Meet Rod Blago

As the former governor of Illinois crisscrossed the country on his farewell tour, I kept imagining him lying back in his seat, scalp being massaged by his personal hairstylist (it takes work to keep that Serbian gangster hairdo in pristine shape), while an old Mac Davis song played on an endless loop on his iPod:

O Lord, it’s hard to be humble

When you’re perfect in every way

I can’t wait to look in the mirror

’cause I get better looking each day

“Here, Bobby, hold that mirror up.  I gotta work on my smile.  Those gals on The View are gonna fall for my eyes.”

And fall they did.  Once Hot Rod’s hand was on her knee, Whoopi Goldberg could feel his pain.  A colored man just can’t get a break in the white man’s world.

In the end, though, it was Blagojevich who fell the hardest, but that wasn’t his fault, either.  Turns out that federal district attorney Patrick Fitzgerald is a regular Mr. Potter, trying to keep Milorad Bailey from helping the people of Illinois live a wonderful life.  On January 23, he explained it all to WLS’s Don Wade and Roma:

You know those old black and white movies from the 30’s and the 40’s with Jimmy Stewart and Gary Cooper? Mr. Smith Goes to Washington and It Happened One Night and Meet John Doe and the other one is Mr. Deeds Goes to Town? How the good guy was up against the establishment, and yet they tried to make him look like he had violated rules, but he stood firm for the people because he was trying to help people in all of those movies. . . .

That’s what my story is.  It’s a Frank Capra movie.

In this 21st-century remake of It’s a Wonderful Life, the score, of course, is also by Mac Davis.

Some folks say that I’m egotistical.

Hell, I don’t even know what that means.

I guess it has something to do with the way that I

fill out my skin-tight blue jeans.

With his leather bomber jacket, those blue jeans were Governor Blagojevich’s business suit.  (Business casual was sweats and running shoes.)  Some might find that a bit down-market for the governor of the sixth-largest state in the Union, but those jeans are the uniform of the working man, and Rod Blagojevich is nothing if not true to his roots.

That’s why he voted for Ronald Reagan (twice!), he told Chicago’s morning commuters, but as a working-class Democrat

I like to see myself more as a Teddy Roosevelt kind of Republican than Richard Nixon. The guy who’s fightin’ for the average guy. And willing to, you know, be in the arena and have his face marred by dust and sweat and blood—strive valiantly and err and come short again and again. Because there is not effort without error and shortcoming, but who actually strives to do the deed.

With such a mastery of syntax, is it any wonder that, in conversations taped by federal investigators just days before his arrest and indictment, Governor Blagojevich still thought he might one day rise to the office then occupied by George W. Bush?

And who knows?  He might have, if not for the treacherous Potter—er, Patrick—Fitzgerald.  But once the arrest and the indictment came down, the Illinois House finally did the right thing and impeached the governor.  At that point, he had only two choices: Return to his ancestral homeland and get lost in the mountains of Montenegro, or go down fighting.

He chose to fight, but in his own special way.  Where a lesser man might actually have shown up for his impeachment trial and attempted to mount a credible defense, this son of an immigrant steel-mill worker went on every TV and radio talk show that would have him and defended himself against charges no one had leveled.

Democrats hated him because they wanted to raise taxes, and he wouldn’t let them; Republicans hated him because they wanted the Democrats to raise taxes so they could campaign on the issue.  Everybody hated him because he, like Mother Teresa, cared for the sick and the poor, especially children.  But they were all so corrupt that they would hate Mother Teresa, too, as he revealed on the Today Show: “You can conceivably bring in 15 angels and 20 saints led by Mother Teresa to come in to testify to my good character, to my integrity and all the rest.  It wouldn’t matter.”  (Why a Serb would want to be defended by an Albanian was a question that, sadly, nobody asked.)

When he finally arrived in Springfield (a rare event in his two terms as governor) and deigned to make an appearance at his own impeachment trial, his long-winded defense could be summed up in two lines: “To know me is to love me. / I must be a hell of a man.”

Well, he was half right.  So long, Hot Rod, and thanks for the nine-billion-dollar deficit. 

First published in the April 2009 issue of Chronicles: A Magazine of American Culture.

Everything in Its Place

On December 9, 2008, as I read through the federal criminal complaint against the latest Illinois governor to be indicted for the merest portion of his crimes, I could not help but feel uneasy.  Sure, it was great fun to imagine Governor Hot Rod sweating it out in his holding cell, awaiting arraignment later in the day.  Even the most casual observer of Illinois politics knew that Milorad Blagojevich, our S.O.B., had to be corrupt.  After all, you don’t get elected governor of Illinois as a reformer if you actually are one.

The unease did not abate as Aaron Wolf and I watched a webcast later that morning of the press conference held by U.S. District Attorney Patrick Fitzgerald.  The assembled reporters danced around the obvious questions, and Fitzgerald followed their lead.  What is the actual federal crime of which Blagojevich is accused?  Is there one?  Aren’t Blagojevich’s transgressions, both those named in the criminal complaint and those for which he will probably never be indicted, state matters?  Isn’t this a bit like prosecuting Al Capone for income-tax evasion, the main difference being that income-tax evasion was a federal crime, and Capone was guilty of it?

If there were an actual federal crime involved, that might be one thing; but the two counts leveled against Blagojevich stretch federal law so far as to make it meaningless.  Or, rather, they stretch it so far as to make it absolute—any crime committed by an elected official of a state, and virtually any crime committed by a mere citizen, could be covered under their penumbra.

The first count alleges that Blagojevich and John Harris, his chief of staff, “did, [sic] conspire with each other and with others to devise and participate in a scheme to defraud the State of Illinois and the people of the State of Illinois, of the honest services” of Blagojevich and Harris.  It is easy to see how this could be a state matter, but it only becomes a federal crime through a subordinate clause: “in furtherance of which the mails and interstate wire communications would be used,” in violation of various sections of Title 18 of the United States Code.

The second count alleges that the governor and his chief of staff “corruptly solicited and demanded a thing of value, namely, the firing of certain Chicago Tribune editorial members responsible for widely-circulated editorials critical of” the governor, in exchange for which they allegedly intended to provide

millions of dollars in financial assistance by the State of Illinois, including through the Illinois Finance Authority, an agency of the State of Illinois, to the Tribune Company involving the Wrigley Field baseball stadium.

This is certainly worthy of state prosecution, but why should it be considered a federal crime?  Because Blagojevich and Harris are

agents of the State of Illinois, a State government which during a one-year period, beginning January 1, 2008 and continuing to the present, received federal benefits in excess of $10,000.

In a line sure to send a chill down the spines of evangelical dispensationalists and rad-trad Catholics, this second count notes that these actions violate “Title 18, United States Code, Sections 666(a)(1)(B) and 2.”

In the end, though, the Blagojevich arrest and indictment present a more mundane, yet perhaps more far-reaching, concern than the coming of the end times and the rise of the Antichrist.  As contributing editor Clyde Wilson noted on the Chronicles website, “the idea of the FBI arresting a governor is disturbing” and “a very bad precedent.”  The U.S. Constitution has long been a dead letter; federalism exists today in name only; yet it is hard not to sense that a broader principle even than the traditions of the American political system has been violated here.

In the Catholic tradition, we call that principle subsidiarity—the idea that a larger, higher, or more centralized authority should not usurp the rightful duties and responsibilities of a smaller, lower, or decentralized one.  The framers of both the Articles of Confederation and the U.S. Constitution did not use the term, but the systems of federalism established under both documents adhered to the principle, each in its own way.

Subsidiarity is poorly understood.  Many Catholics who claim to support the principle characterize it as the idea that higher authorities should never step in unless lower authorities fail to fulfill their responsibilities.  I once had a debate with a Catholic traditionalist who argued that, under subsidiarity, overturning Roe v. Wade was not good enough, because some states would fail to protect the unborn.  Therefore, nothing short of a Human Life Amendment to the Constitution was acceptable.  Similarly, leaving the regulation of marriage to the states was out of the question, now that some states have legalized “gay marriage.”  Their failure to exercise their responsibilities in accordance with Christian teaching on marriage meant that the federal government not only could step in, but must step in.

Since vocal Catholic “defenders” of subsidiarity make such arguments, it is not surprising that another common misconception, especially among those who are skeptical of the influence of the Catholic Church on politics, is that (in the recent words of one European journalist) subsidiarity means “that the power rests at the top . . . but the power at the top will let some of it trickle down as it sees fit.”

Both sides are wrong.  The most cogent summary of the principle of subsidiarity is found in Pope Pius XI’s 1931 social encyclical, Quadragesimo anno.  Building on the work of his predecessor, Pope Leo XIII, in Rerum novarum (1891), Pope Pius writes (paragraph 79):

As history abundantly proves, it is true that on account of changed conditions many things which were done by small associations in former times cannot be done now save by large associations. Still, that most weighty principle, which cannot be set aside or changed, remains fixed and unshaken in social philosophy: Just as it is gravely wrong to take from individuals what they can accomplish by their own initiative and industry and give it to the community, so also it is an injustice and at the same time a grave evil and disturbance of right order to assign to a greater and higher association what lesser and subordinate organizations can do. For every social activity ought of its very nature to furnish help to the members of the body social, and never destroy and absorb them.

Phrases such as “fixed and unshaken,” “gravely wrong,” “injustice,” “grave evil,” and “disturbance of right order” do not allow for a whole lot of wiggle room.  Even more important, however, is the Holy Father’s choice of verb to describe the responsibilities of subsidiary organizations: He speaks of what they “can do,” without qualification.  He does not go on to say that if they deliberately fail to do that which they can do, it is no longer “a grave evil and disturbance of right order” for a larger, higher, or more centralized authority to usurp the power that rightly belongs to a smaller, lower, or decentralized one.

This isn’t sloppiness on Pius XI’s part, nor is it a deliberate attempt to hide some dark Catholic belief that power flows from the center and is held by families and local governments and other intermediary institutions only at the whim of the centralized state, which owes its power to the Supreme Pontiff.  Rather, it is a classic statement of the traditional Christian understanding of moral and social order: There is a place for everything, and everything in its place.

The proper authorities in the state of Illinois could have handled the Blagojevich problem, as the impeachment proceedings in the Illinois General Assembly prove.  They chose not to.  And the citizens of Illinois, who could have demanded that their elected officials fulfill their sworn responsibilities to uphold the Illinois constitution, chose to look the other way, too.  Neither failure represents an inability to carry out their responsibilities, and thus neither justifies the “grave evil and disturbance of right order” of a federal intervention.

Pius XI wrote Quadragesimo anno at a time of unprecedented centralization and destruction of Edmund Burke’s “little platoons” that are “the first principle . . . of public affections . . . the first link in the series by which we proceed toward a love to our country and to mankind.”  Today, to quote the typically pithy assessment of Burke’s latter-day disciple Russell Kirk, the situation is “much worse.”  Subsidiarity, Pius XI saw, was the key to the return to right order, which would mean the limitation rather than the expansion of the centralized state:

When we speak of the reform of institutions, the State comes chiefly to mind, not as if universal well-being were to be expected from its activity, but because things have come to such a pass through the evil of what we have termed “individualism” that, following upon the overthrow and near extinction of that rich social life which was once highly developed through associations of various kinds, there remain virtually only individuals and the State. This is to the great harm of the State itself; for, with a structure of social governance lost, and with the taking over of all the burdens which the wrecked associations once bore, the State has been overwhelmed and crushed by almost infinite tasks and duties.

Should Governor Hot Rod be convicted on federal charges, I won’t shed a tear for him—he deserves far worse than a few years lounging around a federal country club, with a weekly “Get Out of Jail Free” card to meet his family and political cronies on Saturday morning at a local restaurant for breakfast.  But the successful prosecution of a governor who was indicted while still in office would set, as Dr. Wilson rightly stated, a very bad precedent.

While the American constitutional order may have all but crumbled into dust, subsidiarity, as a broader principle, still stands—for the moment.  Defending it, even in—or perhaps, especially in—distasteful situations such as the strange case of Milorad Blagojevich, is the first step toward restoring a sane political order in the United States.

And think of the delicious irony if a reinvigorated federal system were to spring forth from the Land of Lincoln. 

First published in the March 2009 issue of Chronicles: A Magazine of American Culture.

Hot Rod Lincoln

He knew that he was destined for greatness.  The son of uneducated manual laborers, immigrants to Illinois, he was never much of a student, but he would become a successful lawyer.  From a young age, though, his sights were set on political power.  Through his political connections, he got himself elected to the Illinois House of Representatives and, later, to the U.S. Congress from Illinois.  Gregarious when he wanted to be, he was known to all by his monosyllabic three-letter nickname, not his trisyllabic given name.

He was well liked by some, but despised by others.  Very few people had a neutral opinion, and even some of those who liked him and supported him in his rise to power were disturbed by his odd, self-centered behavior.  He seemed unable to show much human emotion for those around him.

Whatever else anyone might have thought of him, he was a masterful politician, attacking corruption while engaging in inside deals that helped him both politically and personally.  Unhappy with the location of the Illinois capitol, he essentially moved it to where he was living.  But his ambitions extended beyond Illinois, and he needed money and backing to fulfill his dream of rising from his modest roots to the highest office in the land.  Washington beckoned, and nothing would stand in his way.

Or, at least, that is what Gov. Milorad “Rod” Blagojevich thought right up until the phone rang at 6 A.M. on December 9, 2008, waking him at his home on Chicago’s North Side, which he had transformed into the de facto capitol of the state of Illinois.  That same phone had been his undoing, and at a press conference later that morning, federal investigators outlined a 76-page indictment filed in U.S. district court, which detailed numerous calls made to and from that phone.

In selections from the transcripts of those calls, Governor Blagojevich repeatedly instructed aides to hold up $8 million in state funds for a children’s hospital until the head of the hospital coughed up a $50,000 donation to Friends of Blagojevich; discussed using $1.8 billion in state funds as a reward to a public contractor, a road builder, if only he would raise a half-million dollars for the governor’s war chest by the end of 2008, when new campaign-finance rules would go into effect; and tried to tie state assistance to the struggling Tribune Company, owner of the Chicago Tribune and the Chicago Cubs, to the firing of a writer for the Tribune who had penned editorials critical of Blagojevich’s conduct as governor.

The press conference was conducted by Patrick Fitzgerald, the U.S. attorney for the Northern District of Illinois, who had successfully prosecuted Blagojevich’s predecessor, Republican Gov. George Ryan, on 18 counts of racketeering and fraud.  Ryan had had the good sense to decline to run for reelection as the feds closed the net about him, and so he, like felonious former Democratic governors Dan Walker and Otto Kerner, avoided indictment while still in office.

Blagojevich not only ran for reelection in 2006 knowing that he was being investigated but as late as the day before his arrest declared to reporters that investigators were free to listen to his conversations because he had nothing to hide.  Still, the transcripts showed that he was looking for a way out of the governor’s office so that he could rehabilitate his reputation—for a run for the presidency in 2016.

Milorad was probably too busy getting his trademark Serbian gangster hairdo coiffed for court that afternoon, but if he had a chance to listen to Fitzgerald’s press conference, the man who had consciously modeled himself on Honest Abe was likely cut to the bone when Fitzgerald declared, “The conduct would make Lincoln roll over in his grave.”  Of course, Rod shares more with Abe than the Brooklyn-born Fitzgerald would like to think.  The railmen who bankrolled Lincoln could teach today’s blacktop bosses of Illinois a thing or two.  And as President, Lincoln didn’t need to use financial persuasion to halt criticisms of his conduct; he could—and did—simply sign an executive order for the arrest and imprisonment of “the editors, proprietors, and publishers” of newspapers and prohibit “any further publication therefrom.”

No, if Lincoln was doing anything in his grave on December 9, 2008, he was probably thanking the God he didn’t believe in that Alexander Graham Bell hadn’t invented the telephone until 12 years after his last Good Friday.

Most of Governor Blagojevich’s transgressions were politics as usual here in the Land of Lincoln, but Fitzgerald was compelled to act when it became clear that Blago was attempting to sell Barack Obama’s soon-to-be-vacant Senate seat to the highest bidder.  But what about our new President himself?  Time will tell, but some of us in Illinois could not help but chuckle when the President-elect—another politician who modeled himself on Honest Abe—announced that the centerpiece of his New New Deal would be the biggest load of asphalt since the construction of the Interstate Highway System.  One thing is certain: The appointment of outgoing Illinois congressman Ray LaHood (R-Blacktop) as transportation secretary had little to do with bipartisanship.

You can take the boy out of Illinois, but you can’t take Illinois out of the boy. 

First published in the February 2009 issue of Chronicles: A Magazine of American Culture.