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Here’s another stark inequality that has come to characterize our nation: for every 99 Occupy Wall Street protestors who’ve been arrested, about one millionth of one fat cat has been arrested. Okay, I realize you can’t arrest a tiny slice of a fat cat, no matter how fat, so let me put it this way: Over a thousand Americans have been arrested around the country for protesting Wall Street in recent weeks, according to estimates. But after a half hour scouring the web, I can only find a handful of instances of financiers or speculators being arrested for causing the collapse of our economy back in 2008 – that’s out of the hundreds of thousands who work for the Money Industry. Not one of the titans of Wall Street – the hundred-million-dollar-a-year wizards who were manipulating our economy for their personal pleasure – have been perp-walked into a paddy wagon, much less prosecuted.

The internet’s aflame with this irony, so there’s no point in belaboring it.

More important, but far less noticed, is the nature of the crime for which most of the 99% protestors have been arrested: exercising what many Americans consider basic First Amendment rights – the freedom of speech and assembly. As we’ve witnessed over the last few weeks, in many places in this country you have no First Amendment right to walk down a street, sleep in a park, enter a public building. This isn’t anything new: under many court rulings interpreting the US Constitution, government can place “reasonable” restrictions on your rights, so as to protect the rights of others not to be disturbed.

That made sense back when “rights” belonged only to human beings.

But we now live in a new day, under a different view of the Constitution, courtesy of five members of the United States Supreme Court. According to their infamous decision in the Citizens United case, corporations have the same First Amendment rights as human beings when it comes to the freedom to express themselves by spending money to buy elections or influence votes.

There’s just one hitch to the Supreme Court’s equation of humans with corporations: when corporations exercise their First Amendment right to spend money, they completely overwhelm the First Amendment rights of humans. Sure, you can exercise your First Amendment right to donate a few bucks to a candidate for public office, or to a ballot initiative. But once a corporation opens its bank vault, your freedom of speech right is obliterated.

It used to be that the Supreme Court upheld laws that put “reasonable” restrictions on corporate spending in politics, under the theory that one person’s exercise of their rights should not disturb another’s. But Citizens United stripped that quaint notion from the law books. Until we amend the Constitution, the fat cats get to make the laws and break the laws. The rest of us have the right to remain silenced.

This travesty of democracy is now laid bare in cities and towns throughout the United States. There’s been plenty of fun poked at the strange hand gestures developed by the Occupy Wall Street supporters to substitute for applause or boos – so as not to disturb the peace of the nearby corporations. Protestors who dare to up the decibel level by using more advanced technology – a megaphone – in a public park in New York City, in the hope they can make themselves heard merely across the street, face arrest. Meanwhile, up in the executive suites, a small number of stupendously wealthy and powerful individuals order billions of dollars worth of lobbyists, lawyers and propaganda pumped into our democracy every year. It’s a deafening and unstoppable inundation… intended to make sure no one can hear what the rest of us have to say.

In his weekly address last Saturday, President Obama said, “What’s being tested here is not just our ability to solve this one problem, but our ability to solve any problem.” Obama’s speech was about health care reform, but his point goes to the heart of the debate underway in this country – a debate that the Tea Party movement has given a sharp edge.

American’s have lost their confidence in the basic institutions of our democracy. It’s not just the President’s rating that is down in the polls, it’s Congress’s, the United States Supreme Court, even the college system.

There is more than ample justification for this stark collapse of trust. As I wrote last summer, I believe it all begins with the crash of the Money Industry after years of deregulation by federal officials who, quite simply, sold out – and then showered billions of taxpayer dollars to save the speculators while the rest of the economy, along with millions of people’s jobs and savings, went into the tank. Even now, the Wall Street execs whose greed and speculation caused the crash continue to call the shots in D.C.

After that pitiful performance by our government, who can blame people for distrusting Washington’s plan to fix the health care system?

Lately I’ve been pondering two other disasters that might have been averted had government done its job.

An appendix (PDF) to the 2004 report of the 9/11 Commission describes in agonizing detail how our government was unable to mount a defense of the nation that day despite trillions of dollars spent on defense and the military in preceding years. That morning, there were only fourteen jet fighters guarding the country. Flight controllers couldn’t connect the dots as the multiple hijackings unfolded; FAA officials failed to follow procedures to communicate with the military; scrambled fighters were too far away and sent to the wrong locations; the military never even knew how many or which commercial airplanes were involved until all four were down. A fateful order from the White House to shoot down any commercial planes that refused to land never even reached the fighter pilots who by then were flying combat cover over the East Coast.

On that horrible morning, it was only when individuals took matters into their own hands – the passengers of United 93 who fought the terrorists as their plane headed for a strike on he nation’s capitol, or an FAA manager who ignored protocols and unilaterally ordered all planes in the air to land – that more lives were spared.

Or, consider the case of Amy Bishop, the University of Alabama professor who shot six colleagues a few weeks ago. As rendered by the New York Times, her profile now, after the deed, reads like the description of “angry loner” we have grown familiar with from previous mass murders, but no one ever connected the dots of her obviously deranged life. In 1986, she killed her brother but claimed it was an accident and got off, perhaps due to political connections; in 1993, she was questioned in connection with a pipe bomb sent to one of her college professors; in 2002, she punched a women in the head at a House of Pancakes for taking the last booster seat.

What to do, then, about such profound failures by government? Do we follow the suggestion of Glenn Beck, who over the weekend blamed progressivism – the philosophy of engaged government championed by Theodore Roosevelt – for our nation’s ills?

I’m not one of those people who is offended by the eruption of angry Tea Party organizations around the country. To the contrary, the TP’rs are raising questions, pointing out problems and demanding answers from elected officials – just what an active citizenry is supposed to do.

But I disagree with their premise, which is that government is responsible for all that is wrong with our country, and that the solution therefore is a castrated federal government or no federal government at all.

That’s stupid.

We need police. We need the military. We also need a cop on the corporate beat in the executive suites of Wall Street. And we need rules and regulations to prevent health insurance companies from ripping us off or condemning us to death.

When our government institutions fail us, as they have, through incompetence and corruption, the answer is not to get rid of government, but to make it work better. How to do that? Read my next column.

The Right to Remain Silenced

Bad Government