Review of The Cold War: A New History

While I normally avoid mass-market history books, as it’d been assigned to one of the IB classes I was assigned to teach the year before I read The Cold War: A New History by John Lewis Gaddis. What can I say about it that wasn’t already written in this eight pageNew York Review of Books article that gives it the proper criticism that it deserves? Not much, really. As Tony Judt notes, it’s aligned with the type of liberal triumphalism that Francis Fukuyama and others used to crow about prior to the numerous crises which liberal capitalist societies have experienced since 2008. It’s not just that the subsequent crises make the tone of capitalist banner-waving seem quaint but that the tone and outlines of historical development is idealistic to a fault, disturbingly uneven in it’s treatment of events and naïve.

How so naïve? Well, for one there are now a number of research articles (1, 2, 3) that attest to the fact that it was only a result of the Soviet state’s existence that workers in the West were able to obtain the gains that they did and that as soon as Socialism/Communism was no longer an ideological threat the attacks against workers rights and wages were accelerated. Additionally element of naivety is the fact that a number of major social repressions that occurred in the U.S.A. and other countries for ideological purposes is not, seemingly, worthy of mention. The numerous domestic Red Scares with the help of the FBI and the liquidations of Communist Party members abroad that were accomplished with the help of the CIA do not even get a footnote in Gaddis’ book. While the overthrow of Guatemala, Iran and Chile are mentioned the first two are glossed over as excesses excused by zealousness to protect those regions from Soviet influence while the last one is justified.

Additionally naïve is the manner in which, as Judt points out, Gaddis depicts the manner with which power operates in the United States. On page 168 he states, “The idea that their leaders might lie was new to the American people.” as if prior to the Cold War was a halcyon age wherein American politicians always kept their word. Not only that Gaddis frames such a claim such that it was the fault of the Soviets to cause such dissimulation. If only those people over there weren’t so evil and untrustworthy, he seems to state, then American politicians would never stoop to such behavior.

The lack of political economy in explaining material conditions of the combatant nations is also disturbing. It’s absence means that instead of macroeconomic issues creating social pressures and changes it is simply the whims of major actors that determined the direction and pace of historical development. The Soviet Union’s demise is due to moral failings of godless Communists rather than other historical, secular circumstances. This is not to say that Gaddis ignores political economy completely – but he does not do so in a way that is genuinely comparative. What this means is that while he will mention the large number of Russians killed fighting the Nazi’s during World War Two, the effects of this and the destruction of a large number of factories in Nazi Occupied countries that would soon fall under the influence of Stalin have almost no effect on the country’s ability to manufacture goods for the international marketplace. Because of this and a number of other omissions the criticism he makes – that the Soviet’s simply produced poor quality goods – lose some of the bite. While such a criticism is deserving – it is unfortunately lacking a full depiction in a political-economy constellation and thus the moralistic imprecations that follow which laud liberal capitalism.

In the end Gaddis’s view of the Cold War does not include the perspective of any people of any country affected by police or military conflict with the exception of those regions that sought to rebuff encroaching or existent Soviet influence. It is thus the perfect book for Americans looking to legitimize the notion that they won a moralistic war and that they can kick up their feet knowing that America is the epitome of ethical goodness.

Review of "The House of Morgan: An American Banking Dynasty and the Rise of Modern Finance"

Despite the fact that I have a stack of books resting on the stand by my bed ready to be read, when I saw a paperback copy of The House of Morgan: An American Banking Dynasty and the Rise of Modern Finance with a deeply broken spine at the Lake Worth Library book sale I decided to pick it up and place it first in the queue. Weighing in at 848 page, this was no small diversion from previously scheduled reading. I was, however, richly rewarded for my decision. It wasn’t a total surprise, it did win the National Book Award in 1991.

How did it do this? The account successfully manages to illustrate the myriad complex legal changes made in the United States from the 1860s to the 1990s in a manner both informative and stylistically compelling. By describing the actions of Morgan personnel, their competitors, those that would seek to regulate them as well as those that want loans the contributions of Pierpont Morgan, Jack Morgan, Tom Lamont, and many others are placed into a context that allows the reader to see the effects that various flows and concentrations of capital had on the world’s political economic system.

The history of the Morgan Bank is periodized into three distinct periods: The Baronial Age, The Diplomatic Age and The Casino Age. The book explains the reasons for the changes that occurs – whether it be increasing public distrust of banks to self-regulate or the increasing capital powers of companies to raise their own capital – and also gives accounts of the most significant issues the leaders of the various financial service companies that spawned from the Morgan Bank following the passage of Glass-Steagall had to face.
In the Baronial Age – most associated with the aristocratic Rothschilds, bankers relied upon an individual’s character and social connections to determine creditworthiness and competition between banks was moderated by The Bankers Code. The Bankers Code was the set of value–judgments that inhibited bankers from poaching clients and getting involved in cutthroat competition so as to make any services provided not profitable. This was an age when most bankers relied upon their connections to aristocrats to do business and as such were highly cultured. England, then the Financial Capital of the World was where George Peabody first began his transformation from rich to wealthy. Peabody, a miser who financed many British and colonial merchant ventures, was the true “founder” of the Morgan Bank. Taking on a young Junius Morgan in the autumn years of his life, it is only after Peabody’s death that Junius is able to gain greater access to elite and rename the enterprise to J. S. Morgan and Co. An Anglophile to the core with blue-blooded heritage, Morgan is able to become the pre-eminent representative of the American financial market. As a representative of the British Bondholders for capital investments in the United States, Junius was constantly advocating for the financial duties of his clients to be fulfilled. Thus though American, he consistently fought for the interests of what were predominantly foreign investors. This was a logical extension of the Bankers Code, which sought to protect creditors’ investment and thus demonstrate integrity. As time went on and national conflict grew this came to be a ticklish task to accomplish without unduly promoting the interests of belligerent states in Europe. This internationalist position ostracized the Morgan Bank from the domestic political leaders of the time, the smaller domestic banks that lacked access to the British and European capital markets and was one of the reasons that much of the press at the time likened them to a foreign power placing undue duress on American working men. The domestic policies, practices and investments of the Morgan Bank, however, elicited much greater public brouhaha in the news of the day. It was typical for Morgan executives to sit on the board of multiple companies that they had loaned money to – a circumstance that lent themselves to being depicted as a financial cabal running the country. During the railroad price wars, for instance, the Morgan banks involvement in holding companies purchases to help create a monopoly line in the North-East and North-West lead to congressional investigations that went largely nowhere. Chernow here also documents how typical it was for the bankers of this era to be so hard working that many died both rich and young. The work culture that Banks imbued is so taxing that a number of associates and partners die prematurely. Also worth noting is the particularly fascinating scene were J. P. Morgan is able to “save” Wall Street nearly singlehandedly.

During the Diplomatic Age, which occurred following the cessation of the First World War and ended a decade after the second – many of these prerogatives, policies changed due to the new situation on the ground. The bank slightly eased its underwriting policies – previously they has only been willing to underwrite “sure-things” – and became, to an extent, an extension of American diplomatic policy in Latin American and Asia. Innuendos voiced by government officials transformed into guarantees on return. Given the rhetoric and history of U.S. involvement in these places, this is understandable. Conflicts between other banks, previously seemingly small, start to become more heightened. The animosity between the Jewish banks and the Anglophile, Anti-Semitic House of Morgan are a partial cause for a new set of hearings. It is also during this time that the bankers heightened service for his clients is tested. As various foreign powers, such as Italy and Japan, began bellicose campaigns in foreign nations under the aegis of self-defense and development Morgan partners defend those that will soon be enemy combatants. The sections on the creation of an Italian-American news group that re-frames Mussolini’s actions in an American context and that is apologetic about Japanese military action in Manchuria. The Diplomatic Age lasts a little bit longer than the end of the Second World War, though this time instead of directly writing loans to destroyed countries seeking to revivify their industries they play predominantly an advisory role. Not only had experience shown that this was a problematic situation for these banks to operate in but also by this time the American Federal Government has successfully bureaucratized and expanded enough that it no longer needed to rely upon private financiers.

By the time of the Casino Age, the Gentleman’s Banker’s Code is practically out the window. Competition created by the resurgence of the defeated WW2 powers and the increasing ability means that the banks need to offer greater incentives to maintain clients as now large industries are capable of raising funs themselves. As a wide variety of cultural productions such as Wall Street, The Wolf of Wall Street, American Psycho, etc. have shown – this is when a massive consolidation of American industry occurs. The shift from Gentlemen Bankers to hot-headed, rash, ultra-competitive bankers marks a total one-hundred and eighty degree shift in the manner in which business is done. Sectoral shifts in policy are often initiated by the House of Morgan – which by now is a number of enterprises that actively compete against each other.

In Chernow’s depiction of these three epochs there are so many biographical/business stories that makes the world of banking not merely come alive but seem much more interesting than it had before. I enjoyed reading about the work-culture of Wall Street as well as getting to understand the minds working behind the scenes. There were several people that I’d like to learn more about, but considering the name of the bank I’d like to focus some thoughts on Junius Morgan.

He is depicted in the book as practically possessed by the need to collect as much of the “great” European art as he can. A telling statement that Chernow discovered is the fear that art sellers had that when he died the prices for their products would drop by nearly half. While I understand his desire to collect all of the treasures of the past that he thought the most edifying onto American shores so that those less financially endowed as himself could have the opportunity to visit it, I can’t help but wonder what would have happened had he encouraged the most talented artists in both Europe and Asia to relocate as a condition of their patronage.

One of the more interesting insights that I learned about Pierpont’s perspective was his attitude on macro-economic policy. Even thought he is considered the incarnation of finance capitalism today as in his own, his perspective was for a managed economy. At a time when an increasing number of attacks coming from the organs of industry promote political candidates that would enact austerity measures on the economy is worth finding examples of capitalists who THEMSELVES state that macro-economic planning principles are the only sound way with which to manage an already large and continuing to grow industrial economy.

While it may seem that this era has little to do with the present it’s worth noting that while talking about a different book of Chernow’s – Titan: The Life of John D. Rockefeller, Sr.Corey Robin posted a quote from this peer of the Morgan’s to Jodi Dean’s Facebook Profile. That commentators on the current state of political affairs continue to look at this period to contextualize the present indicates how a historical, material perspective is needed to understand the world rather than simply decrying an abstract “injustice”. It’s through understanding the people that lobbied and influenced government policies – as well as understanding how those policies function – that one can better understand both Wall Street and U.S. policies.

Much like Liquidated and To Serve God and Wal-Mart The House of Morgan: An American Banking Dynasty and the Rise of Modern Finance provides a history of Wall Street. I am grateful for Mr. Chernow’s contribution to my understanding of that world that is at the time of this writing so far away and yet having such a huge impact on both the USA and the rest of the world, especially at a time when J.P. Morgan associated banks are paying out more than 30 billion dollars for activities that many are calling criminal.

Review of Zalacain the Adventurer

I first came across Pío Baroja y Nessi in connection with Ernest Hemmingway. A famous anecdote states that while on his deathbed Ernest visited him to state that he should have won the Pulitzer Prize for literature. Baroja’s response to him was to the effect of, “Claro, tonto.” After reading online reviews I decided to pick up Zalacain the Adventurer, the short, picaresque novel of Martin Zalacain’s exploits leading to and during the period of the Carlist Wars in Spain.

In the tradition of The Adventures of Gil Blas of Santillane, Baroja introduces us to a anti-hero that through his wit, daring, and ability to address people at the proper social register is able to make a fortune while having a number of exciting episodes. While I don’t have as much knowledge of the period as the translator James Diendl has, from my having spent some time in the northern region of Spain (Catalunya) and reading about the political turmoil there in the 1930’s I would concur that Zalacain does seem to typify the “Basque character”. He is poor, living in penury at the beginning of the novel until his grandfather take him under his wing, but proud, is energetic, individualistic, has a resilient character in the face of obstacles to his wishes and is able to “pass” as a number of different identities because of his awareness of the social milieu. Diendl states that this characterization stems from Nietzsche’s influence and once again I trust him as it is clear within the text.

The reader is first introduced to Martin during his formative years in the small town of Urbia. Martin foregoes a traditional education and instead learns about the nature and the land around him. He is able to set and later inherits various gardens that allow him to forego entering into the market economy, but later decides that he will do so in part in order to win the affection of a girl in the town named Catherine. While not fully giving up the vagabonding life that Tellagorri, his grandfather, schooled him in he decides to get into trading. This is an especially lucrative business given the region is an intermediary zone between Castilian-Spain and France. The relative peace that he has, when not avoiding border agents and tax collectors, is shattered however with the crisis over who is to be the proper regent of Spain. The details of the Carlist Wars are complicated. As it relates to Zalacain, the conflict leads to many developments that upsets the lassitude of this otherwise sleepy, sheltered town.

The war makes the business of smuggling goods more dangerous and thus more profitable. As representative of various armed factions come calling for people to join them, this also leads to heightened tension between the various classes and the church. One highlighted conflict is between Charles Ohando, the fey-aristocratic brother of Martin’s love interest Catherine, and Zalacain. Three generations back, the great-grandparents of these men fought each other in the first Carlist war and Martin’s great grandfather was killed in the exchange. Thus while bad blood is the norm, during the period of peace Zalacain is able to come out on top and even avoid one of the traps Charles sets.

As might be expected by his being on the periphery of the exchange economy, Martin doesn’t really care about who wins and sees the exercise not based upon any grand sentiment other then disguised greed for power. When faced with antagonists to the Pretender, he and his friends fool the troops as to their political sympathies. This causes him to be briefly pressed into service, a fate far preferable to death.

From here a cat and mouse game ensues between those he’s escaped. Following his freeing he learns of his loves deliverance to a nunnery on the order of her older brother. Before leaving to search for her, however, he gets contracted by a merchant to get requisition documents delivered to a Pretender general. This while searching for Catherine, he must now also deliver these documents and obtain signatures without being recognized as a deserter or of being suspected as sympathetic and in collusion with the other side. I won’t provide any more plot points that might spoil it for the person that hasn’t read it other than to say that a number of funny and tense scenes entail that highlight the hatred that exists between the numerous regions of Spain and the conniving powers of Zalacain.

Interspersed throughout the travel narrative are jokes and songs and poem fragments. In the taverns I found some of the characters described to be quite funny and the dialogue to be especially compelling. Here is an example of one that exemplifies Zalacain’s realpolitik worldview:
“You shouldn’t talk, Capistun, because you’re a trader.”
“So what?”
So you and I steal with our account books. Between stealing on the road and stealing with an account-book, I prefer those that steal on the road.”
“If business were there, there wouldn’t be any society.” Gason replied.
“So?” Martin said.
“So there wouldn’t be any cities.”
“As I see it cities are made by the wretched and are used as objects to be sacked by strong men,” said Martin, violently.
“That is being an enemy of humanity”
Martin shrugged his shoulders.

The novel is short, I read it in two sitting, but I found it to be a quite enjoyable tale of a Basque individualist dealing with tragic/humorous situations. I’m not quite sure from this particular work that Baroja was correct in asserting that he should win the Pulitzer Prize for Literature, but having read this I’m definitely interested in reading more of Baroja’s work.

Floridians for a South Florida Land Management District

 

Floridians for a South Florida Land Management District (FSFLMD)

Phase 1: Project Formation

Statement of Need for Project Initialization

The Seven50 Plan for Prosperity outlines a number issues facing the South Florida region including but not limited to such issues as:

(1) Continuing population growth that requires the Region’s local governments to make major investments in infrastructure, to both maintain and expand existing services such as transportation, water, wastewater, solid waste and education for both existing and new residents.

(2) Environmental changes as a result of climate change that will have a major impact on South Florida’s land available for human use.

(3) The need for economic diversification, an increase in research and development projects and the creations of conditions that lead to the retention of postsecondary talent.

Despite these broad calls to action, however, there is no single group currently advocating for a comprehensive response for these issues that affect all of South Florida.

The two organizations that do concern themselves with such issues the Treasure Coast Regional Planning Council (which focuses on Palm Beach, Martin, St. Lucie and Indian River Counties) and the South Florida Regional Planning Council (which focuses on Monroe, Miami-Dade and Broward Counties) currently act merely as think tanks without the ability to enforce their rational, long-term oriented models for land-use and development.

Project Charter

In accordance with Chapter 186.502 Paragraph 3 of the Florida Statutes:

The regional planning councils are designated as the primary organization to address problems and plan solutions that are of greater-than-local concern or scope, and the regional planning council shall be recognized by local governments as one of the means to provide input into state policy development.

However Planning Councils are limited by section (4)

The regional planning council is recognized as Florida’s only multipurpose regional entity that is in a position to plan for and coordinate intergovernmental solutions to growth-related problems on greater-than-local issues, provide technical assistance to local governments, and meet other needs of the communities in each region. A council shall not act as a permitting or regulatory entity.

As such the members of the Floridians for a South Florida Land Management District (FSFLMD) seek to create a regulatory body (South Florida Land Management District) able to do more than propound limited suggestions as to what ought to be done. This regulatory body will be guided by the findings in the Seven50 Plan for Prosperity and will consist of, but not be limited to, the following powers:

  • Act as a regional regulatory body with various competencies that supersedes the powers of local and county governments.
  • Act as an arbiter for local governments in inter-jurisdictional conflicts.
  • Examination and rationalization of the motley patchwork of laws and taxation structures that discourage vertical development.
  • Encourage the implementation of long-term plans for growth and development aligned with the goals of Sustainability, Connectivity and Responsibility.
  • Creation and implementation of cost sharing strategies and savings plans between local governments to minimize the need for duplicative efforts.

Project Objectives/Success Criteria

  1. Create a detailed contact database of associated stakeholders, industry groups, professional and technical associations, subject matter experts and opinion makers.
  2. Identify the actors that would seek to constrain or assist the FSFLMD.
  3. Develop a coherent, consistent and multi-media call to political action on behalf of the FSFLMD.
  4. Create a detailed organizational outline, based upon the South Florida Water Management District, for consideration by the State Legislature.
  5. Determine the legal areas (ie. government Standards, industry standards and regulations) that would be reformed by the SFLMD
  6. Formation of a 501 (c)(3).
  7. Determine Goals, Indicators, Baselines, and Targets for Phase 2: Project Implementation.

Rules of Volunteering

  1. Work smart, not hard.
  2. Document everything.
  3. All outbound requests/deliverables get final authorization by Prof. Sheen.

Interview with Stitches

Screen-Shot-2014-05-16-at-6-26-05-PM_vice_970x435I first met Stitches outside of his now infamous show at Propaganda in Lake Worth. Halfway into the set he left in order to chase after his baby-mama, who was upset with him for giving out cocaine to some scantily-clad female fans on stage. I’d write more about it, but the video is, of course, available online. A few weeks later I started a correspondence with him. After he became convinced I wasn’t trying to do a hit piece similar to the one previously published by New Times but simply learn his thoughts about the role of drugs in music and society, he agreed to speak with me. He asked for my address, which I hesitantly gave, and said he’d be in contact with me. Three days later I received a letter in the mail. On it was a piece of paper “No photos bc GPS” and on the back an address with a date and time on it. When I put in the address snailmailed me into Google maps I became a little worried. I promised I wouldn’t say where it was, but this particular neighborhood has an sketchy reputation. I put aside my reservations and went anyway.

I pulled into the driveway and noticed immediately that the paint on the house was peeling like an albino gumbo-limbo tree. The metal bars over the windows and doors had a similar texture, but from rust slowly chipping away and explosing a vector for tetanus transmission. Once in the house with the unassuming exterior, the façade of normal poverty quickly dropped. Two large men guarding the door answered my knock and brusquely patted me down. “Back on the right.” one of them grumbled. He sat in an ornately decorated oaken chair with red velvet backing and a border of shiny circular metal grommets. His normally poofy mohawk was done now in spikes that stood straight up several inches. In front of him was a similarly baroque desk with a cut-open brick of cocaine sitting on top of a large mirror. Next to it was a hunting life that looked straight out of Rambo. After I declined his offer of a line of some “straight off duh boat pure flake” I began the interview.

Ariel

“So I guess my first question is why do you like selling blow?”

 Stitches

“Man, you even listen to my lyrics? I don’t like selling blow. I LOVE selling blow! And why, because of all the money man. I ain’t doing it anymore though cause I got too many eyes on me. Know what I’m saying? I don’t want to risk my son having to grow up without a father like I did, so I’m just making music now.”

Ariel

“You’re not selling blow anymore?” I say while motioning with my head to the desk and the house we’re in.”

 Stitches

“Heh, don’t worry about none of this. Nothing’s in my name.” he said with a grin that showed off his numerous gold teeth.

Ariel

“Ok… Let me my second to last question another way. I know you come from a relatively privileged background and I can tell by the way you’ve managed to get so much attention for yourself that you’ve got some marketing savvy. If making money is your goal why do it by drawing all this negative attention via the tattoos on your face and the messages in your mix No Snitching is My Statement and just devote those skills of yours into a different career.”

Stitches

“That’s a long fucking question with a lot of presumptions in them. Yeah, true, my fams wasn’t so poor that we were on EBT, but you know that’s not even the point. I just never felt that the drug laws, not to mention a number of other laws, were fully something I could wrap my mind around. I mean I understood that they were there, but they weren’t rational to me so I never felt the need to follow them. Those are rules for lesser people, you know what I mean? That said I’m not going to lie, man, part of why I started flipping bricks was because of the thrill it gave me, not out of need. The feelings of excitement involved in the game are just so fucking strong. On the way to a pickup there this tension of wondering whether or not a cop is going to fuck with you. Then right before the meet you stress about things like: “Am I gonna have to pull a gun on someone?” While you’re their you’re on full alert. Afterwards it’s like, “What am I gonna buy with all this cash?” That shit is all a high in itself. Reading a bunch of books to become a fucking marketer like you’re talking about, man, that shit just isn’t for me. That’s for Last Men. I knew early on I’d rather study the streets and learn my lessons from there.”

 Ariel

“So, would you say that a motto you live by is if it makes you feel good, do it?”

Stitches

“Naw, man, that’s some basic shit right there. Take a wider view of things. Contextualize this within the War on Drugs. Now people always talking about how it’s failed, but that all depends on what you define success as – right? “

Ariel

“True. So then how do you view the War on Drugs?”

Stitches

“Glad you asked. So, like, this cocaine right here started its production cycle in Colombia. Some broke ass farmers, whose major misfortune was being born into a region with limited choices for crops, into a family lacking any capital resources or ready legal access to it under a corrupt government still marked by colonial features that could give two shits about creating the economic conditions that will allow all but those that are already rich to thrive. Get me? So these people take this huge risk growing cocoa, cause their own government and the US government is trying to eradicate all their shit, because even though they’re making only a fractional percentage of it’s final street value they still make more than if they was growing maracuya, lulo, bananas or whatever the fuck. Now their doing this isn’t going to give them the money to send their kids to a private International school to get the kind of education and connections that will allow them to obtain true upward social mobility, but at least shit’s better and their not in as grinding a poverty if they were growing something else, right??”

Ariel

“Right. But, well, I mean they face a greater risk of death and dispossession…”

Stiches

“Spot the fuck on, man. Now think about it, that’s some real heroic shit right there. They’ve got super limited options in the conditions that they were born into and they decide to put their lives on the line to produce a product that people want just to make a little more scratch. Not to rob people or kill them, but just to be creators, producers of something. I respect that.”

Ariel

“So in your mind the war on drugs is a war against small-business entrepeneurs?!”

Stitches

“Nah, man. Like I said, think bigger and map out the connections. You’re thinking is positivistic and reified.”

Ariel

“What do you mean by that?”

Stitches

“Ok, so what I’m doing is deconstructing these positivistic notions that you and a lot of other people have about the War on Drugs. According to Frederic Jameson reification is defined as the removal of traces of production from the product. Now included in the production process are all the traces of distribution and legislation associated with it. I was just talking about the production side, then there’s the work that’s involved with processing and distribution – which is where the gangs come in.

These people are also subject to extra-national legislative pressures and policing powers that have terrible effects on the social order. Look at Mexico, man, when are people gonna start talking about that place as a failed state? Anyway, so the War on Drugs isn’t just this overreaching government attempt at the regulation of social mores, it’s really about means of partial control of countries through U.S. military aid. Not only do they give money to buy U.S. produced military equipment, but by training foreign soldiers at the Western Hemisphere Institute for Security Cooperation, formerly the School of America, the U.S. is able to place sympathetic military functionaries throughout the top echelons of those governments.

That ain’t the limits of product’s life cycle though. Many minds much more astute than mine have pointed out the debilitating social effects of mandatory minimum sentencing in America and how it mirrors Jim Crow policies. It’s all just a method of social and political control. A large number of businesses have attached themselves to this legislation and perpetuate the continuation of these failed policies simply because they make a lot of money off it.”

*

As I tried to wrap my mind around his unexpectedly intelligent answer to my questions a ferret with hair as white as snow freshly dropped on a Denver mountain peak came into my peripheral vision. It had in its mouth a small bag of money. It scurried past the rosewood desk. It, I presumed, climbed up one of Stitches legs. Stitches rubbed the creatures head. It cooed, dropping the bag. I noticed as the side of the animals mouth was rubbed that it’s teeth wasn’t what it was born with but was a golden grill. For fear of upsetting Stitches I held back my smirk.

Stitches then put the bag into a dropbox installed in the left drawer area of the desk. With his right hand still rolling circles onto the furred dome of the creature he then opened up the drawer to the right. The attention of the creature turned to the now visible booty. Stitches distracted the animal with by saying to it “Dineras is a good girl” repeatedly in a baby voice and a steady rubbing between the eyes. After quickly grabbing the treat from the small plastic bag he closed the drawer, turned the lock and brough the treat close to his chest. Dineras turned around. He moved the hand that had been circulating between the eyes and the top of his skull to it’s back. It ate the food from between his fingers and then continued.

*

Ariel

“Can I take a picture of her?”

Stitches

“Naw, the government’s tracking everything. I don’t want you uploading a picture that’s giving away the location of my trap house.”

Ariel

“Her name is Daenerys? Like G.O.T.?”

Stitches

“Huh? Don’t know what you’re talking about. Her name is like Spanish for money, Dinero, but cause she’s female it’s Dinera and because I want a lot of money it’s plural: Dineras”

Ariel

“Oh… Ok… Anyway, So I’m not going to lie, that was way more insightful than I was expecting. To follow up let me ask two things, first let me be clear, you admit then that you play a role in the perpetuation of this order of international domination.”

Stitches

“Bitch please, that shit ain’t on me. The majority of American’s are so apathetic to politics that they would rather let continue this sitch wherein their tax dollars finances civil wars in most of the countries that produce and traffic cocaine and pays for widespread violation of the libertarian intent of the Constitution through militarized policing just because to do otherwise would time away from their television watching.“

Ariel

“Ok, second question. So do you think that drugs should be legalized?”

Stitches

“As a tax-payer, yes. As a Christian, yes. As a libertarian, absolutely. But as someone that’s in the game and an American, hell no! The regulation that would be involved in something like that would rapidly deflate all the bumper profits from the trade. Plus without this means of controlling Latin America it’s possible they’d unite and be able to more seriously compete with to our economy instead of being crypto-colonial appendages to it!”

Ariel

“So who are some of your favorite producers and musicians right now?”

Stitches

“Mike Will Made It and Juicy J are killing it. I’d love to work with DJ Holiday and Southside. Trap Back is just fucking killer, man. You know what I’ve been playing on repeat though for the past few weeks, Run the Jewels I and II. Those tracks Oh My Darling Don’t Cry and Early, man? Fire! Speaking of which! You got to see this.”

*

            Stitches got up from his chair and went into the other room. I looked at the large pile of white powder with curiosity and thought about whether this was not a set up like some of the other stunts that I’d read about. I wanted to know if it was real but didn’t want to actually try it. Right after the thought left my head he came back in with a tortoise in his hands. Every inch of its shell was various colored jewels. Green sapphires, red rubies, purple amethysts and what looked like a few diamonds were all arranged in such a way as to give the creature a motley pattern. He put it down next to me. Each step looked pained to it, as if it struggled under the weight of all the precious stones attached to it.

*

Stitches

“That’s Run the Jewels. I call him that cause he’s covered in jewels and he can’t really run. It’s ironic, get it? I also call him El-T, like El-P, cause he’s a Tortoise and Killer Mike cause he likes pizza. Get it? Like the Ninja Turtle? Hahahaha!”

Ariel

“That’s pretty funny… So, I’m curious, why you selling your donk?”

Stiches

“Got tired of getting pulled over in it and don’t want people to forget about me while my next mixtape is in production. I wish someone would buy it already cause I’m donating the money that I get from it’s sale – because I’m such a baller and respect the people that helped me gain the fame that I currently have – to a Colombian collective farm so they can use the money to buy more livestock and thus more quickly multiply their standard of living conditions.”

Ariel

“Ok, before I leave. I got to ask, is that real?” then nodded my head to the bag of cocaine.

Stitches

“What do you mean, is it real? It’s there in front of you isn’t it?”

Ariel

“Yeah, I get that. But, well, I haven’t seen you do a single line of that powder. Is it actually cocaine?”

Stitches

“You’re welcome to try it.”

Ariel

“No thanks. Can you just honestly answer the question?”

 

Stitches turned a little bit in his chair. It was the first time that I saw his swagger falter. A little turn in his chair, that’s all that it took. I went on the attack.

Ariel

“Why won’t you answer? Do you have something to hide?”

A tear came to his eye.

Stitches

“No. No man, ok, no. That’s not cocaine. It’s flour. Truth is I used to work at Panera Bread,  and I love baking bread. Waking up really early, mixing and baking things that would feed lots of people gave me an incredible sense of purpose. It was one of the best times in my lives. The smells. Rye, barley, rosemary… Anyway, I got fired from there after I got caught smoking herb on my break. My songs are really just a celebration of that time that I felt such purpose and connection to the people around me.

He was now sniffling to hold back tears.

My song Brick in Your face? I came up with that when I was working there. While making stuff I’d rap about what I was doing, you know? Cause I was happy? So I was all like at my station making a sourdough and I get this feeling inside and just blurt out “I love pounding dough!” which later became the chorus of “I love selling blow!” And cause I was always curious with what kind of fillings people would put between the slices of bread I’d made I was all like “I put that loaf in your face! What’re you going to do with it? You like that taste best give me respect, bake u bake up bake up!”

And Mail? Man I’d just been thinking about how I’d know that if people were willing to buy my pastries via the mail then that’d mean they really respect my skills as a baker.”

Ariel

“So the tattoos of the AK-47 on your face and the stitches across your mouth..?”

Stitches

“Are just part of a carefully crafted image designed to give me and my music the aura of illicit drug culture authenticity that unsophisticated audiences require while simultaneously arresting the drift of all of my creative significations as an musician to reference all of the colonialist, racist and classist ideologies that various state and private apparatuses use to justify micro and macro management of fears through various forms of repression and policing while also indicating the need for people to speak up and be active against the perpetuation of such widespread human suffering so that a a few people can profit.”

 ***

You can watch the video for Stitches new single Facts below.

As indicated about, Stitches currently has his donk available for sale.

Also, as you can probably tell by now, I’ve never actually met Phillip Katsabanis/Stitches and this entire interview is fictional. I hope you enjoyed it anyway! Thanks for reading!

Review of "The Age of Abundance: How Prosperity Transformed America's Politics and Culture"

Brink Lindesy’s book The Age of Abundance: How Prosperity Transformed America’s Politics and Culture is an excellent narrative of the some of the cycles of American thought and politics and masterfully shows how it is that quantitative shifts in general material well-being can create significant qualitative shifts in thought. Brink writes through a lens that applies several of Karl Marx’s materialist and historical categories, but does so in the vein of Max Weber. While this does at times preclude consideration of the economic factors that inform the development of various personal and social agency, I did not find it to be something that was generally overly problematic. I say this as Lindsay writes from the position of an expositor rather than an academic demagogue – something that’d I’d first been concerned about given his relationship to the Cato Institute. The clear breadth of his research into the subject, the warm, friendly tone of his commentary and the analysis which never falls too long into excessive details and the framing of his tale into a form matching Nietzsche’s Birth of Tragedy makes the book for a compelling read on how it is that America’s transition from a fundamentalist, frontier, material culture to an affluent, post-materialist one. For Lindsay, these reactions presage and inform all of our contemporary Culture Wars and furthermore hint at the possibility for a greater reconciliation based upon the libertarian aspirations engendered by a post-scarcity context of material abundance.

Scarcity, technological crudity and cultural under-development was a defining feature of 19th and early 20th century America. As America shifted from a society whose production still predominantly consisted of craftsmanship to industrial production there were many significant cultural, social, and economic changes. Agriculture was the primary avocation of many American up until the beginning of the second world war, the number of American’s graduating from high school, going on vacation, with an income that they could dispose on novel consumer goods was all quite small. Prior to World War II, America was still, in phrasing that we would use today, largely a second world country. World War II changed all of that and created such great reserves of wealth among the elite and militancy amongst the workers demanding a portion of it that the government could not overly resist their demands and it was shared. As I hinted at in the above, Lindsay sees the two major responses to such wealth to be Dionysian and an Apollonian, or as he puts it in his words libertarian and conservative. Increased purchasing power and advances in technology, be it in the realm of transportation or in family planning, radically shifted the realm of potential social forms. It became easier than ever for children to leave their homes and the support structures which once kept them in check. The symbolic possibilities for self and group identification multiplied exponentially which, combined with the real threat of potential nuclear annihilation helped engender new forms of “counter culture”.

These counter cultures were in many ways a conscious refutation of the staid, puritanical bourgeoisie order that had previously encouraged thriftiness, delayed gratification, industriousness, etc. Now that people no longer had to annually carry tons of wood to light their homes but could simply turn on a switch, now that people could go to a doctor instead of pray to get better, now that people were increasingly literature and could take part in the cultural wealth made available to them by previous generations captains of industry and robber-barons who sought to immortalize themselves through public arts bequests the shift of American’s concern was not on the immediate needs to replicate life but on more abstract notions like happiness and self-actualization. These were not the sole preoccupations of Americans, many still sought to accumulate wealth and status and found the disruptive activities of the counter-cultures to be upsetting. Affluence was thus not a balm upon the soul of Americans but a new battleground manifested by all the varieties of life-styles that it enabled. It is as a response to this outgrowth of New Age morality predicated on epicureanism, sensualism and a resistance to engage in banal forms of labor that Lindsey sees the development of the evangelist movement in the United States. While pulling intellectually from the fundamentalist tradition, a term now unfashionable and thus in need of re-branding, it sought to provide an avenue to channel the anxieties created by such worldly affluence. These fears over the new parent-child, racial, gender, labor-management and religious relations helped engender a politically conservative backlash that divided states into reds and blues. Funding for minor arts programs became hot-button issues and as the ownership class increasingly supported the leaders of these religious revivalist movements. Additionally, with the increased awareness of political issues and disposable money able to support NGOs, a new era in political consciousness and activism emerged.

Such a wholly antagonistic relationship was bound not to last, Lindsey points out, as there is an essential difference between the Christian gospel which seeks to ameliorate the sufferings of poor and deny the exploitative rich man into heaven with the capitalist one that seeks to personally benefit from others labor as cheaply as possible. Additionally, the failed New Left movement of the 60 has increasingly sought accommodation with the state rather than a total overthrow of all hierarchies. Because of these two developments Lindsay points out how currently there is an increasing convergence of the values advocated by modern politicos. The liberal and conservative positions have merged in many ways and this, he states, has opened up the field for increasingly libertarian policy promotion. While the form of the community may not have been settled, mutual recognition and respect of a yearning for it has been. The recognition that workers immiseration is something to be resisted has not been completely reconciled but is no longer solely recognized as the cause of individual failings except by the most intractable ideologues. Increasingly the command and control regulatory structures designed to promote economic growth was dismantled and reformulated way due the realization that it promoted inefficiencies and engendered perverse incentives. These re-regulations have not always been perfect and are still a battlefield, however many of the core values informing debate on them are agreed upon if not the form they take in operationalization. This along with the increasing fractionalization of group identities had made it more difficult for one cultural group to excerpt hegemonic control over another – though recent data on public policy suggests that this is not true and that the economic elites actually do – and that the time of polarization is mostly over due to the realization that compromise is necessary. I greatly enjoyed this book and would assign it for freshman survey courses in American history.

Abstract for Presentation at 12th Annual South Florida Latin American and Caribbean Studies Conference

Socialismo Maduro o Socialismo Inmaduro: Venezuela en la Encrucijada

Recent disturbances in Venezuela are attempting to undermine the legitimacy of the democratically elected Maduro government through domestic civil unrest magnified internationally through a global online awareness campaign: #sosvenezuela. Activism directed against the government has pulled from the traditional playbook of the populist left and invited repression whilst airing grievances and uniting around a prospective new government figurehead, Leopoldo Lopez. The response by the police and military as well as para-governmental Chavista forces, such as the community militias, has thus far been swift and spectacular but has not reached a tipping point that would serve as a pretext for foreign military intervention.

The manner in which this crisis is managed will likely come to be seen as equally significant as that of the coup attempts and oil strikes of 2002 and 2003 and, to a degree, indicates the level of mobilization and commitment of the lower-classes to the Bolivarian revolutionary process. Such commitment to “el processo” is especially timely now as thus far the Maduro government has struggled to manifest the vision propounded by the United Socialist Party of Venezuela in the most recent elections. The state media thus far has explained food shortages and infrastructural problems as symptoms of foreign attempts to destabilize the regime, as was done to Chile in 1973, while the international media has framed it as an issue of a juvenile leader’s incompetency or the result of a malignant, antiquated ideology. My presentation will analyze these currently on-going events and coverage of the domestic unrest in Venezuela in an international and historical context.

Plan Preliminar de Proyecto de la narración de cuentos para National Geographic

Mi proyecto de narrativa digital propuesto se centrará en Chile , Perú y México (CPM ) para investigar algunos de los cambios que podrían introducirse por la Alianza Trans -Pacífico para luego ser ratificado (TPP). Documentales de larga duración – reportaje sobre este tema es oportuno, ya que sólo algunos de los numerosos e importantes cambios de la TPP hará que incluya la capacidad nacional signatarios para controlar las áreas de política relacionadas con la biodiversidad, el cambio climático, la autosuficiencia alimentaria, culturas políticas y ciudades composición por aceleración de la urbanización. Que yo sepa no hay en la actualidad los principales medios noticiosos abordando este, que es inusual, ya que los que han comentado que por lo general lo describen como un TLCAN ampliado , un acuerdo comercial que ha tenido enormes efectos sobre múltiples registros en los Estados Unidos y México . He elegido estos tres países ya que son ellos son los únicos países de América Latina (AL) a participar en las negociaciones del TPP, que hablan español, tienen un fondo en LA la economía política y la literatura, he crecido entre modo de América Latina sería culturalmente competente , mientras que en esos países, y soy capaz de utilizar los recursos personales y profesionales para conectar con varias personas e instituciones que estén dispuestos a ayudar en el proyecto de narración de cuentos.

Mientras que en México y Chile, voy a ser capaz de obtener cartas de presentación para los académicos, funcionarios públicos y los trabajadores de las ONG a través de mi antiguo profesor de Estudios Latinoamericanos, que ha trabajado mucho en los dos países. En Perú, voy a ser capaz de conectarse a las redes de empresas a través de un amigo personal cuyo padre está involucrado en el equivalente de la Cámara Americana de Comercio. ¿Cuál será, además, que me ayude a conocer a gente para las entrevistas es mi amable forma, saliente afilado de haber viajado mucho. Mi experiencia como educador, politólogo e historiador me permitirá contextualizar temas generales (Ciudades, culturas ) de una manera que permite centrarse en los aspectos más relevantes en relación con el lector. Algunos ejemplos de mi enfoque incluiría abordar preguntas a los políticos, ONG y activistas de la comunidad , tales como: ¿El componente ambiental del TPP significa que las regiones que actualmente protegidas para su uso en el turismo ecológico se convertirán en los sitios de las industrias extractivas? ¿Cómo son las leyes nacionales de protección de la biodiversidad va a verse afectada por un nuevo régimen de las leyes internacionales de derechos de autor? ¿Cómo son los gobiernos municipales y nacionales planean respuestas a su crecimiento proyectado de la población a raíz de la mayor capacidad de los inversores internacionales para comprar, infracapitalizadas pequeñas explotaciones tradicionales ? ¿Cómo son las culturas nacionales, tradicionales adaptándose a las presiones del mercado internacional, ya sea la migración o las nuevas prácticas? ¿Cuáles son algunos de los métodos que los grupos de la sociedad civil, así como los burócratas del gobierno local y nacional son el fomento del uso de nuevas tecnologías para ayudarles a gestionar estos temas? ¿Cómo es el acceso a los recursos oceánicos asignado, supervisado y regulado? ¿Qué impacto, si lo hay, el nacimiento argentino Papa Francisco y el fondo de los jesuitas tienen en estas áreas antes mencionadas? Además de esto, mi informe también posarse sobre temas de interés general más, como la cultura y la comida. Como tengo una amplia experiencia de viaje, soy un chef y entusiasta usuario de los alimentos y de intercambio de experiencias sitios web de medios sociales que planeo en tratar de incluir la mayor cantidad de contenido de este tipo de lo posible los viajes. Prácticas de abastecimiento de alimentos, recetas y costumbres generales pueden no parecer tan importante en un tema a la luz de estas otras preocupaciones, pero también son importantes para proporcionar una imagen global de la chilena, el estilo de vida peruana y mexicana en relación con estos cambios.

La presentación de este material tendrá un enfoque multi-media. Aunque me imagino que la mayoría de mis informes será una combinación de texto, fotos y varios cuadros y gráficos que pueden proporcionar una indicación visual de algunas de las áreas temáticas que estoy investigando También me gustaría obtener la mayor cantidad posible de metraje con los que soy capaz de conversar con en Inglés . Como soy experto en el uso de iMovie, creo que podría producir hábilmente segmentos cortos de vídeo para subir a donde se pide de mí.

Mi plan de viaje es pasar de la ubicación más al sur y luego hacia el norte, desde Chile a Perú para México. Este patrón se repite dentro de los propios países, ya que será el más eficiente para medir el tiempo y me permite evitar clima fuera de estación. En cada país que visito me gustaría pasar mi tiempo principalmente la investigación de los centros financieros, industriales, culturales y políticos, así el parque adyacente y regiones agrícolas, que también se ve afectada por el TPP. Lo que sigue es un itinerario general y una breve explicación de por qué se trata cada lugar que merece exploración relacionadas con los temas del proyecto en lo relativo a la conservación, el desarrollo y la innovación.

En Chile empezaría en Puerto Montt, una región, una vez independiente, que es ahora un centro de transporte clave conocida por su industria del salmón de tamaño considerable. En 2007 este sector tuvo que cambiar rápidamente sus prácticas cuando el hacinamiento y el virus ISA hecho perder gran parte de su población. Una característica adicional de Puerto Montt es su proximidad a la isla de Chiloé, el lugar de la comunidad indígena importante y una parte importante de la industria del mejillón de Chile. ¿Cómo los esfuerzos de conservación del medio ambiente de la vida marina y de la gente profundamente conectados con el mar se verán afectados por TPP serán sólo dos puntos de la investigación . A partir de ahí me gustaría tener un viaje a Concepción – la cultura juvenil y la música rock la capital del país. Una investigación de las diferencias entre la región, una vez independiente Puerto Montt y la segunda ciudad más grande se muestran las diferencias en cuanto a cómo se sintió el TPP en cada región. A partir de ahí me gustaría ir a Santiago, económicamente dividido el centro industrial del país. Yo creo que aquí iba a ser capaz de obtener una perspectiva más urbana en los puntos de vista contradictorios hacia el TPP. Una de esas historias, por ejemplo, podría incluir una investigación de Los Caimanes, justo al norte de Santiago. Este es el hogar de las minas que han sido un punto de controversia entre la comunidad indígena mapuche local y una empresa chilena sobre el uso de este último de agua. Desde aquí me gustaría ir a Valparaíso, que destaca por sus nuevas formas de transporte público, una fuerte herencia europea evidente en los estilos de vivienda de los diferentes barrios y un lugar para explorar cuestiones de la conservación frente a la innovación, tanto en la vivienda de la ciudad y el mercado de bienes raíces comerciales y también en lo que respecta a los parques protegidos a nivel nacional alrededor de él. Como los parques nacionales en la actualidad componen el 19% de la superficie del país y potencialmente podrían convertirse en sitios de la industria extractiva, me gustaría visitar la Reserva de la Biosfera de la Reserva Nacional Lago Peñuelas adyacente a Valparaíso. Además vale la pena mencionar es que ya que se considera la Tierra de poetas, me gustaría incorporar algunos elementos de la historia cultural en mi narración – ya sea de visita en la antigua casa de Pablo Neruda o una de las guaridas de Roberto Bolaño .

En Perú me gustaría comenzar mi proyecto de narración de cuentos en Arequipa mediante la investigación de cómo las nuevas capacidades de inversión fuera del centro industrial se acelerará la transición del campo de prácticas agrícolas artesanales hacia el aumento de la urbanización. Los problemas políticos y culturales creados por la propiedad de tierras altamente centralizado, en una cuestión política que se repite en América Latina, se ha dejado sentir con especial dureza en el Perú debido a las preocupaciones raciales y étnicos. ¿Cómo es que el gobierno y grupos de la sociedad civil están pensando en manejar este problema después de la exacerbación probable de la brecha económica con el paso del TPP será un tema importante me referiré. Un segundo es el uso cada vez más planificada de agua en la periferia a través de riego y tercera se refiere a la clara, la UNESCO reconoció la arquitectura Arequipeña y manera de hablar. Desde aquí me gustaría ir a Cusco, la antigua capital inca y ahora un destino turístico importante para resaltar los problemas alimenticios y de biodiversidad , tales como los efectos culturales provocadas por un aumento de seis veces en los ingresos mensuales producidos por la creciente demanda mundial de quinua. Cerca de Arequipa se encuentra el Parque Nacional del Manu, catalogado como el lugar de mayor diversidad biológica de la Tierra. También me gustaría visitar aquí, así como para que aparezca como el parque ha sido parcialmente privatizada para la explotación de gas natural a pesar de las protestas por parte de la ONU debido a su repercusión ambiental y la reubicación forzosa de numerosas comunidades indígenas. Una vez en Lima, la capital gastronómica y financiera , habría un mayor acceso a entrevistar a personas que trabajan en proyectos relacionados con el parque de Manu , así como el reciente aumento de los intentos de encontrar fuentes de petróleo, metales y explotación de minerales. De especial interés es cómo es que las operaciones mineras ilegales y los vertidos de petróleo están afectando a la Amazonía. Desde aquí voy a ir a Trujillo, la capital cultural del Perú y considerado por el Banco Interamericano de Desarrollo para ser primera ciudad sustentable de la región. Exposición en qué es exactamente lo que esto significa y cómo se relaciona con la preocupación por el cambio climático será un foco importante de investigación. Es condición de un modelo de ciudad y cómo se ha tratado con un crecimiento de la población de casi el 100 % en 20 años sería de temas clave a tener académicos y planificadores urbanos discutir. Continuando contrastar las culturas de los pueblos indígenas y los descendientes de inmigrantes europeos se hizo muy visible a través de los templos del Sol y la Luna.

Desde aquí me gustaría ir a Mazaltan en México. El “capital de camarones del mundo” y una fuente importante de pescado procesado en el país, que estarían aquí sondear cómo sus industrias pesqueras se enfrentan a problemas similares a los de Chile . Mientras se enfrentan ccsme en vez de ISA , como el gobierno, el sector privado y los organismos reguladores internacionales frente a esta y al mismo tiempo que compiten por el acceso al mar con buques de crucero turístico recién re- autorizados ofrece numerosos espacios de una idea de cómo la población local navega intereses en conflicto. El ir a Puerto Vallarta, además, me permitirá poner de relieve cómo aquí , a diferencia de Chile y Perú , el rápido crecimiento de la población ha dado lugar a numerosos efectos negativos en los cursos de agua , un problema importante teniendo en cuenta el gran papel que el turismo desempeña en la zona, y el acceso a los servicios básicos. Desde aquí me gustaría ir a Chiapas para poner de relieve las divisiones a veces graves que existen entre las zonas rurales del sur de México y es la región norte más industrializado. Para ilustrar mejor las diferencias entre estas regiones me permitiría ir a la Ciudad de México. Me gustaría aprovechar este tema , sino también investigar cómo es que los grupos civiles , como el Grupo Eólico México , han solicitado con éxito al gobierno a establecer una meta de tener 35% de ellos de uso de la energía producida por el viento en 2024. Adicionalmente digno de atención es los efectos de la reciente apertura de la inversión en la historia estatal del sector petrolero del país.

Es importante visitar todos estos lugares para ilustrar la variedad de las condiciones políticas y ambientales que el TPP en breve se implementará pulg Como el desencadenamiento de nuevas fuerzas de mercado y las normas comerciales no tendrá impacto en cada región de la misma manera, los consumidores de la contenido produzco obtendrá una perspectiva más amplia de lo que las condiciones son que el TPP se afecta.

Venezuela’s Political Economy Since the Collapse of the Partyarchy and The Transition to “21st Century Socialism”

Following the election of Hugo Chávez Frias in 1999 Venezuela re-entered the consciousness of the U.S. public after a long period of relative obscurity. In rhetoric reminiscent of the Cold War, mainstream U.S. news commentators quickly adopted a sensationalist narrative of “capitalism and democracy under attack,” categorizing the newly elected president as anything but a rational or stable political actor. Fox News commentator Bill O’Reilly has called Chávez both a “brutal tyrant” and “Jabba the Hut”, a reference to the corpulent Star Wars villain. Such personal attacks and paternalistic protestations from a perspective that views any contestation of American capitalist interest as bad clearly illustrates how such accounts of the regime focus on institutional operations while ignoring the history of the Venezuelan state, obscuring the causes of institutional degeneration and deemphasizing the large margin of Chávez’s first and subsequent electoral victories.

While it is easy to dismiss such a perspective as vulgar, jingoist demagoguery, this was not the only criticism leveled against the new regime. Indeed, scholars focusing on Latin American and issues of democracy have raised their voices into a chorus that delve deeper into concerns over the Venezuelan state and its economy. Jorge Casteñada, Javier Corrales, Manuel Hidalgo, Anthony Spanakos, Scott Mainwaring, Michael Penfold-Becerra, Rafael Utcategui and Miriam Kornblith are some of the main researchers that have been critical of the actions of the newly formed “Bolivarian” state and the statesman that acted as the figurehead of its foundation until his death in 2012. Their writings represent a critical stance grounded in the historical, empirical realities of Venezuela and see the form of changes as, depending on the author, being a variety of neo- or military populism, participatory competitive authoritarianism, or bureaucratic opportunism lacking a rational economic foundation for sustainability that will cause the country to collapse into a crisis akin to the one that created the conditions which brought Chávez to power.

These assessments on Hugo Chávez and the Bolivarian state are, however, not without contestation. Because the policies Chávez enacted sought to replace liberal democracy with a participatory model, undermined neo-liberal economic policy proscriptions domestically and in other parts of Latin America, and increased social spending in an atmosphere of austerity all while Chávez openly courted the international socialist left, his message and actions have fallen on receptive ears willing to refute or recontextualize the aforementioned critics. Some of the scholars that have exposited on the beneficial nature of Chávez’s policies include Steve Ellner, Gregory Wilpert, Thomas Muhr, Roger Burbach, Camila Piniero, Cristobal Ramirez, Roland Denis, Sujatha Fernandes, Richard Gott and Iain Bruce. They see the state’s actions largely as an imperfect attempt to reinscribe the economically marginal into civil society and the state as well as widen the democratic process by countering the previous hegemony of economic elite interests in the policy making and implementation process.

This polarization of perspectives on Bolivarian Venezuela and Hugo Chávez is a reflection of the political polarization that exists in the country itself, a fact to which both pro- and anti-Chávez partisans admit, as much as it is an expression on the contested composition of global capitalism. This essay will illustrate Venezuela’s political development leading to the institutional crisis which brought Chávez into power, and then outline of these two antagonistic perspectives, giving a cursory review to some of the divisions within these camps, then provide an explanation as to how it was that 21st Century Socialism came to be a Chavista slogan. This paper will also, in close, provide a short outline of the current rule by Chavez’s chosen successor, Nicolas Maduro.

II. Venezuelan State Formation

The modern Venezuelan states emerged with Juan Vincente Gomez. Following his overthrow of Jose Cirpriano Castro Ruiz, Gomez began consolidating the cattle industry through coercion and incorporating state presidents into a national profiteering network populated by military officers that had assisted him in the coup. By allocating spoils to the presidents of distant regions, and by extension their subordinates, he assured their allegiance to him. While Gomez’s attention was primarily directed upon the cattle industry, it extended to “all such ventures depended on political power to function through the distribution of profits up and down the political hierarchy, binding men to each other and to Gomez for their mutual benefit and thus strengthening the state” (Yarrington 20). While the death of Gomez in 1935 eliminated this specific sector of grievance following his successor, General Lopez Contreras, breaking apart this and several other monopolies, this dynamic of state corruption and the populations ritualized submission continued and expanded with the discovery of oil.

At the time of the discovery of oil in Maracaibo, Venezuela did not have a diverse, industrialized economy, democratic state institutions, or a professional bureaucracy. New property laws were written to deal with oil companies in such a way that the state was considered the negotiator/owner for corporations seeking to purchase or rent land (Karl 73). As outlined in the Petroleum Law of 1922, this had the effect of centralizing power in the executive, increasing the state’s jurisdiction and making it unduly dependent on a percentage of oil revenues for its operation funding. The money used by these taxes was used to co-opt groups in opposition to its choice of distribution, and had the effect of limiting the choices made available to politicians, especially as the diversification of the tax burden was fought both by popular and capitalist classes as burdensome. Lacking a professional intelligence apparatus, the oil companies provided the government with information on “subversives”, a code for revolutionaries, and subsidized the police forces (Salas 123). Unsurprisingly, Venezuelans resented such a situation wherein they were excluded from the intertwined political and economic process, and organized into several groups such as Accion Democratica (AD), Comité de Organización Política Electoral Independiente (COPEI), the Venezuelan Communist Party (PCV), Union Republicana Democratica (URD). Together they successfully applied pressure and were increasingly presented with progressive policies.

URD, COPEI, and AD, but not the PCV, claimed that reform measures were insufficient in scale and speed, circulated the allegation that the government was directed by foreign interests and initiated a coup that would begin the trienio experience (Ellner 40). COPEI, AD and the Confederation of Workers of Venezuela (CTV), which had been infiltrated and domesticated by the latter, initiated a period of radical reform that was unmatched in the region (Maher 185-186). The burst of radicalism was suppressed for nine years by another military dictator, Perez Jimenez, and was continued in the form of political expulsions following his overthrow and ascendency of A.D.’s Juan Betancourt from key politician in the new ruling junta to the office of the presidency (Maher 187).

The pact of Punto Fijo and the minimum program are considered by all commentators on Venezuela as watershed moments for subsequent political development. The rationale for AD, COPEI and URD was to have all agreeing parties respect the elections, thus allowing for the continuity of governance, and the radical nationalist, socialist and communist groups be excluded. While this 35-year period of “democratic” rule is noted for its stability, as well as its increasing presidentialism, it’s not generally attributed to its institutions or policies but to the global price of oil, the incorporation of dissent into the matrix of corruption, and the lack of viable or visible political alternatives (Karl, 288; Ellner, 82). During this time period was not the consolidation of substantive democracy but a formal one. The recurring phrase in the literature is of a state within a state, and this was most evident in the state’s deference to FEDECAMARAS, large land-holders, bankers and commodity importers rather than the electorate. Such a balance of political power lead to policies promoting clientism rather than professionalism, deleterious urbanization, and rampant corruption that had made the country a target for the Washington Consensus and radical domestic reform (Gott 81).

In staggering contradiction to the numerous American politicos that have fanned fears over Chávez, almost none of the literature on Venezuela attests to this period ever being a robust democracy. Indeed, even those that frame Venezuela’s history since Chávez as one of democratic deterioration either don’t delve deeply into the history of the state or agree that prior to his ascent the institutions of the state significantly lacked democratic qualities in several areas and was best defined as being a partyarchy (Coppege). Greatly restricting the capacity of political actors not associated with AD, and COPEI, the Pact of Punto Fijo had carved out sectors of political influence and made the PCV illegal. The various factions once associated or identified with the PCV soon began a Che Guevara-inspired domestic insurgency the led to massive repression (Maher). The groups were not as large or relatively successful as in other Latin American countries in part because the oil-funded state spent heavily on its secret service (DISIP) and subsidization of a variety of goods, thus allowing the top-down nature of decision-making within these increasingly clientelistic, corporatist structure to continue. Mainwaring still considers the regime to have been “competitive”. His basis for stating this is that while from 1959 to 1993 there was certainly no possibility of political representation outside of those two parties by 1993 Movement to Socialism (MAS) and La Cause R (LCR), both composed of former leaders of the leftist guerilla insurgency, were viable left-wing political alternatives. Convergencia, the organization in charge of the electoral campaign for former president and COPEI leader Caldera, was also widely supported, even winning and thus to Mainwaring, the electoral turnout for these three non-AD/COPEI parties illustrate that there was a vibrant political alternative.

Steve Ellner and Richard Gott protest such a characterization, instead claiming that while their was limited conflict amongst the party elites of AD/COPEI, neither they nor MAS, LCR or Convergencia contested the IMF structural readjustment policies that were imposed upon Venezuela. These policies had led to a massive withering away of the state’s social spending, was contributing to the atmosphere wherein the PDVSA was opening up to the possibility of privatizing the state’s oil holdings and the populace not in the upper economic echelon faced foreign-structured immiseration, packaged as el Gran Viaje. A sustained decline had been occurring since the 1980s due to political ineptitude and the maintenance of political influence networks, and the experience of the urban masses was such that it no longer desired either the acceptance of such policies or the parties that would promote them. Thus Hugo Chávez emerged as an anti-systemic candidate to change the rules of the game. He repudiated the forces that directed economic development towards neoliberal ends, halted capacity for upward social mobility, and decreased popular political representation – some of the classic qualities of a populist. Because of these characteristics he was widely, even before his election, called a populist.

III. 1998 Elections & the Dissolution of Adeco/Copeyano Hegemony

In the past forty years only two U.S. presidents have won by a popular majority, Ronald Regan and Richard Nixon. In his first electoral campaign in 1998, Chávez took 56.2% of the national votes. In every subsequent election, barring the 2007 constitutional reform referendum where his proposals were defeated by a 1.4% margin, he obtained a greater than 50% victories and also increased his electoral base in absolute terms (Lopez-Maya 145). The composition of his opposition was largely the now marginalized from party-power former bureaucratic elites, the capitalist class that had its prestige and influence diminished and the United States. While the domestic opposition still had the financial ability to support candidates they now lacked any modicum of popular support except in the CTV or the capacity to mobilize the state, the traditional bulwark against major political changes. This made their desire to supplant Chávez a largely uphill battle that quickly escalated into unabashed class conflict. International opposition funding through the American Center for International Labor Solidarity (ACILS), the National Democratic Institute (NDI) and the International Republican Institute (IRI) also increased, soaring especially high immediately prior to the 2002 recall election. According to the figures found in the IRI’s report, spending on programs to supplement “democracy” increased by a factor of seven from 2000 to 2001 (Clement 69-70). In election propaganda the opposition was labeled as a fifth column for U.S. interests. Coralles and Penfold-Becerra describe this time wherein Chávez proclaimed his commitment to participatory democracy rather than liberal democracy as one of authoritarian consolidation and says it is “an example of how leaders can exploit both state resources and the public’s widespread desire for change to crowd out the opposition, and, by extension, democracy” (Corrales 100). The extension to him by the legislature – of which Chávez now controlled through 93% of the seats – of enabling powers and the rewriting of the constitution gave him wide powers justified by the new constitution, which they claim concentrated the power of the presidency to a degree unmatched in the region. Commenting on the changes which occurred not just in the constitution but in the Consejo Nacional Electoral (CNE) Manuel Hidalgo describe the inconsistencies and irregularities of the elections as a turn towards “electoral authoritarianism. These authors, with Miriam Kornblith, Freedom House and the Inter-American Commission on Human Rights (IACHR) in concurrence, claim that the balloting procedure “improvements” were not equitable, nor free and fair for the opposition candidates. Threats and incentives were made by high-level government employees regarding their voting choice, candidates were invalidated due to various reasons and Chávez used the state as means of assisting his campaign both through the new capacity for the military to be involved in politics, previously illegal due to the long history of military dictatorships, and via state support to missions such as Plan Bolivar 2000 designed to register more voters in poor districts (Trinkunas).

Gregory Wilpert is one those that has defended these actions by the state. To first counter the claim that the writing and passing of the new constitution was anomalous or unprecedented in Venezuelan history, Wilpert points out that “between 1811 and 1961 Venezuela had 26 constitutions, the largest number of constitutions in Latin America” (Wilpert 30). Gott and Ellner further hold that instead of the increase of numbers on the CNE’s rolls signifying a degeneration of electoral quality, they show the Chávez government’s attempt to reinvigorate the failed linkages between politicians and people that had lead to the collapse of the partyarchy in the first place. They further state that to fail to do so would mean to avoid addressing the institutional imbalance of political power that had existed since the Pact of Punto Fijo. While barring people from running for office that had acted against the public interest does evoke suspicion as to how they were categorized as such so far there has been no systematic treatment of those barred. This topic thus remains ambiguous and a potential for future researcher, with those in support of the Bolivarian regime generally passing over this in the belief that those actors on the ground were acting not just for political gain. As for the further unleashing of the political and social power within the military which had up until then been viewed as a bastion of incompetence and corruption in the upper ranks, is seen by Gott as imperative. The military had always been an important class actor and it’s role in supporting the state, as subsequent events would show, were imperative. While generally supportive of the state as long as it is supporting the people, on this point Maher is wary and diverges from Wilpert, Gott and Ellner. Looking at its hierarchical orientation and its the long history of combatting the political and economic demands of endogenously formed barrio communities, he is more ambivalent. Wilpert further deems the downward pressures by numerous state functionaries to vote in a specific pattern were not significantly different from before, and on this point many within this “left” orientation take issue. While admitting that Chávez’s decision-making practices were indeed often militaristic rather than consultative, Gott defends this by stating his orientation in choosing public policy was to the benefit of “el pueblo” rather than the propertariat or the former politicians that composed the state within the state. Sujatha Fernandes, however, holds that this was the beginning of the consolidation of a new bureaucracy that was not necessarily linked to the grass-roots and that the state thus was in process to transforming into a hybrid orientation in that it makes choices on which economic sectors to support and social services to spend on without wide public consultation and with modicum of paternalism (Denis 260). Not addressing this criticism directly, Wilpert delineates how the new composition of political power created by the new constitution, such as the transition of the National Assembly from a bicameral system to a unicameral one, the enshrinement of indigenous, environmental and women’s rights, the creation of an electoral and citizens branch of government – in addition to the already existent legislative, executive and judicial, and new transparency guidelines diffused more power amongst the people.

IV. 2002 Coup Attempt

The aforementioned shift were clearly sea changes for Venezuelan civil society that imbued passionately held positions by those holding to either view of the newly formed Bolivarian state. Believing the capacity to effect political change was vanishing, those who perceived themselves as ostracized organized an anti-democratic solution to their purportedly anti-democratic problem. Curiously, those who criticize Chávez all deal with the same timeline of events and who happily comment on the recall referendum of 2004 have little to say on this coup attempt. A lone comment is made on how Carmona was too much the product of FEDECAMARAS and didn’t include enough of the opposition groups in his new, briefly formed cabinet but on the whole it is not touched. For those who claim interest in researching democracy in Venezuela this lacuna on their part is somewhat puzzling as it was a pivotal moment in the new Chávez administration. That said, it is perhaps easiest to say that interpretations of the 2002 attempt coup is shibboleth between government supporters and the opposition. What is clear, however, is that credence was given to claims of the coup being foreign-backed based upon the U.S. government’s immediate recognition of legitimacy on Carmona. Evidence was based on this and the language within the NDI and IRI funding proposals, which contradicted any notion of neutrality and concern over “democratic institutions” as in these proposals, Chávez was framed as an enemy to U.S. interests while the opposition was framed as vendepatrias (Clement 72). In the minds of the former group democracy was thus equivalent with whatever benefitted U.S. and domestic capitalist interests, or la oligarqia to the latter, rather than pursuit of it’s own domestic and international agenda (Trikunas 142). This was illustrated both in the opposition’s rhetorical choice of character assassination over substantive debate and in the voter against Chávez in the 2004 recall referendum, which was highest in metropolitan areas identified by their comparative wealth (Trikunas 147).

Considering the alliance of international and domestic capital classes against Chávez, it’s worth considering the policies that were so popular that it allowed Chávez to win with such wide margins. Simply put, while still maintaining an economic course that recognized the realities of a capitalist global system, he halted many of the neoliberal policies – such as the privatization of social security, health care programs the underfunding of programs aimed at intervention for easily treatable, endemic diseases – that disproportionately affected the poor, has tried to stop the decentralization that would allow richer neighborhoods to avoid increased tax burdens and spent more money on social programs. While there have been marginal increases in the collection of business taxes, a necessary change if the Venezuela state is to make itself less vulnerable to fluctuations in the international oil market, the major shift during Chávez’s presidency was that in real, inflation adjusted term, terms, social spending per person has nearly tripled, increasing by 191 percent over the period of 1998-2008” and the concomitant decrease in poverty rates over the same period by 22% (Weistbrot 203). Considering that such increases in social spending occurred at a time of heightened oil prices, it is possible to see a connection between Chávez’s policies and that of the first term of Carlos Andres Perez and his Gran Venezuela project. However the form differed in that spending was primarily on blanket subsidies and welfare programs, light infrastructure repair and expansion projects as well as community and housing development for agricultural areas targeted as in need of repopulation rather than the grand construction projects of Perez.

V. Presidential and Economic Stabilization

What additionally distinguished Chávez from his political predecessors and opponents was, increasingly over time, that the policies he pursued to marginalize the opposition from power was by expanding democratic representation in government. In his analysis of Chávez’s 14-year presidency, Steve Ellner identified four distinct stages within it. The first three stages deal with contestation and regime consolidation while the last follows his victory in the recall election and the overcoming of PDVSA’s strike. At this point he defined himself as an anti-imperialist and adopted “21st Century Socialism” as a slogan. This can perhaps best be understood as his having won consistent and increasing electoral support despite increasing polarization within the country, in 2006 he won with 63 percent of the vote, and his intent to intensify the demonstration effect of his presidency in the international arena (Ellner 128). This is not, however, the only indicator of domestic content with the widespread assent to the expanded representational system and the marginalization of previous parties by chavistas. According to the Larinobarometro survey of the following year, “Venezuelans say they like their democracy as it is now or, at least, much more than the citizens of other countries like their democracies which, by contrast, are not criticized by the outside world for lack of freedom and harassment of institutions” (Latinobarometro 10). From the same survey, they rate their democracy a 7 out of ten, and 72% of Venezuelans, the highest in the region, support the states that “Democracy allows the solving of the problems we have” which, compared to the regional average of 52% is quite significant.

Following adoption of this slogan, the Bolivarian revolution, or el proceso, was deepened with the expansion of reforms and mission programs. It is worth noting that in contradistinction to the major media news outlet narratives depicting Chávez supporters as guided by evangelical adoration of him, in the academic literature his supporters valued el proceso primarily and Chávez only insofar as he continued the process of radicalization that democratized political institutions (Ellner, Ramierez, Maher). This emphasis on the leftist elements of Chávez should not overshadow his middle class support, “the least recognized source of support for Chávez” (Ramierez 82). Perhaps most significantly given the history of military intervention in politics was Chávez’s continued support from numerous sections of the armed services. He had previously incorporated members of the military establishment into various government bodies, economic organizations and natural energy bureaucracies while also encouraging the public sector to organize around specific social programs, such an organization stuck and in each of these arenas he maintained regime consolidation (Gott 177).

While Gott viewed the military-government corporatist alliance as essential for maintaining the regime and allowing for executive oversight of potentially oppositional actors during this period of political transition, Maher, Denis, and Fenandes continue to be suspicious that the “institutional” chavistas or PSUV will transform into an insulated, elitist party much as the Adeco’s did and thus sees the source of future democratic power in the dual power system created by community and informal worker organizations. Though Ellner does not speak specifically to Maher’s emphasis on the informal workers, which considering they composed “31.6% of the workforce” in 2000 must be included in discussions on regime stability and economic redevelopment, he complicates Maher’s concerns of the institutional powers by pointing to the large number of chavista rank and file in the unions and some government ministries, such as the Ministry of the Community Economy, that reject personalism, the submission of the cooperatives to capitalist logic and advocate, like the barrios organizations, horizontalism (Portes 52, 65).

In contradistinction to those just others mentioned, Casteñada, does not see Chávez as some Laclauian “empty signifier” around which various forces within the country could unify but instead saw him as a return to the reckless, irresponsible populism of the early 20th century. This is due to the previously mentioned political reasons but more so as a result of Chávez’s pursuit of “unsustainable” spending policies. Pointing to other countries in the region who have also seen upward social spending and a decrease of deprivation, he stated that he is part of an irresponsible left unable to successfully unleash the productive powers of capitalism. Castañeda does not delve into how the wealth of oil in the country it creates conditions of trade that make it qualitatively different from it’s immediate neighbors, and focuses his vituperation on an increasingly centralized state the disburses limited assistance to supporters. Manuel Hidalgo furthers his position in stating that that the policies of centralization have hurt not only pluralism within the country, but the economy as well. Chávez’s success is seen as stemming from bumper oil prices rather than policy and over-dependence on it to fatten the national budget and also forcing the PDVSA to give up some of it’s profit that would better be spent in extractive infrastructure reinvestment is dangerous.

Whether these are truly unsustainable or a manner of dealing with inflationary trade deficits via long term political and job skills training for an unforeseen future that is determined neither by a command economy modeled in the Soviet style or dependency development in the American manner will certainly be the subject for future researchers. Wilpert continues to publish documentation on venezuelanalysis.com stating that the state has more than sufficient funds while others continue to show that it is on the verge of collapse and that the business atmosphere is declining to such a degree that foreign capital continues to flee the country. To best see what has changes and what has stayed the same, a cursory analysis of the some of the economic developments of the regime are in order.

VI. The Economic Development of 21st Century Socialism

A. Land Reform

            Article 305 of the Venezuelan constitution of 1999 states that domestic food production will be promoted by the state and to accomplish this goal the 2001 Ley de Tierras y Desarrollo Agrario legalized land occupations of fertile but fallow state and private lands could be occupied by campesinos that worked the land. Groups of campesions organized into communes, were given letters of recognition that prevented their ejection by local police, allowed them to obtain credit from FONDAS, the state agency in charge of socialist production of agriculture, and promised additional assistance by state planners in their effort to obtain caloric self-sufficiency.

Despite this seeming break from the capitalist strictures which had since the discovery of subterranean energy resources suffocated the aspiring yeoman farmers, the policies of the past 14 years were so poorly executed that on September 11th, 2013, President Maduro announced that in order to fix the still persistent problem, they would be partnering with foreign capital, predominantly Chinese, to develop the agricultural lands.

Why the government decided to do this is clear, Venezuela still imports between 15% and 20% of its food, insecurity of the food supply has lead to minor instances of stockpiling and speculation as well as recurring shortages of the items found in the typical Venezuelan food basket. Why the Ley de Tierras wasn’t successful is also clear. Activists combating the latifundistas did not have the full security backing of the central state, and over 200 activists have been assassinated. The number of those convicted of these crimes? Zero. Resistance to this reactionary show of force, most brazen as the majority of the lands occupied were in fact deeded to the government rather than private hands, has led campesinos to form para-military organizations such as the Bolivarian Liberation Forces to maintain their safety. During this period the Ezequial Zamora National Agrarian Coordinating Committee, the chavista institution tasked with assisting farmers, has kept to researching titles while the grass-roots National Campesino Front (FNCEZ) has taken on the task of organizing safety groups. This despite Ali Ramos’, head of the FNCEZ, stating that not even 30% of the possible lands for occupation have been attempted (Bruce).

Naked violence against campesinos and the state’s failure to protect them or convict perpetrators is not the only cause for the failure of the policies. Lack of infrastructure investment, distribution outlets for agricultural products and general apathy towards those that haven’t had to deal with violence has caused much of the work of the occupying farmers to be wasted (Uzcategui). One of the cases which received considerable attention in the international media was the possible nationalization of British firm The Vestey Group’s El Charcote farm in Barrera. Farmers occupying unused acres named themselves the Bella Vista cooperative and immediately began the procedural appeals to the government. It was not, however, until several months after they had submitted them that the government papers justifying their occupation were received and processed. Additionally, the government financing credits that they were able to obtain for it was so limited that those that have not abandoned the site still live without access to water or electricity. Despite these problems a number of those following the protagonisto model of political agency promoted by Chávez stayed on and were able to plant crops which were later wasted due to the unwillingness of low-cost food supplier Mercal to take their produce and it’s high price compared to other producers in the region. The farmers of this and other regions, faced with such a slow and tenuous pace of agricultural reform, have not abandoned their desires, but instead their faith in the government. Lacking such support, they are in many ways untouched by anything other than the words of the Bolivarian revolution.

Following the projected pattern of petro-state policy making outlined by Terry Karl in The Paradox of Plenty, the government still refuses to commit to difficult political choices, instead preferring the path of least resistance due to the electoral conditions of a formal democracy rather than confronting the land-owning class that prevents it from fulfilling it’s constitutionally mandated goal of food sufficiency.

B. Housing Reform

            The depopulation of Venezuela’s agricultural zones following the discovery of oil occurred at a pace unmatched by any other Latin American country. The result of this was the growth of barrio settlements lacking infrastructure. As of 2008, the UN human settlement program calculated that the housing deficit was as high as three million, which in a country with a population of 13 million is quite significant.

Housing reforms initiated in September, 2004 by government decree yet outside official government institutions sought to address the lack of affordable, quality housing that has lead to the exponential proliferation of barrios that enlarge the cities proper. Mission Habitat was to administer and overlook the building of the 110,000 units needed annually by Venezuelans and to assist in the renovation or reconstruction of the 2.8 million households deemed unfit due to their being shanties or their being located in high-risk areas. Numbers from the Housing Ministry indicate that between 1999 and 2008 the Chávez administration were able to construct slightly over 240,000 dwellings. This averages to about 26,000 a year. The Mission, which was preferred to the government agency, was considered preferable so as to halt corrupt practices were not able to fulfill this mission either. The Comptroller General, Clodosvaldo Russian, said in a speech to the National Assembly that the issue of corruption that previous administrations faced has continued (Uzcategui). The only thing that has changed is the pace of production. A prime example of this is Ciudad Caribia, once promoted as a model city for the Bolivarian Revolution. Since it’s beginning in 2006, of the 20,000 planned apartments only 1,600 have been made and the cost overruns are now over a billion dollars.

Faced with increased pressures from various barrio organizations Chávez had handbooks on how to build a better house distributed, held back the police from occupations of abandoned buildings by people and passed a series of laws to normalize landholdings by giving titles to people living in technically illegal settlements. Those within the barrios feel comforted by the legal regularization of their holdings, but have been rebuffed in their push towards greater rationalization of housing construction. Such rationalization includes increased access to clear water – for though many barrios now have long overdue access to water, its characterized by high levels of bacterial contaminants – as well as services such as fixing roads.

C. Economic Reform

            One of purportedly most progressive aspects of the Bolivarian Revolution was to be its assistance in the development of workers councils and cooperatives. According to all on the “left” spectrum, this was to be the one of the pillars of 21st century socialism. In contradistinction to expectations these two forms of state-sponsored economic organization have had the effect, according to Venezuelan labor activist Orlando Chirino, of encouraging precarious working conditions and rolling back the work standards won by those in the formal sector.

The rationale for the new councils and unions was to first wrest control from the established labor unions previous associated with the Punto Fijo system that still presented one of the few organized, non-oligarchic sections of political power and to “fix” the economy of the petro-state through the creation of Endogenous Development Center’s, or NUDEs. The latter were widely propounded by the Chávez administration to be a form of production that would start to develop the native capacity of the informal sector. Facilities such as the Fabricio Ojeda nucleus were stated by Chávez to be outside the logic of the capitalist economy and were going to supplant it. In a way the developmental project of the NUDES and its creation of a “people’s economy” are a variation of classic Import Substitution, but largely without the substitution part. Lacking the capacity to limit imports, manufactured goods and clothing still flows through the ports and roads from other countries making the NUDEs a type of skills training for positions in domestic industries that the government isn’t committed to supporting. So far the primary goods made have been t-shirts and other campaign associated materials for use by the PSUV and work clothes for the PDVSA, the latter of which has protested their being forced to purchase them due to their inferior quality.

VII. Assessing Reforms

            These admittedly brief analyses of three of many reform projects stems from the lack of widely accepted data on from the Chávez government but hints nevertheless that despite the revolutionary rhetoric surrounding the programs they replicated many of the same deficiencies as previous paternalistic government policies which saw them as necessary to ensure the smooth functioning of Venezuelan society for lacking them, the capacity for regular exportation of oil would be jeopardized by widespread social unrest. However, in order to fully assess these programs it is important to contextualize them what came before and to see how the post-Chávez administration has either continued their mistakes in new forms or broken with them to obtain meaningful, sustainable social gains. Doing so we see that not only does the Bolivarian Government emulate previous forms of social spending of administrations flush with petro-dollars, but they do a bad imitation! The ad-hoc nature of the anti-poverty, education, and health care programs are characterized by a lack of professionalism or accountability, a quick turnover of personnel, systemic shortages of important goods and products, opportunistic behavior on the part of administrators and general individualism (Daguerre). Looking at what came before makes it apparent that an institutional orientation rather that a para-governmental one makes a large difference in the disbursement of goods and services.

FONDUR, the National Fund for Urban Development was created in 1975 and even into the early 1990’s, the government still provided low-cost housing to the people, though at a pace more than double that of the Chávez administration, 64,000 homes a year, and in an economic environment not as favorable to such spending. While the cooperatives, NUDEs and attempts at co-management have elicited conversations about the nature of the Venezuelan economy – it has done little to nothing to address the informal workers that still compose between 45-50% of the populace. It is not just the informal sector, however, that is little affected by the regime. The NUDEs, while called into being by the Bolivarian government could at any moment be nullified. In a situation reminiscent of 1989, El Universal discovered in August of 2013 that the reserves of the Venezuela Central Bank has fallen to 1.6 Billion, or two weeks worth of imports. While the government’s solution to any needs could certainly be backed by several other state foundations whose balance sheets are unpublished and can be used discretionarily by the president it’s worth noting that in October it was discovered be the Venezuelan media that the Maduro administration was putting out feelers to the IMF. Without being too speculative, it’s likely that many of the NUDEs not associated with food production would fall by the wayside due to their lack of productivity should the government need to restructure its balance sheets.

To pre-emptively address the long-term failure of these para-institutional missions, the government has shifted some of its focus to educational programs organized through the Che Guevara Foundation. In the face of increasingly trenchant criticism from the left and the right, the chavista regime has sought to develop “new people” that value solidarity over individual self-interest rather than directly addressing the institutional issues. The driving idea behind this is that the more people are sympathetic to their aims, the less contradictions there will be to lead to the above-mentioned problems. Those emerging from this system of education as well as those that will graduate from the Institute of Higher Studies of the Thought of Hugo Chávez may cause this to become true. However this does beg the question of how long these “new people” can last in such an environment where the social-movement aims are consistently sub-ordinated to the short-terms considerations of petro-state party politics and very legitimacy of the project of 21st century socialism when other countries not seeking to develop it are appearing to be preferable economic models (Prevost).

VII. Conclusions

            As I have hoped to show from the above, the notion that Venezuela is developing 21st century socialism that is distinct from a particular form of paternalist populism can only be sustained through a reading of the government’s claims rather than it’s actions. Despite, or perhaps because of this, much of the current literature on 21st century socialism has centered on the promises rather than the actions of the regime, tellingly compiled on the website solopromesas.com. While this now semi-cottage industry amongst leftist academics does make for at-time interesting analysis of the operation of protagonisto, revolutionary subjectivities, it is also important to combat the notion that the community councils so lauded by Wilpert and other “Venezuela-hands” can be the emancipatory model for activists combatting neo-liberalism when wedded to a highly presidentialist regime (Burbach & Ramierez). It is not just that Máduro, like Chávez before him, can dissolve councils with his discretionary power, but that such a political geometry has had serious chilling effects on developing a political culture not characterized by ideological polarization, cronyism and clientism and has further inhibited institutional effectiveness, continuity and long-term sustainability. This is not to say that polarization as a thing-unto-itself is to be avoided, indeed it is expected to increase in times of revolutionary upheaval, however as the Máduro regime seeks to reinforce itself amongst widespread shortages, power outages and electoral discontent it becomes harder for it to mask it’s elements of corporatism in an atmosphere where political surveillance reigns. Put simply, despite his and

Inside Venezuela the number of people distancing themselves from Chávez’s legacy is continuing to grow. In the 2012 elections the PCV expressed their discontent with the regime by running their own candidates in several regions. It is not just the parties, however, that are starting to jump ship. While there was an 80% turnout for Chávez’s last election, this number fell to 54% when it came to elect Máduro. The irony of this situation is of course that the collectives that worked to broadened electoral participation, and later subsumed themselves within the PSUV, now find themselves facing an electorate increasingly dissatisfied with policies that are no longer recognizable as theirs. Whether these policies will change through the leadership recognizing its unpopularity is, however, unlikely as the government has increasingly sought to buffer itself from the electorate. According to the December 4th, edition of El Universal the Máduro administration is continuing it’s use of state organs for elections in open violation of CNE law.

Since his election and contested victory by 2%, Nicholas Máduro has continued to exacerbate the country’s political polarization by increasingly relying upon a discourse of paranoia. Power failures in the country are now the cause of opposition sabotage, food and goods shortages are the fault of the opposition – despite Indepabis being a chavista construct. This blaming of the opposition, which really means any political group that doesn’t submit to the PSUV line, occurs during a period of increasing violence within the country. Safety on the street, one of the recurring pretexts for military coup in Latin America, has increased become a salient issue for Venezuelans – and the government’s response has been to stop keeping official records of the number of murders that transpire and leaving it up to civil groups to take their place. Of additional note, since the creation of the Bolivarian state, narco-traffickers have increasingly come to use Venezuelan harbors to smuggle goods, suggesting that lacking US support in the war on the cocaine trade the shipping and spillover violence will increase. All of this does not even touch upon the open and consistent bolstering of the Boli-bourgeoisie in sectors supportive to the Great Patriotic Pole for their ability to help maintain near-monopoly market shares. It is not just the giving away of air time by television stations which benefitted from RCTV having their broadcast license revoked, but also the newly announced government produced “Newscast of Truth” that will be broadcast on all radio and TV stations twice daily. Additionally, while the arrest of 100 business speculators may display a narrative popular to the numerous disenfranchised, its actual efficacy in helping the country amidst soaring inflation rates is dubious and is likely to promote further divestment in a country already ranked very low for it’s ease in doing business by the World Bank.

The GPP and the PSUV have in a way replicated much of the same problems that have characterized previous radical-democratic parties in Venezuela’s history and perhaps even exacerbated them due to his rhetoric. This is not to say that MUD, the opposition organizing committee composed of 18 different parties, is necessarily the solution or that there is nothing redeemable in their foreign policy goals – but should Máduro continue these policies under the banner of 21st century socialism it will do more to discredit the movement than gain it praise. While Máduro may take Castro as a positive figurehead and potential model for the country, he does so at the risk of alienating those tangentially sympathetic to him domestically and abroad that sees the gradual, social democratic route as the best alternative to the neoliberal formulation of governance.

Bibliography 

Bruce, Iain. The Real Venezuela. London: Pluto Press. 2008.

Burbach, Roger & Pineiro, Camila. “Venezuela’s Participatory Socialism”. Socialism and Democracy Vol 21. No 3. (2007)

Castenada, Jorge. Latin America’s Left Turn. Foreign Affairs. May/June 2006. http://www.foreignaffairs.com/articles/61702/jorge-g-castaneda/latin-americas-left-turn

Clement, Christopher. Confronting Hugo Chavez: United States “Democracy Promotion” in Latin America. Latin American Perspectives Volume 32 No. 3, Venezuelan Exceptionalism Revisited: New Perspectives on Politics and Society (2005) http://www.jstor.org/stable/30040242

Corrales, Javier and Penfold-Becerra, Michael. “Venezuela: Crowding Out the Opposition”. Journal of Democracy. Vol 18, No. 2. (2007) DOI: 10.1353/jod.2007.0020

Corrales, Javier. “A Setback for Chávez”. Journal of Democracy. Vol 22 No 1 (2011) DOI: 10.1353/jod.2011.0013

Daguerre, Anne. Antipoverty Programmes in Venezuela. Journal of Social Policy. Vol 40 No. 4 (2011)

Denis, Roland. “The Bolivarian Process in Venezuela: A Left Forum in Historical Materialism” Historical Materialism. Vol 19 No 1. DOI: 10.1163/156920611X564734

Ellner, Steve. Rethinking Venezuelan Politics: Class, Conflict, and the Chávez Phenomenon. Boulder, Colo: Lynne Rienner, 2008.

Hagopian, Frances, and Scott Mainwaring. The Third Wave of Democratization in Latin America: Advances and Setbacks. Cambridge New York: Cambridge University Press, 2005.

Hidalgo, Manuel. “Hugo Chavez’s “Petro-Socialism””. Journal of Democracy. Vol 20. No 2. (2009) DOI : 10.1353/jod.0.0073

Gott, Richard. Hugo Chávez and the Bolivarian Revolution. London New York: Verso, 2011.

Kornblith, Miriam. “Chavismo after Chavez?” Journal of Democracy, Vol 24. No 3. (2013) DOI: 10.1353/jod.2013.0050

Latinobarometro. Latinobarometro Report 2007. November 2007 (http://www. barometro.org/latino/LATContenidos.jsp)

Lopez-Maya, Margarita and Luis. E. Lander. “Venezuela’s Presidential Elections of 2006: Toward 21st Century Socialism?” in Ponniah, Thomas, and Jonathan Eastwood. The Revolution in Venezuela: Social and Political Change under Chávez. Cambridge, Mass: Harvard University David Rockefeller Center for Latin American Studies Distributed by Harvard University Press, 2011.

Maher, George. We Created Chávez: A People’s History of the Venezuelan Revolution. Durham: Duke University Press, 2013.

Mainwaring, Scott. “From Representative Democracy to Competitive Authoritarianism”. Perspectives on Politics. Vol. 10 No. 4 (2012)

Ponniah, Thomas, and Jonathan Eastwood. The Revolution in Venezuela: Social and Political Change under Chávez. Cambridge, Mass: Harvard University David Rockefeller Center for Latin American Studies Distributed by Harvard University Press, 2011.

Portes, Alejandro and Kelly Hoffman. Latin American Class Structures: Their Composition and Change during the Neoliberal Era. Latin America Research Review Volume 38, No 1, (2003) DOI : http://www.jstor.org/stable/1555434

Prevost, Gary; Campos, Olivia; and Harry Vanden. Social Movement and Leftist Governments in Latin America. London: Zed Books. 2013

Ramierez, Cristobal Valencia.” Venezuela’s Bolivarian Revolution: Who Are the Chavistas?” Latin American Perspectives Volume 32 No. 39 (2005) DOI:10.1177/0094582X05275532

Salas, Miguel. The Enduring Legacy : Oil, Culture, and Society in Venezuela. Durham NC: Duke University Press, 2009.

Spanakos, Anthony. “New Wine, Old Bottles, Flamboyant Sommelier: Chávez, Citizenship and Populism”. New Political Science. Vol 30 No. 4 DOI: 10.1080/07393140802493308

Terry, Karl. The Paradox of Plenty. Berkeley: University of California Press, 1997.

Trikunas, Harold. “Defining Venezuela’s “Bolivarian Revolution”” Military Review Volume 85, Number 4 (2005)

Uzcategui, Rafael. Venezuela: Revolution as Spectacle. See Sharp Press: New York. 2011.

Weisbrot, Mark. “Venezuela in the Chavez Years: Its economy and Influence in the Region”. in Ponniah, Thomas, and Jonathan Eastwood. The Revolution in Venezuela: Social and Political Change under Chávez. Cambridge, Mass: Harvard University David Rockefeller Center for Latin American Studies Distributed by Harvard University Press, 2011.

Yarrtington, Doug. “Cattle, Corruption, and Veneuelan State Formation During the Regime of Juan Vincente Gomez, 1908-1935.” Latin American Research Review Volume 38, Number 2, (2003) DOI: 10.1353/lar.2003.0028

Gabelli v. SEC: Disincentive to Legislative Action, Market Evolution, Minimal Funding of a Major Regulatory Agency and Plutocratic Law

Considering the Supreme Court’s 9-0 ruling it would seem that despite the prior District Court’s ruling in the Security and Exchange Commission’s (SEC) favor, their case against Bruce Alpert and Marc Gabelli lacked any true merit. Indeed, current legal commentary on the case is sparse, as if it were not deserving of much attention. This lacuna is understandable as the main point on which the case depended regarded simply in establishing whether or not the statue of limitations for the government to seek civil penalties for fraud is the same as that of a private litigant. For the latter, legal precedence clearly established that the statue was five years from reasonable expectation of discovery. As the SEC first began investigating a potential transgression by Gabelli in early 2003 yet did not begin penalties proceedings based upon this knowledge until late in 2008, nor did they seek to enter a tolling agreement with Gabelli that would have extended the statue of limitations under the acknowledgement that any subsequent penalties would be reduced due to his co-operation, the time line is the pivot on which the case turned. The previous, 2nd District Court ruling in the SEC’s favor imposed a penalty of 16 million dollars on Gabelli and followed the reasonable expectation of discovery interpretation. According to the Supreme Court’s ruling that overturned the Gabelli case, however, the SEC is significantly different from an individual due to its status as a government agency and thus the five-year statue of limitations is from when the fraud occurred. When questioned about this long time lapse in the execution of regulatory capacity in oral argument, the council for the SEC admitted that this circumstance was without precedence and added that this was not because of any further deceptive practices on the part of the defendant but simply occurred as a result of an “ongoing exchange” that delayed investigation such that they could have the largest possible amount of information for their case. Ignoring rigorousness to prioritize speediness in his opinion for the majority, Roberts based his judgment on a strict reading of 28 U.S.C. § 2462, and stated that as this government entity is constantly searching for misdoings, it has five years from the occurrence of fraud and not from its discovery to enact penalties proceedings. Judge Roberts’ rationale was that to allow the lower court’s reading of a discovery rule into the securities law would mean that fraudsters would lose their ability to repose. The constant fear which fraudsters would face were this discovery rule “grafted” was conceived to not only be deleterious to those persons involved in prior fraudulent activity, but to have effects across the entire securities and investment market. According to those that supported the petitioner’s case in addition to losing their individual ability to repose, people that had engaged in practices that were once considered legal would risk prosecution for stale charges, individuals and corporations capacity to organize their affairs according to their own wishes would be hampered, the SEC would be encouraged to pursue non-meritorious cases in order to obtain settlements, the change of the discovery rule would make it harder to discern between wrongdoers and the wrongly accused, and the SEC’s “new powers” would lead to increased arbitrariness of practices.

These effects and whether they are desirable or not in a context of widespread questionable financial practices is contestable. That Gabelli acted in a fraudulent manner is not. His fraud was not that he was engaged in market-timing, a practice discouraged by the Financial Industry Regulatory Authority (FIRA) due to the negative effects to long-term investors but that he clearly and repeatedly represented to investors in his Global Growth Fund that he was not engaged in market timing practices. This fraud meant that while one portion of his mutual fund portfolio was actually returning negative growth, the other that was engaged in market-timing was able vastly to be incredibly profitable, around 185%, and thus allowed the whole fund to appear profitable.

Evolution of Financial Services Markets

To understand the importance of this case it is crucial to gain a better understanding of the current market for financial services and it’s role in the American economy. Over the past fifty years the calculation methods informing the financial market has shifted from business school knowledge, with it’s greater, conservative appreciation for long-term investment to those found in university physics, statistics and math departments that promised speedier, short-term profits. The people involved with the latter form of financial investment, sometimes referred to as quants, in turn rely upon advanced calculations and technology to analyze aggregate market data. In the case of Marc Gabelli, the proprietary software modeling used by his Global Growth Fund would determine choices for investments based upon speculation of whether or not they were correctly priced. The “correct” price would be different from the listed price because sometimes their reported valuation would be based upon stale information. Those able to exploit this disconnection has the potential to obtain quick profits from these market miscalculations by purchasing massive amount of shares nano-seconds before the close of trade so they could be immediately resold when the market opened in the morning. It should be noted that while the Financial Industry Regulatory Authority (FIRA) discourages market-timing due to the negative effects to long-term investors, the practice itself is not currently illegal.

This singular example from a wide variety of quantitatively-informed calculation and investment methods is instructive but does not give a holistic picture of the huge impact such financial services have on the composition of the American economy. According to the U.S. Bureau of Economic Analysis, in a 27 year period, from 1984 for 2011, the financial industry’s contribution to total corporate profits has trebled from 11.8% to 32.3% while their contribution to total economic output has doubled from 8.8% to 16.3%. According to the New York Federal Reserve, the financial services sector currently composes around 8.5% of American GDP. These percentages of capital in themselves are significant yet when compared to the off-exchange trading of financial derivatives it pales in comparison. According to April 2010 figures from the Bank for International Settlements and the International Monetary Fund, the trading that occurs here is several times the volume of all shares and bonds traded. This is of extreme significance as while the Gabelli case is framed within the context of the shares and bonds market, with a volume of 87 trillion dollars, the statue of limitations precedent set for the case equally applies to the 601 trillion dollar volume of the derivatives market.  Any potential penalties for fraud by administrators of credit options, derivatives, forward rate-agreements, contract specific structured product accumulators, collateralized mortgage backed or asset backed securities, or a variety of other security products in this much larger over-the-counter (OTC) derivatives market would, in five years, be nullified. While it is a given that the size, significance and political influence of this market should not be underestimated, nor should it’s novelty or the effects it has had on financial markets and other business enterprises.

Cultural anthropologist Karen Ho researched historical trends within the financials market and married it to reflections on her own experiences while working for Bankers Trust in the early 1990’s in her book Liquidated. Her explanation as to why it is that the investment practices radically shifted stems from changes in the legal rulings as to what precisely a corporation is, what it owes to its shareholders and new regulations that allowed for a massive consolidation of what was often vastly different enterprises by holding companies. As part of this “share-holder revolution” corporate executives were now legally required to transition from long-term business strategies based on production of goods to short term ones based on whatever would be the most profitable despite the sometimes profoundly deleterious effects this could have on social and economic relations. Anything that could boost stock prices, especially immediately before quarterly earnings reports, was considered fair game and, as the previous statistics show, financial services increasingly had a role in accomplishing this. As Ho recounts, the relatively stable business environment of the 1950’s and 1960’s transformed into one of asset stripping, purposeful bankruptcy to obtain corporate pension assets for stockholders and other “creative” forms of destruction for profit. Informing and enacting these decisions were the financial market wizards who were, basically, churning sales for percentages. However as merger-mania began to decline following the massive consolidation of disparate enterprises and the realization that this was not always beneficial to investors, new financial services and methods of risk analysis were deemed as necessary to continue the functioning of these advisors. Capital adequacy ratios were lowered, risks increased and people’s social relationships to labor became, like the composition of capital itself, more liquid. Ho uses this term to describe how in this new regulatory environment at any point a nominally profitably business oriented to long-term profit could be preyed upon by junk-bond traders and dismantled for their short-term gain. Michael Lewis describes similar circumstances in his books Liars Poker and The Big Short,and concurs with Ho that these changes incentivized businesses to increasingly invest their capital holdings into financial products, even if they were organized to produce ice cream, rather than reinvestment in productive capacity as to not do so gave corporate raiders or their actual business competitors a potential financial advantage. The controversy over whether or not these instruments are actually productive or just assist in the creation of credit bubbles thus largely get subsumed under their increasing practical necessity for any large business that wishes to remain competitive in the market.

Understanding such a context it becomes clear that while the SEC lacks precedence in taking so long to bring penalties actions such that it would be thrown out and may thus an example of attempted government overreach, the procedures that it uses to deal with these are new and deal with a massive amount of data. What should also be clear from this brief historiography is that the ruling has much wider significance. Specifically, the case had vast implications for a large class of potential civil penalty suits stemming from widespread deceit and financial fraud in various financial sectors. This is because, following the court’s ruling, the SEC was limited to six and a half months to pursue actions against those firms and individuals whose malfeasance played a driving role in the “great recession”. After this time period the statue of limitations would run out and a multitude of private investment firms and investment banks that had engaged in potentially fraudulent practices related to derivatives, credit default swaps and the other new financial instruments could avoid charges or penalties related to it if able to avoid legal action. This, according to the Wall Street Journal, this is precisely what has happened. Since the Gabelli ruling the number of SEC cases against alleged wrongdoers has dwindled precipitously. The SEC pursued 38 cases in 2011 and 48 in 2012. However as of September 11th of 2013, the SEC has only pursued 11 cases. In this regard, the Gabelli case becomes a foundational case as it shows that the Supreme Court will not allow the SEC or other financial regulatory bodies to pursue those individuals or companies involved in the recent, massive upward transfer of wealth while a smaller country like Iceland takes no issue with not just fining but jailing those complicit in such crimes of fraud and misrepresentation.

Composition of the Amicus Curiae Petitioners

Looking to the amicus curiae briefs bolsters the above speculation about the interest of the finance sector involved in the case. The Cato Institute, The National Association of Criminal Defense Lawyers, the American Bankers Association, The National Chamber Litigation Center, the Voice of the Defense Bar, National Association of Criminal Defense Lawyers all filed in favor of the petitioner, Mario Gabelli, to overturn the 2nd Circuit Court’s ruling against him. Not one briefs touches upon the fact that Gabelli did anything wrong, but unanimously state that were he punished for his wrongdoing it would be wrong. Considering that financiers makes up a large percentage of the financiers of these organizations, this is not surprising.

Some content worth noting from Several of the briefs state is that were the court to judge in favor of grafting the five-year discovery ruling to the statue then it would be a pre-empting the prerogative of Congress. In the context of the current electoral system I find this claim to be one of the most interesting as it is no secret that a significant percentage of the funding for much of the Presidential, Senate and Congressional elections comes from large financial institutions. If not similar in size to Gabelli’s comparatively modest $30 billion dollar firm, they are in type. They too view penalties as a small cost of doing business but would still seek to avoid them in any way possible, that is, with the exception of actually following the law. For this reason it is unsurprising that they would encourage conservative, standpatter behavior on regulatory issues such as this.

The only brief actually in support of the SEC’s position was that filed by Occupy the SEC, an outgrowth of the Occupy Wall Street movement that has been one of the few OWS working groups that have pursued policy and regulatory reform. They claimed standing as a representative of the American people as a whole, rather than the class of actors that would most benefit from a ruling favoring Gabelli, and their brief counters the positions stated by Roberts and the briefs above. They state that prior case law favors the reading of the discovery rule based upon its reasonableness component, that lacking explicit Congressional commentary on U.S.C. § 2462 it is in the judiciary’s role to best promote the public interest and not that of the financial elites. They state that the SEC’s enforcement functions are greatly curtailed by these undue restrictions that “hinder them from discharging their regulatory responsibilities in an effective manner” and have allowed the nullification of 40% of family wealth in the period from 2007 to 2011. Additionally, they point to the actual institution of the SEC rather than an idea of it as evidence as to why they need more time to pursue such cases. They held that part of the reason they have not been able to effectively function is the general atmosphere of austerity spending towards government agencies.

To better understand the capacity of the SEC, it’s worth looking at Federal spending on oversight and regulation of the financial market. Comparing spending on regulatory institutions to the amount of transactions and deals that are made within this market allows for some degree of quantitative assessment and discernment over the claim that the SEC is a credible guardian of market fraud. The current tax that funds the SEC’s is equivalent to $.02 per every $1,000 in financial transactions[i]. Considering the size of the market mentioned earlier and the wages required for the institution to attract highly skilled people to the public rather than the private sector this should seem as if there was an interest in the government for it not to enforce regulations. Indeed, while it seems impressive that the SEC has been able to extract 2.88 billion in penalties from financial crisis fraudsters, considering that the cost was between 6-14 trillion, according to the Federal Reserve Bank of Dallas, this is a mere drop in the bucket[ii].

Small Penalties, Bumper Business

This bespeaks a general trend within the investment and banking sector – it is often more profitable to risk getting caught engaging in fraudulent practices than it is to avoid them. It the penalty for 250 million of ill-begotten profits is 100 million, the net gain is worth it – especially if the work to obtain such wealth consists merely of a few phone calls and clicks on the keyboard. The criminal and regulatory statues, supposed to provide incentives for actors to avoid specific actions, thus fail in their capacity and doubly so if the regulatory agency lacks the man and will power to pursue such cases. If such a relationship between regulators and actors isn’t to be considered outright collusion or complicity, than it is only so because of the burden of regulatory change is placed on a Federal legislative system whose elected politicians benefit from such ill-begotten gains through disproportionately high campaign contributions from the financial sector.

In addition to the congressional apathy towards altering laws that would harm their donors, the institution itself bears examination besides just how it is funded. The government-private sector revolving door widely commented on at the upper echelons of government – Dick Cheney, Tim Geitner and Mitt Romney being some of the most widely known in this regard – allows for the transmission of the government’s regulatory knowledge and procedures, not to mention the personal relationships that go along with it. Indeed the current chair of the SEC, Mary Jo White, is one such person with a long background in the private sector with connections to people that have engaged in dubious practices[iii]. While these examples come from the top, it occurs at lower levels as well. Of the five people that were involved in the Gabelli cases’ initial filing in New York, only three of them (Robert B. Blackburn, Jill S. Henderson and Ivonia K. Slade) have thus far stayed with the SEC. Mark Kreitrnan now works for Nixon Peabody and Christoper R. Conte works at Stepto and Johnson, LLP. According to several ranking systems, such as Private Equity Analyst, Nixon Peabody is considered to be one of the leaders in franchise law and private and equity capital ventures while Steptoe and Johnson, LLP offers a wide range of services, specializing in white-collar criminal defense. They proudly and prominently state on their website that, “In the past, the firm has defended senior executives from companies such as Enron, Tyco, WorldCom…”[iv]. This situation thus creates the bizarre situation such that private personages such as myself are barred from obtaining documentation about the progression of an important, precedent setting case with vast effects while those that were intimately involved in its operation are able to move freely to private firms that defend such fraudsters, alleged or otherwise. That the conditions for obtaining information with a significant impact on the manner in which financial investigations transpire are either the time and willingness to work for the institution or the deep pockets to hire the people that once worked for the SEC means that the public itself loses on a crucial oversight function and begs the question: quis custodet ipsos custodies?

Case Law Since Gabelli

The most immediate implications wrought by Gabelli for the SEC is their reformulation of strategic decision-making processes. They are now incentivized to enter into tolling agreements, wherein co-operation with processing investigations are given extension under the understanding that any subsequent discovery of wrong-doing will be given a smaller penalty as well as rushing to complete investigations. This is not, however, the limit of the impact as there already have already three cases citing the Gabelli decision against the SEC. In March of 2013, in the first cases to apply the Supreme Court’s ruling, the Solicitor General made a motion to dismiss the SEC’s certiorari in their case against Bartek. Citing the Gabelli precedent, they were unable to proceed with the case as the crimes had occurred more than five years ago. The SEC’s case against Sam Wyly is another, more ominous examples of the application of the Gabelli ruling and is illustrative of the limiting effects it has on the institution’s capacity to extract penalties. Wyly, a Texas investor perhaps most well known for his Michael’s chain of craft goods, and his now deceased brother were accused of conducting insider trading and developing a fraud that netted them 550 million dollars. While still allowing the SEC to pursue smaller aspects of their case against Wyly, on June 6th, 2013 US District Judge Shira Scheindlin dismissed the majority of their penalties claims against him as having occurred too far back in time. Notable, though not directly related to the case, is the article’s mention that the brothers were also generous donators to “conservative causes.[v]” Another case occurring in the wake of the Gabelli ruling and affected by it has been the SEC case against Pentagram Capital Management PLC. The Second Circuit Judge of the case held that the SEC could not include any profits made from their illicit trading practices prior to the five-year period in their penalties even though there was clear evidence of it. As judges continue to uphold the Gabelli precedent, the SEC will stop pressing such cases of fraud and the likelihood of public knowledge of how endemic such occurrences are will decrease. The Gabelli ruling, is thus, in a few words, a shield to protect ill begotten gains.

As the composition of the financials market and these three cases clearly indicate, The Supreme Court’s ruling is not to maintain widespread social repose and fend off fear but is in fact a ruse to protect a small group of extremely wealthy financial elites who occasionally or consistently use fraud to personally enrich themselves and the wealthy that have the capacity to invest millions in their funds. The implicit recognition in the lower courts previous ruling and Occupy the SEC’s amicus curiae that without a discovery rule would result in the decreased enforcement capacity of an agency already dealing with rapid turnaround and brain-drain to the private sector thus far proves to be true.