Lockdown and The Reimagined Social Contract

Since the notion of lockdown was floated, people have been sending me links to the myriad measures taken to prevent the spread of coronavirus, from blockading interstate highways to prevent travelers from one state to enter another and bring their diseased bodies with them, to arresting people in parks for existing with their children. Under any other circumstances, these might be outrageous violations of constitutional rights.

Indeed, they may well be under these circumstances as well, but Inter arma enim silent lēgēs. It’s not that this is a war, or that we’re fighting an “invisible enemy,” but that we were in extremis and are constrained to take extreme action to prevent massive harm. We let go of things that would otherwise demand action because survival matters more at the moment. It’s not a principled view of rights, but then, dead people have no rights.

The tension between private liberty and public health in the United States is hardly new. Americans have demanded the latter in times of plague and prioritized the former in times of well-being since at least the Colonial Era. Politicians and business leaders have alternately manipulated and deferred to that tension for about as long.

If America was a more homogeneous society, perhaps it would have been sufficient for our trusted leaders to implore us to behave for the welfare of all and we would choose to follow their instructions. But we are a society of rugged individuals, feral cats, conspiracy theorists and ideological slaves. We pretend to care about society, but not enough to sublimate our beliefs for its sake.

Yet the same Mr. Barr, early in the outbreak, was seemingly so concerned about its impact that he proposed letting the government pause court proceedings and detain people indefinitely without trial during emergencies — effectively suspending the core constitutional right of habeas corpus.

Gee whiz, a New York Times editorial about putting aside our politics for the benefit of others taking an irrational partisan dig at a highly partisan attorney general for proposing we not hold trials that would be logistically impossible and ridiculous in the midst of a pandemic. Nothing says “can’t we all get along” better than a gratuitous slap to a well deserving AG for a mindnumbingly dumb reason.

Temporary limitations on some liberties don’t seem to concern most Americans at this moment. Polls show that 70 percent to 90 percent of the public support measures to slow the spread of the virus, even if those measures require temporarily yielding certain freedoms and allowing the economy to suffer in the short run.

People would give up some freedom for safety when they believe the threat to their life is real. This isn’t shocking, any more than people believing that the threat is no longer so real as to keep them locked down for much longer.

Indeed, it is wealthy and powerful conservatives and their allies, including President Trump and Fox News, who are driving the relatively small protests demanding a “liberation” of the states from oppressive lockdowns — as opposed to any overwhelming public sentiment to that effect.

The protests were ugly; armed protesters storming the Michigan capital. The Trumpian cry for “liberation” was unadulterated pandering, as the dolt in chief sought to inflame matters for the sake of his political misfortunes. But there are a lot of people who are neither wealthy nor powerful who haven’t found lockdown as much fun as the TV commercials about how we’re “in this together” suggested.

People are tired of being cooped up. People are tired of not earning an income, the government’s trillions somehow not filtering down to the New York Times’ beloved little people, and certainly not in amounts that suffice to keep them rolling in toilet paper. They may not hit the streets with long guns strapped to their shoulders, but they aren’t all that thrilled at their Zoom-educated children having to eat macaroni again for dinner.

Civil liberties may feel to some like a second-order problem when thousands of Americans are dying of a disease with no known treatment or vaccine. Yet while unprecedented emergencies may demand unprecedented responses, those responses can easily tip into misuse and abuse, or can become part of our daily lives even after the immediate threat has passed. For examples, Americans need look no further than the excesses of the post-Sept. 11 Patriot Act.*

Yes, 9/11 was sold to us as a war, a war against terrorism, a different kind of enemy. a different kind of war, one where we couldn’t tell who we were fighting or how we would win. And in the inflamed passions of the moment, we were asked to sacrifice for the greater good and we did. And it’s still with us, because temporary needs should be temporary. But in this transitory battle against pandemic, are we any more clear where the tipping point is when our sacrifices of civil liberties are no longer necessary? It’s not as if we have a vaccine yet.

It hasn’t been so long that we don’t remember what it was like to walk outside at will, without a mask, and stand next to a neighbor and greet him with a handshake. But we didn’t shelter-in-place to survive the pandemic to hand over our civil liberties to the government, whether it be run by Trump or anyone else. We did this to survive, and once we are confident that we will, we will take them back.

In a large self-governing society, civil liberties exist as part of a delicate balance. That balance is being sorely tested right now, and there is often no good solution that does not infringe on at least some liberty. At the same time, the coronavirus provides Americans with an opportunity to reimagine the scope and nature of our civil liberties and our social contract.

So that’s what this is really all about. It’s not the encouragement to sacrifice our rights for temporary safety. It’s not to remind us that our acquiescence was only temporary and that the government, this government specifically, shouldn’t be allowed to curtail our civil liberties. It’s that having proven our willingness to suffer the loss of civil liberties for the moment, the New York Times wants us to “reimagine the scope and nature of our civil liberties and our social contract” going forward into our Brave New World. Not the government’s vision, but the New York Times’.

Is there no one who won’t seize upon a crisis for their own ulterior purposes? Just because we did what we had to do survive one disease doesn’t mean we’re willing to renegotiate the social contract.

*The name of the law is “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001.” One would have expected the New York Times to be aware of this.


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13 thoughts on “Lockdown and The Reimagined Social Contract

  1. Richard Kopf

    The Times editorial board concludes, as you point out, “that the coronavirus provides Americans with an opportunity to reimagine the scope and nature of our civil liberties and our social contract.” Now, perhaps those words and the larger editorial were intended to push a left-centered authoritarian agenda. Or, more likely, and this may come as no surprise, the editorial board is merely fond of words detached from meaning as long as the woke will read into the pretty words every pixie dust particle they desire. To put it in terms I understand, “they couldn’t say ‘shit’ if it was in their mouths.”

    All the best.

    RGK

    1. SHG Post author

      I don’t care if it’s the right. I don’t care if it’s the left. I don’t care if it’s somewhere in between. I didn’t survive COVID-19 (thus far) to renegotiate the social contract. And fuck the New York Times for trying to sneak their bullshit in the backdoor, whatever that bullshit might be.

      1. Chris Van Wagner

        Slow clap. Ps. The Wisconsin open-up-now protestors were more polite than the Michigan Militia, remaining in a peaceable assembly outside, rather than storming the locked building. Then again, we are neighbors to minnesota. As in Minnesota Nice.

      2. cthulhu

        Totalitarians gonna totalitarian.

        I wholeheartedly approve of this burgeoning “Fuck the NYT” movement.

  2. CLS

    On reflection, it seems the biggest mistake we made during this crisis is believing people would set aside their ulterior motives for the greater good. We could’ve taken this time to unite as a species, truly act as though we were “in this together,” and emerged a kinder, better world.

    Instead the pandemic’s proven how divided, bitter, and selfish we are.

    Bill Hicks’ thoughts on humanity ring strangely true in the present moment: “I’m tired of all this back-slapping “ain’t humanity great” bullshit. Fuck that. We’re a virus with shoes.”

    And I gladly second the “Fuck the New York Times” sentiment.

    1. SHG Post author

      Not to go all squishy, but I still believe that most of us are “in this together,” trying to help our neighbors to survive. Unfortunately, we’re not out to manipulate the kindness of strangers for our own purposes. Fight the cynicism and fuck the Times.

  3. Mario Machado

    It’s always particularly sinister when people who should know better try to sneak this crap through customs. I’d much prefer the forthcoming authoritarian who plainly says that people who disagree with him or commit thoughtcrime should be subject to arrest.

    NYT has already been losing it for some time, and it’s no surprise they’ve decided to turn it up to 11 during a pandemic.

    1. SHG Post author

      I wonder if this was always the mindset behind the Times and they just feel more empowered these days to actually say it out loud.

      1. cthulhu

        It’s the same basic phenomenon that Tom Wolfe pointed out fifty years ago – significant portions of the “intelligentsia” are threatened by the notion that the proles don’t just accept the judgements of their betters, so obviously the Right Thing is to reorganize the “social contract” so the proles aren’t allowed to be uppity anymore.

        Ghod, I miss Tom Wolfe.

        1. SHG Post author

          Tom Wolfe used to hang around my office when he was writing Bonfire of the Vanities. He was buddies with one of my officemates, Eddie Hayes.

      2. Mario Machado

        I think they’ve had that mindset for a while, and the fact that they’re showing their almost-true (they can always get worse) colors during these times, says plenty.

        I’m getting myself a subscription to that newspaper that’s printed on pink wrapper.

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