $1, pay the wholesaler $1 damages, then sell his corn at $10 a pound for a huge profit.

It might be unethical to break promises, but in circumstances like these, money talks and ethics walks. From the law's perspective, it makes more sense to break a promise than continue performing at a loss. The law actually encourages this unethical result. This demonstrates once again that contracts exist to support our free market economic system, not ethical imperatives.

In our free market economic system, people want to profit from their bargains. If they make a deal, they want their money. Contracts provide them with a weapon to either force compliance with the bargain or force the bad party to pay the expected profit. That is why contracts exist: To ensure that commercial men make their profits. They protect expectations. And contract law is completely indifferent to ethical considerations if they cut against those expectations.

Despite the law's requirements, sometimes ethical considerations wield very strong influence on individual people. And sometimes the imperative to tell the truth is not the only ethical conundrum that intervenes to interrupt a contract.

In the movie, Ray (2004), for example, Ray Charles makes a contract to play several concerts in racially segregated Georgia during the early 1960s. While he leads his band into a concert hall, protestors clamor that he is ethically wrong to support an unjust social custom. At first, Ray says that he has a contract with the promoters to do the show. But then he stops and thinks. Finally, he says: "No, no, they're right. Everybody get back on the bus. We're not doing any more shows at segregated venues." The promoter gets furious and says: "You have a contract to do these shows! I'll sue your black ass for this, Ray, and I'll win!"

Ray had profound ethical qualms about performing a contract that indirectly supported racial segregation. His conscience compelled him to refuse to perform it. But from a legal perspective, the promoter was right: He would win the case against Ray. Contract law cares nothing for ethics; if you make an enforceable contract and you refuse to perform it, it is no excuse to say: "I had an ethical problem with the subject matter." As admirable as that sentiment may be, it would not save you from paying full damages to the other party in a contract case. In this light, contract law once again supports commercial expectations, not ethical imperatives. It even supports commercial expectations when those commercial expectations perpetuate fundamental injustice. As long as there is a bargained-for exchange, the show must go on. Ethics is no excuse.

In hindsight, Ray could have avoided the problem altogether if he had raised his ethical objection prior to making the contract. Ethics can dissuade a person from entering into bargains that implicate ethical problems. But once made, ethics cannot excuse performance.

Still, this is hypertechnical rubbish. Conscience does not always materialize on cue. Sometimes our ethical sensibilities only awake once a contract begins. Perhaps it is not possible to foresee ethical difficulties in a contract until after we strike the deal. Yet the law does not see it that way. Once you make a deal, you are stuck with it, no matter what your conscience says about it. You might be able to shed your obligations by pleading some other, legal, defense. But neither ethics nor conscience is on the list of acceptable legal defenses.

And why should they be? Contracts are about commercial expectations. What does conscience have to do with those? The most successful commercial men easily escape all these issues by adopting a simple tactic: Just don't have a conscience.

Without a conscience, life is easy. You just follow the rules in the contract and go with the flow.

Friday, February 26, 2010

NAUGHTY BAILED-OUT BANKERS ARE ENEMIES OF THE PEOPLE

Советские Решения Современных Экономических Проблем в Америке Обамы
(SOVIET SOLUTIONS TO CONTEMPORARY ECONOMIC PROBLEMS IN OBAMA'S AMERICA)

By : Mr. Lavrenty Pavlovich Beria, Member, Communist Party of the Soviet Union; Commissioner, National Office of Internal Affairs (NKVD)(1938-1945); Senior Investigator, People's Commissariat to Eradicate Spies, Traitors and Unpatriotic Defeatists Uncommitted to the Public Good (1934-1948); Close Confidant to Joseph Stalin (1926-1953); Orchestrator of Soviet Wartime Production (1941-1945); Manager of Undesirable Population Relocation Program to Central Asia (1941-1951); People's Prosecutor against Lithuanian, Polish, Latvian, Estonian, Ukrainian, German, Hungarian, Czech, Romanian, Slovak and Yugoslavian Traitors and Capitalist Counter-Revolutionary Troublemakers (1938-1953); Pistol Enthusiast and Marksman; Executed 1953; Resurrected 2010.

I am here in America at the request of the Chairman of the Federal Reserve System, Mr. Ben Shalom Bernanke. This Mr. Bernanke--Jewish capitalist intellectual counterrevolutionary though he may be--is a capable man. He understands that your country is in grave danger. He knows that the American economy is teetering on the brink. Most importantly, he understands that traditional "American" methods will not return your country to prosperity. That is why he called me.

Let me briefly summarize my conversation with Mr. Bernanke. He said that the United States is now suffering from a "persistent recession" that has resulted in massive unemployment. He attributed this "recession" to unregulated banking practices and large-scale greed among large financial firms. He also informed me that government has begun playing a much larger role in private financial affairs. He even said that government has paid billions to private banks in order to prevent them from failing. I believe I say this correctly: Your government "bailed out" the wealthiest capitalist pigs in order to allow them to continue loaning money to everyone else.

I applaud America's new commitment to government intervention in the economy. Although it does not come close to the Soviet example, it nonetheless represents a step in the right direction. In Stalin's Russia, we regulate everything. There is no private property. The State owns the banks. If a miserable little banker gets out of line, we shoot him and bury him in an unmarked grave. We even shoot his children and wife. That's how we regulate bankers in Russia. True, this frightens bankers. But it also prevents them from defrauding the people. Sometimes pistols are more effective than laws.

I understand that your country is not the Soviet Union. Mr. Bernanke informed me, however, that these ungrateful bankers have actually taken government money and used it to pay their own bonuses. Additionally, they have thumbed their noses at the very government that saved them from ruin. Mr. Bernanke told me that "something must be done" about these devious, greedy bankers. He asked my advice on the subject.

I am happy to lend my expertise in dealing with your banking problem. First off, let us understand the situation. Your government has taken an unprecedented step to rescue private banks from their own capitalist follies. It has actually given State money in order to prevent them from failing. In return, government can expect allegiance from the banks. In essence, "bailed-out" banks are no longer private. By taking government money, they have subjected themselves to government regulation. They have ceded their private nature. As such, they must listen to your orders. If they don't, they must suffer serious consequences.

Yet now the bankers act as if they never took your money. Worse, they have used your money to invest in the evil New York stock market, where they earned spectacular profits. Rather than return the money to you, they have insolently awarded themselves monstrous bonuses and sent their children on European vacations. They have renovated their villas and hired high-priced prostitutes for week-long champagne orgies at sultry Caribbean hideaways. They have purchased long yachts, "cigarette boats" and Bentley automobiles. They have gallivanted on million-dollar ski trips. All the while, they have refused to hire more workers or act in the public good. To the contrary, they have done little but enrich themselves. They are having the time of their lives--all thanks to government funds.

I share your disgust with these ungrateful outlaws. I am pleased to offer my assistance in "regulating" them. They are Enemies of the People.

We must increase our regulation efforts. Your country must cease relying on "laws" and "procedures" to tame wayward bankers. You will only stop naughty bankers by adopting Soviet-style banking regulations. Bankers are ruthless pirates by nature. Ruthless pirates only understand one language: Brutality. If America wishes to rein in these pirates, it must start regulating with pistols.

Let me explain what I mean by "pistol regulation." As Commissioner of the Secret State Police in the Soviet Union, I became an expert in the craft. Here’s how it works: Once I identify an enemy of the People, I quickly dispatch agents to his home at about 4:30 AM. Generally, most people are either asleep or just waking up at that time--even ambitious capitalist pigs like your wayward bankers. They are in no position to resist ten armed police agents. Most surrender without a fight. In fact, very few ever know we're coming. We investigate in secret.

Once taken into custody, my agents bring the enemy to a secret building with no windows. There, a State security agent informs the enemy why he is an enemy, then tells him to explain himself. This is just a formality: Nothing he says will save him. Basically, it just gives us an opportunity to have a good laugh while the man pisses himself, falls on his knees and begs for mercy. After we've laughed enough, we bring in an officer who says he has judicial power to pronounce sentence. He gravely tells the enemy that he has been found guilty of treason, at which time several armed guards take him into another dimly-lit room. They push the enemy face first against the wall, then shoot him in the back of the head with a pistol like this one:

After that, the guards clean the blood, skull fragments and brains off the floor, remove the body and send it off for cremation. Then I release a press statement describing the enemy's crimes against the people. I close the statement by noting that the "dangerous enemy" has "faced justice for high treason."

Now, once your naughty bankers know that they may face "pistol regulation" for squandering State funds, they will think twice about buying new homes and throwing lavish dinner parties. In fact, some might even invest their money in public projects or--God forbid--hire some people. As you can see, "pistol regulation" carries two benefits. First, it eliminates bad behavior, like embezzling public money. Second, it encourages good behavior, like reducing unemployment. After all, no one wants to get that knock on the door at 4:30 AM. Bankers start behaving much better once they notice that their greedy colleagues aren't in their offices anymore.

You have made a wise decision to enlist my help in regulating your financial industry. You understand that your traditional "American" methods will not impress these rapacious profit-hounds. To the contrary, your entire constitutional system--with its burdensome right to counsel, "independent judiciary" and "proof beyond a reasonable doubt" procedure--favors the accused. Worse, when the accused has money--as these bankers do--it is even more difficult to convict them. Even then, it takes years for appeals to pass. Plus there's a chance that banker-friendly judges will free their pals. Under your laws, you can't even execute these piratical bankers for their offenses.

This is simply unacceptable: You need Soviet "pistol regulation" or these dogs will walk all over you with "procedures."

Still, you can do it. You have already made an unprecedented step by allowing the government to intervene in the economy. Now, you must take the next step by holding bailed-out bankers to their bargains. If a banker takes government money, he must do as the government says. No more can you tolerate their ingratitude. It is not just embarrassing. It is bad for the country.

To that end, I will do my part to hunt down these criminals. Their lawyers and cash bribes will not stop my agents from putting bullets in their brains. I have wide experience sniffing out wrongdoing; nothing escapes my notice. We will work together to send a simple message: "If you take government money, you had better not use it to pay your own bonus."

I will find every banker who scoffs at government regulation. Believe me, they won't be scoffing after my agents show up at their swanky penthouses at 4:30 in the morning. In fact, they'll be crying, begging, moaning, wailing, pissing and shitting themselves. A few will get angry and shout. But my men will pistol-whip them until they behave.

Enough talking. Let's get to work. We have an industry to regulate. And we have Enemies of the People to eliminate.

Thursday, February 25, 2010

COMMUNISM : STILL UNBEATABLE IN THEORY

AN ESSAY

During the Cold War, America faced a serious intellectual challenge. It fought several wars and invested its entire economy into proving that its free market economic system was superior to communism.

Between 1945 and 1990, communism appeared a viable alternative to the free market. In both theory and practice, the Soviet Union and China loomed as proof that major world powers could function under communist governments. During this era, America did what it could to demonize communist countries: They were repressive; they did not allow free expression; they made it hard to earn a living; they were gray, forbidding places; they did not offer limitless opportunities for wealth; you couldn't own a home. Yet until the Soviet Union collapsed in 1991, America did not have really tangible arguments to show that communism was ineffective. After 1991, it gained a valuable new rhetorical weapon. From then on, free market defenders could say: "See? Communism doesn't work. Look what happened in Russia. Our system is better. I told you so."

Many Americans accept this argument without further thought. If educational and social indoctrination did not suffice to bias them against communism, the "Soviet example" put the nail in the coffin. "Our system is better," goes the argument, "because the Russians lost and we won."

But why exactly did the Soviet Union "fail?" And why do Americans use the Soviet failure to claim that "communism does not work?" In my view, the answers are not so simple. To the contrary, the Soviet failure does not reflect that communism is theoretically flawed. It merely reflects that communism did not work in practice in Russia. More vexingly, Americans base their conclusion that the free market is "superior" to communism only after making some embarrassing assumptions about human nature. In a word, capitalist defenders must admit that human beings are greedy, rapacious, egotistical scoundrels in order to sustain their argument that "the free market is better" than communism.

Think about how Americans craft their traditional responses to the Soviet failure. They say: "Well, communism might be great in theory, but it doesn't work because of human nature." What exactly does that mean? After all, in theory, Marxism posits that every human being is equal and that every human being deserves dignity and respect. It warns against the divisive influence of private property on human relationships. It also posits that labor is free and that no man should exploit another for profit. Further, Marxism posits that government has a responsibility to care for people because government is essentially humanitarian. From a Marxist perspective, the people deserve care, not merely the freedom to exploit one another for money. Moreover, Marxism supports these principles by assuming that human beings are naturally good. It also places great emphasis on individual worth as opposed to economic "instrumentalization" that sacrifices individual identity for "usefulness."

Are these bad principles? Do they reflect a vicious attitude toward our fellow man? Certainly not. If anything, Marxism espouses an extremely positive--even brotherly--approach to human nature. Yet according to the capitalist defenders, this approach fails because it misapprehends what humans are "actually like." To defeat the Marxist vision, the capitalist defender must say: "No, this system does not work because humans are not brotherly. Rather, they are conniving rascals who seek at all times to enrich themselves, even if that means backstabbing and betraying their brothers. Individuality is only useful to the extent that some individuals can reduce other individuals to economic servitude. Additionally, this system does not work because humans do not live for equality and dignity, but rather for crass personal gain, even if that means oppressing and exploiting their fellow man. Finally, government does not exist to care for these rascals, but rather to allow them to engage freely in rascalry, because self-interested rascalry leads to economic prosperity."

In a word, the American response to communism confesses that human beings are ruthless, savage, insensate exploiters who have no duty to their fellow man. In a sense, it admits that the communist vision is admirable. But it discounts that vision by sighing: "We are not so noble." In a strangely depressing way, capitalist defenders take solace in the recognition that human beings are brutal competitors without decency or compassion. After all, that brutality and competitive spirit keep the shelves stocked and the children fed. Who cares about theoretical appeal when merciless self-interest gives you all the shaving creams, sneakers, steak varieties and breakfast cereals you could possibly desire?

In this light, I do not believe that the Soviet failure theoretically debunks communism. No historical event will ever discount Marx's hopeful vision of human society, nor will any one State's experience tarnish the communist ideal in theory. Perhaps communism will never escape its theoretical constraints. Perhaps no State will ever live up to its high theoretical ideals. Perhaps we are just not good enough.

But sometimes ideas are beautiful, even if they are not realizable in present circumstances. I think communism fits in that category. We can all dream about utopia, even if utopia is not attainable given our limitations. Still, that does not detract from the dream. If anything, it merely shows that we are not capable of living the dream. And that is not something to be proud of. It is just an embarrassing confession that highlights our weaknesses.

Maybe human beings will never successfully practice communism. But that does not prove that communism is "bad in theory." It merely proves that we are weak, selfish, fungible, vicious creatures. Non-communist governments accommodate that weakness and harness it to good effect. Yet I would argue that there is nothing laudable about our natural weakness. The sad truth is that free market prosperity depends on inequality, exploitation and savagery. Although the benefits might outweigh the burdens, it does not change the fact that it is an ugly business. And the individual only matters to the extent that he can use other individuals to enrich himself. That is pretty bleak.

But this is what makes America strong. What a strange business. In the end, the question is: "Who am I? What am I worth? Does anyone care about me?" The communist says: "You are a valuable individual. Everyone cares about you. If you are in need, you will receive help." The capitalist says: "You are nothing unless you make something of yourself. And if you don't, that's your fucking problem, because no one is going to help you, pal. So get out there and start earning."

Guess which perspective won? So much for humanity.

Wednesday, February 24, 2010

SLAVERY NOW : LET'S END THIS RECESSION ONCE AND FOR ALL


FREE MARKET SOLUTIONS FOR A MODERN ECONOMY

By : Mr. Davy B. Hutchinson V, Esq., CEO and Chief Executive Officer, Greater Hutchinson Properties LLC (Dallas, Texas); University of Virginia (J.D. 1982; M.B.A. 1984); Owner, approximately 35,000 acres in Texas, Oklahoma, Louisiana and Arkansas; Author, It's Hard to Break Even When You've Got a Damn Payroll (Aspen Business Press 2009); Republican; Married; Father of three; No criminal record.

For over two years now, our country has labored through difficult economic times. Although very few people have the courage to say it, we are in a Depression. No matter what the pundits on CNBC say, this is no Recession. It's not even the so-called "Great Recession." We won't get anywhere in these tough times until we are honest with ourselves. Don't be fooled: We are in a Depression. The sooner we recognize that, the sooner we can move forward.

We are in a Depression because it feels like it. Depressions are about perceptions. When employers think there's a Depression on, they don't hire. Unemployment goes up. When that happens, people have less income to spend in the economy. When people don't spend money, companies make fewer profits. And when that happens, companies cut more workers and even close down. Panic spreads. People lose their homes and fortunes. They start begging the government for help. Then their government aid runs out and there they are: Back in the Depression.

This is not good for America. Our country depends on private employment to survive. When average people can't get jobs in the private sector, we are in serious trouble. Let's be honest: It costs a lot of money to hire someone. And companies don't want to threaten their margins by taking a chance on a new hire. They could spend their money in much more profitable ways. Workers are expensive. It doesn't make any sense to hire them unless you can be damn sure they will bring in way more than they cost.

So what do we do? The Depression will not end until every American has a good, high-paying private sector job that pays the bills. The Depression will not end until companies feel secure enough to start hiring again. In a nutshell, we need to create good jobs so that people have money again. And to create jobs, the private sector needs money to pay wages to everyone else. Problem is, the private sector does not have enough money these days. We need to find a way to make sure private companies get enough money to start taking chances on workers again.

Since the Depression hit, economists and politicians have mulled almost every conceivable way to create jobs: Stimulus packages, government incentives, tax breaks and even cash bailouts. Nothing has worked; private companies still don't have enough money to hire people. Things aren't getting any better. To the contrary, they are getting worse. Government is not up to the challenge. As soon as you bring in government, it just makes things more difficult and more complicated. Americans don't want complexity. They just want paychecks.

Americans will get their paychecks soon enough. We simply must be inventive. We are Americans. We are smart. And we always find a way to make money in the end.

It is time for innovative solutions to save our economy. Today, I am happy to say that there is a vast, untapped source of prosperity within our very own borders. Our salvation lives among us and we do not even know it. Our salvation is African slavery.

We can break this Depression by reinstituting slavery in the United States. Our economy is in ruins today because nonslave labor costs too much. Hiring people in today's economy imposes an intolerable financial burden on private enterprise. Corporations have shareholders to worry about. Shareholders want quarterly profits. They can't get quarterly profits if they spend more than they make every month on employee payroll. And when corporations aren't profitable, they can't cut anyone's paycheck.

Nonslave labor has failed. We need to free corporations from payroll servitude.

Slavery will solve virtually every economic problem in the United States. There are 35 million Africans in this country. By abrogating their citizenship and designating them personal property, we immediately create an enormous, cost-free workforce. Companies with slave labor will be able to report quarterly gains again. That, in turn, will allow them to spend money on new hiring. Once they do that, more people will get paychecks and more people will start spending money in the economy.

Opponents will doubtlessly claim that slavery is no way to resolve our country's economic woes. They will inevitably say that "common decency," "dignity," "equality," "the Constitution" and even "history" prevent the United States from once again enslaving Africans. They will say that as bad as our economy may be, slavery is forbidden.

We can answer all these concerns. But before addressing our opponents' arguments individually, we must mention that saving the economy is more important than anything else. Americans would rather have jobs and a paycheck than a "Republic dedicated to equality and decency." Americans would much rather have a healthy economy than the vague assurance that "every man has an equal right to succeed" in this country. In fact, it is precisely the unwillingness to entertain slavery that landed us in this mess in the first place. If we really want to beat the Depression, we must be bold. That means embracing slavery, not running from it.

First, the Constitution poses no barrier to reinstituting slavery. True, the Thirteenth Amendment bans slavery and involuntary servitude in the United States. But the Constitution can be amended. If amended once, it can be amended again. Once Congress and the People see the enormous economic benefits to be won from slavery, we are confident that they will swiftly amend the Constitution to reinstitute it. And we are also certain that average Americans will appreciate that slavery will solve their economic woes once and for all. That will lead them to pressure their representatives to repeal the constitutional ban on slavery.

Second, our history does not frown on slavery. We are not "going back to the Dark Ages" by returning Africans to bondage in the United States. To the contrary, our country has a rich and vibrant slavery tradition. Slavery existed when this country was founded and it existed legally all the way until 1865. Since then, Africans have lived as virtual slaves: They die at younger ages; they do not attain educational eminence; they rarely attain economic prosperity; they live in much greater poverty than comparable white Americans; and they constantly claim that they have been "victimized," preventing any meaningful progress. If anything, then, the United States has long been friendly to slavery. Slavery helped shape this Nation in the past. It has always defined us. And now slavery will save us from economic ruin.

Despite all rhetoric to the contrary, history shows that America was a better country with slavery. America suffered no crippling Depressions before 1861. In fact, our national economy boomed in the pre-Civil War years precisely because the South churned out cotton without labor costs. After 1865, labor costs imposed intolerable burdens on private enterprise, resulting in several terrible Depressions. This shows that slavery provides insulation against economic collapse at the same time it generates healthy profits for private business owners.

We will make no progress against persistent economic malaise by turning to the government. Rather, we will only rescue the economy by reinvigorating the spirit of private property ownership that has always driven America forward. We will only regain our prosperity by refreshing America's passion for private enterprise solutions. We do not want handouts and bureaus. We want economic freedom.

Slavery delivers on all these points. By returning Africans to "property" status, we immediately create a huge new commodities market. That will allow for vigorous new exchange, as well as bank financing and stock market revitalization. Advertisers will win new contracts promoting slave sales, while interstate transportation entities will relish new business ferrying slaves from State to State. Housing contractors will also have a role to play by building accommodations for slave populations. In short, slavery will not only affirm America's commitment to private property ownership. It will also stimulate immensely beneficial free market activity.

Slavery also delivers significant indirect benefits. For one, by reducing the number of American citizens by 35 million, government will not need to spend as much on social entitlements. Social security and Medicaid payouts will decrease. With fewer necessary expenses in the budget, Congress will be able to lower taxes. That will allow private enterprise to hire more workers and reinvest their capital in profitable endeavors. Additionally, Federal labor laws will not apply to slaves, so private companies will be able to increase productivity without increasing wage costs. That will lead to a spike in production and more profits for domestic companies.

We need to worry about production in the United States. Without slavery, our economy sank into a dangerous trade deficit. Crippled by labor costs, entitlements, taxes and health care obligations, private companies could not produce enough to compete with countries like China and India. But slavery will correct the imbalance. Now, African slaves will cost employers next to nothing, allowing them to boost production and increase profits--all without commensurate increases in cost. Armed with increased profits, companies can invest in skilled workers, researchers and technology in order to propel American into a new Golden Age. The bottom line is that slavery will allow us to go toe-to-toe with China. Slavery works.

We are confident that the American people will see the merit in slavery. For too long, Americans have been brainwashed to believe that "slavery" is a dirty word. They reflexively recoil from it. But they must merely learn to understand that slavery is the key to our economic renaissance. As soon as disgruntled, underemployed American workers understand that slavery will get them a paycheck, they will quickly drop their hostility to it. When they see that slavery gets them a comfortable job, a nice new home, a beautiful two-car garage and even a few acres for themselves, they will stop fretting about dignity and equality.

Moreover, slavery is environmentally friendly. Enslaving Africans does nothing to poison water or air supplies. Enslaving Africans does not result in deforestation, nor does it threaten endangered wildlife populations. It is a "green" solution in the truest sense: It will not only make Americans money; it will result in clean air, too.

In a word, slavery has always played a role in American life. We have never fully moved away from it. It is time to get back to our roots and embrace it again. Our country was strong when private employers did not worry about crippling payrolls and social security taxes. Our country never suffered Depressions when we prized economic freedom over fanciful commitments to racial equality. And any American will tell you that he'd rather live in a country that does not suffer rampant unemployment than live in a country that forbids slavery. After all, abolishing slavery never paid anyone's rent or landed anyone a job.

Slavery means more jobs for all. Slavery means more private property ownership. Slavery means increased American production and viability on the world economic stage. Slavery means American prosperity. Slavery means home ownership and college education. Slavery means healthy waterways, wetlands and environmental protection. The list goes on and on.

In this light, let us speak out for economic freedom. Let us declare our independence from circular economic failures. Let us free ourselves from the tyranny of expensive labor. Slavery is our solution. It is our salvation. When America returns its Africans to slavery, no country in the world will ever threaten our dominance.