Understanding great literature is better than trying to read and understand (yet) another business book, Leadership Lessons From The Great Books leverages insights from the GREAT BOOKS of the Western canon to explain, dissect, and analyze leadership best practices for the post-modern leader.
Leadership Lessons from the Great Books podcast, episode number
64 with Tom Libby in three,
two, one.
Hello. My name is Jesan Sorrells and this is the
Leadership Lessons from the Great Books Podcast, episode number
64 with my regular co host,
now no longer semi regular, but regular co host Tom
Libby. And welcome.
Tom. How are you doing? I'm doing fantastic.
If you're not watching this on the video, it's kind of hard to express, but
I'm already kind of, like, laughing a little bit here because I just think today's
topic is going to we are either going to divide your
audience dramatically between
the haves and the rights and the wrongs and all this other stuff,
or we're just going to be very entertaining for them. I haven't figured out which
yet. We're going to solve all the problems of the world in about the next
hour and a half, which is about the only time we've got today. So
we might not actually get to the end of the podcast today. We might actually
have to put a to be continued on the end of this
ellipsis and revisit some of the things in here
because today we are going to talk about the intersections
between the US Constitution,
the King James Bible, Andrew
Jackson, and the role of the civil
magistrate in a republic. This
is the kickoff to our month in July where we tend to focus
on the US Constitution, the Declaration of Independence, and
what leaders can take from the founding documents of the United States,
which I consider to be and which many consider to be. I'm
not the only person here considered to be revolutionary documents
in their time, but also consider them to be
documents that have actually changed the nature of leadership,
not just at a governmental level, but at
a hierarchical level. In all manner of
ways between leaders and followers
has changed the nature of that relationship as
truly fundamental founding documents do.
So in the Bible there we're going to get into it. We're going to
kind of talk about Proverbs 23 and 24.
And like I said, we're going to talk about the role of a civil
magistrate and what that actually means. And this is weirdly
enough, a podcast episode that is going to drop after
episode number 65 where we talked about First Kings, Second Kings, First
Chronicles, and Second Chronicles. Yes, we're dropping them out of order. So I want you
to go and listen to episode 65 and then get
us in on episode 66 where we will be talking about or
not 66, 67, where we will be talking about
the US. Constitution more broadly beyond just the
14th Amendment and the role of leadership with that. So we're
kind of bringing some things together here and we're starting that with
this podcast today.
One of the things that we are going to really focus on, the narrow area
that we're going to focus on today in our conversation, and I'm going to quote
directly from the US. Constitution in just a moment, we're going to
talk about how do you put caesar back in the box,
because I do think that that is a fundamental question for our
time. When leaders get out of control, when they behave
somewhat I'm going to name a leader here that everybody knows. When they
behave somewhat Napoleonically, how do you ship them
off to elba, right? How do you make
sure that they stay in their lane? A
lot of the times on this podcast, we talk about leadership, self awareness, and how
leaders need to understand who they are and the lane that they are
in. But when a leader gets out of control, how do you put that
leader in the box? Back in the box? And whose responsibility
is it to do that? And there is no better example of
the checks and balances that are placed on leaders, I think, in the
world today than the contemporary
and even the pre contemporary united States of
America. And I quote directly
from the US. Constitution, the 14th amendment,
section one, which is really the only section you really
mean. All persons born or naturalized in the United
States and subject to the jurisdiction thereof are citizens of the
United States and of the state wherein they reside.
No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States, nor shall
any state deprive any person of life, liberty,
or property without due process of
law, nor deny to any person within its jurisdiction
the equal protection of the laws.
Close quote from the US. Constitution, section
one, 14th amendment.
We are only a few days away from the celebration of independence
day in the United States, the day that Thomas Jefferson, a noted
deus, penned the famous words, we hold these truths to be self
evident, that all men are created equal.
Oddly enough, or maybe interestingly enough,
four score and seven years later, on July
4, at 1863, at a place called gettysburg,
northern troops from Massachusetts, most notably, where tom Libby hails
from, led by Joseph chamberlain, held
the high ground at gettysburg and
probably reserved the union.
They and the southern troops who opposed them
finally
preserved in blood the argument that jefferson made
in principle, and they did it
in the mud of pennsylvania.
It's really hard when you think about the civil war to root for the, quote,
unquote, bad guys. But I'm that guy.
And that's not to say I root for the south, and that's
not even to say that I root for the southern argument. The southern argument was
full of holes, but
secession acts of secession, acts of leaving
right are radically enshrined in the declaration of independence
as well. And we read from the 14th amendment. Well, the 14th amendment was
specifically added to the constitution after the
civil war because, quite frankly,
african americans in this country. The descendants of African
slaves were still underneath
systems where they could be deprived of their life, their
liberty, their property without due process of the law because they were
believed to be less than.
But let us not merely focus on race. There have been issues
around this with class. There have been issues around
this between men and women in our country. And of
course, speaking of Andrew Jackson, there have been
issues between those individuals who immigrated here and those
individuals who really immigrated here.
And so it's hard to make an
argument for the opposite side, right? It's hard to make an
argument for secession because in our time,
the cause of the Southern troops today is merely labeled as treasonous and then placed
in a box and forgotten or thrown away. And the
arguments for Southern secession, the arguments that they made based on states
rights are dismissed by the same people in our time.
We even seek now to rename schools and monuments and
tear down statues of the men who opposed the Northern troops in the Civil
War. Matter of fact, in the town that I live in here in Texas,
there is a statue of a general who was a battalion commander.
The county is named after him, by the way.
And he died at Gettysburg like a lot of
Southerners did. And I don't think he was fighting for
slaves. Matter of fact, when you look into that guy's history, he
didn't own one.
When you think about that
without emotion, which is really hard, there
is no greater example in our country the Civil War
is no greater example of how far average people must be willing to
strive to check the power of the civil magistrate even if the civil
magistrate is Abraham Lincoln. Right?
And to try to put Caesar back in the box to try to
try to contain leadership when it appears to be getting out of
control. This is
especially interesting in a country that ostensibly has a constitution and
where Caesar serves a piece of paper in a
republic rather than serving him or herself.
We need raw, robust thinking in our time about these areas. And we
need to drain some of the emotion from
events that occurred over well over
170 years ago. Knocking on the door of a hundred
no, knocking on the door of 200 years ago pretty soon here.
We need to be able to drain emotion from those events,
but we can't. And I think we can't because
we are struggling at a human level inside of this republic we have
built. We are struggling with the
idea of how to ensure life, liberty, property
and due process of the law while also
acknowledging the reality of a hierarchical
structure and of leaders that have egos, leaders that have
hubris, leaders that have arrogance and leaders that can sometimes get out of
control. So
with all of that being said, the sort of
ground being laid there I already wound up Tom a little bit
and told him where we're going today.
But let's start off with that. Tom,
does the enemy get a vote? Like, does the person
opposing you, do they actually have a legitimate
strain in their argument? Can we acknowledge that in our
polarized culture today? Or are we all on the side
of angels? And there are no demons. We're all just on the side of angels
together.
So the first question you ask me is literally like a
loaded gun here.
Ready, fire. Aim. Right. Yeah.
This is a really interesting topic for me. Right. And then
I think it's very interesting where you look at
probably like the maybe early
ninety s, right. When our political landscape was
a bit different in the sense that
you could live in a state like Massachusetts and being Republican and not worried
about your house getting thrown eggs at every day. Right.
Where today I know a lot of Republicans in the state of
Massachusetts won't even admit they're Republican when they're in mixed crowds.
Just for those who don't know if you don't know, Massachusetts
is an extremely liberal state. I mean, we're probably
one of the farthest left states that is in the country. Maybe us in
California, I think, are probably the two.
So for you to be for the. Population
about 85%, to be that far
left, you just don't talk about it. If you're a Republican, you just keep
it to yourself and you vote and you go about it. Right. Because
kind of kind of to your question about because
we can't seem to have a difference of opinion anymore.
The idea of us disagreeing, shaking hands and walking
away as friends is nonexistent today where it was when I was a
kid, when the political landscape was a little bit
I'll just use the word calmer. I don't know if that's the right word, but
there were more middle of the road people and lean
Republican. Like, I lean Democrat, I lean toward
Republican, but I really feel like a middle of the road.
So that doesn't seem to exist anymore. A lot of our middle of the road
people are forced to choose and kind of just stay on that
side. So to your question, I know this is a really
roundabout kind of answer to your question, but
in today's society, I don't think the enemy gets a vote. I think 30 years
ago maybe they did. And I'm not sure if we're better off for it or
not. That part I don't know. But if history tells us
anything, that usually this is
probably my favorite quote from any attorney or lawyer that I've ever heard in
my lifetime in any kind of compromise. If both parties
are happy, something went wrong. If both parties
are miserable, something went right. If one party
is happy and one party is miserable, then you didn't do your job right.
To the point is when you're compromising in these
situations, then you should not walk away from the table happy that you had to
compromise, but you
should be able to look across the table and see, quote unquote, your enemy however
you want to word this and at least see another human being
and realize that they're not happy either. And if you're both not happy, then
something went right. And I don't think that exists in today's world right
now. Well, and see, this is again, when you read literature,
I don't care if the literature is governmental founding documents or the
hobbit, right. I don't care what we're reading. Right.
Okay. I'll use the founding documents as an example.
King George II
thought he had a legitimate reason
to hold the the
colonies of the United States, which was the United States at the
time, but to hold the North American colonies in his grasp. He believed
he had a legitimate argument. He got a vote.
Jefferson list in the Declaration of Independence.
I know because we read it on the podcast. He lists all
of the things that they
are opposed to and he even says in the text,
we've sought redress. We've tried to fix this. Right?
We've tried to use the systems that we have in
place, and we've been ignored. We've had these
responses and reactions. We've had escalation, and now we're
done. We're out of the game.
But at the end of it, he writes something that's very, very
interesting, basically says that we can
be friends at the end of this. We just can't be in a relationship
together anymore.
It's the ultimate. It's the ultimate. It's
not you, it's me.
Which by the way, so there's one thing missing
from your intro here too. You're talking
about the documentation of
the Constitution, its influence from the King James Bible.
But Native Americans had a very strong influence into
the founding principles of our country. I
shouldn't say most people I hope everybody knows this by now, but sometimes
people it's not really that common of knowledge,
but the indigenous people that were here
used a very similar form of government than we have today.
And by the way, the checks and balances were also there. It was just different.
Right? So you had a chief that gained too much power,
and they thought that he needed to be knocked
down a peg. It was actually done by the elder women. So the elder women
would basically hold a private council session with the
chief and be like, listen, either you, either you cut this out or you're gone.
We're going to replace you with somebody else. And the elder women had the authority
to do that. So it was a council of elder women. But that
check and balance kept even chiefs
that Europeans were mistaking for kings
and situations like that. They thought they had the same power that
they were used to in Europe, but they didn't. And the way in
which we communicated was very similar to what you see in Congress today, where
we had talking sticks and talking feathers and things like that, where only one person
is allowed to talk so you can't over talk somebody else that is holding that
feather. There was councils divided, meaning not divided in
arguments, but certain councils handled certain things. You'd
have a council for war, a council for
trade, a lot of these
principles. Now granted, the Founding Fathers, in my
opinion, did do a very nice job
going deeper and really,
I'll say penciling out some formality to all of
this, but a lot of people forget that these
foundational principles come from something they encountered
here. This wasn't something they invented. It wasn't something that they
saw or something that they came up with. It was something that they saw
and they were interacting with at the time well. And I only think it
works. And one of our guests, who we'll have on the podcast this month, derolo
Nixon. He's our friend of the show. He's a lawyer,
constitutional guy, very
deeply well read. Good friend of the show. Had him on last year during the
month of July to talk about the Constitution and, of course, the Federalist Papers, which
were the arguments for the Constitution and the anti Federalist Papers, which
were the arguments against. One of the points
that Derolo makes is that
you would not have had the Constitution and you would not have had that understanding
of what they were seeing in the Iroquois
Confederation and in other places, which is what you're talking about.
You wouldn't have had that understanding from the Founding Fathers and from the people
who came before them who, when they showed up, they recognized this without
having an understanding of the Magna Carta coming
in, right? And so they brought that idea
that and this is a radically revolutionary idea and
this is why I use the term Caesar for the vast majority
of human history. Leaders are leaders.
They have all the power, they're the monarch, they do what they want.
What is it the Greeks used to say? The strong do what they will and
the weak suffer what they must. And that's it, right?
Raw power. Except even in those
times the raw power didn't work. But let's just take that as a broad brush
generality of leadership in human history.
The Magna Cartar is the first time. And there might have been times
in China, there might have been times in India, but those
times either are not recorded or are not known to us. In the West, I'm
sure we were not the Western world wasn't the
only we're the only human beings that came up with this idea. So I'm going
to put that caveat around it. But in the west, the Magna Carta is the
first time where elements of the Bible come in
and they are looked at and
that divine right of kings thing is
checked and the monarch is
told both by the church and by average people,
you need to go back in a box, buddy. You're way too far out
of the boundaries. And then the principle of that
you are not above the law. If you create the law,
it's the practice what you preach kind of situation. Right, right,
yeah. Even I am not above the law. There are rules even on this
show. Even I am not above the rules.
Now, sometimes leaders will use that to
hide in bureaucratic laziness. You get a
lot of that. So if you go and you're interacting with a civil
structure, particularly a civil service structure, this happens in
Texas. I know for sure it happens in Massachusetts in every other state I've ever
lived in. But you go and you ask for a bureaucrat to do something for
you and they will hide behind that. Even I'm not above, I can't
not my job or my personal favorite is what are you going to
do? It's the rules. And you go, you made them
1000 years. Yeah.
So that could be both a cudgel and an escape all at the same
time. But that idea, that core idea that there should be
rules and that the King or Caesar is not above the
box that they've constructed for everybody else,
is what then leads to this idea in the
14th Amendment of equal protection. Yeah, go ahead. No, I was just going
to say the thing I find interesting. You referenced the
Magna Carter. Was that 1215? Right.
So you referenced the Magna Carter that says you're not above the law.
But back then when they wrote the law, the law was the law.
There was nothing to challenge it. Whereas again, with our founding fathers, they had the
foresight to say even the laws are not
above the law. Meaning just because we write it into law
doesn't mean that somebody else shouldn't be able to challenge it and make sure that
it makes sense for the people. Right? Hence the Supreme Court.
We don't have to talk about them right now because God only knows that they're
fallible amongst themselves, but we don't have to talk about that.
We're going to hit that on another episode at a later date.
But the idea, the concept anyway, makes perfect sense that
says if we write this law and it doesn't make sense for the people, the
people have an avenue in which to challenge the law because the law itself is
not above the law. That whole concept,
again, it was just brilliant at the time. And they put in
paper and put in practice and in principle
in writing what they were witnessing. Right. So that was the one
difference. Right. So us as a people, and for those of you who don't know,
I am native, so I can speak to this a lot deeper if you
ever want to, but we didn't write this stuff down. We didn't have
that mechanism in place. It was such traditionalized
that it was embedded in our culture, so that we just did it. It was
like we just did it, and we acted on it. And it was never but
we had the same thing. We had the same idea or concept of just
because somebody makes a rule or just because the rule is
today, doesn't mean that that rule is going to be different tomorrow, or doesn't mean
that it can't be. Things are there
to adapt and proceed with you in order. We knew that our
population was growing and we were marrying out. Even
our sphere of influence was changing based on where our daughters went, where our
sons went. So it had to change with that right. So we already
knew all that, but we didn't write it down. And our founding
fathers did a good job. I give them at least a little credit for
that when it came to us. I give them
a little credit when the fact that they put to pen and paper
what we were doing in practice, and traditionalizing that they put it
into real into real practice, like into. Real pen and
paper. Well, speaking of interpretation,
but the 14th. Amendment specifically, by the way,
I just want to make sure that your listeners know, I do, that the 14th
amendment did not apply to us. There is section
three in there. Where doesn't matter. We weren't considered
citizens until 1924 with the indian citizen act.
Right? Let's get into that. All right.
No, we're going to get into that right now, because I have a piece
that I would like to read to you here. I'm an interpretation of the
14th amendment from the national constitution center by brian
t. Fritz patrick and theodore m. Shaw. And by the way,
we'll have links to the national constitution center. We'll have links to all of this
stuff, all these references that we are making in the
show notes below the player for this episode.
So from the national constitution center, a common interpretation of
the 14th amendment. They're going to hit on some of this. Tom, you're going to
love this. Ratified as it was after the civil war in
1868, there is little doubt what the equal protection clause was
intended to do stop states from discriminating against blacks.
But the text of the clause is worded very broadly, and it has come a
long way from its original purpose. For example, despite its reference
to states, the clause has been read into the fifth amendment to
prevent the federal government from discriminating as well.
Near the end of the 19th century, the court considered whether racial segregation by the
government violated the constitution if people were separated into different
facilities by race. But those facilities were purportedly equally
suitable, did that constitute discrimination?
Historians have debated whether the 14th amendment was intended to end such
segregation, but in plesi v. Ferguson, the court ruled
by a seven to one vote that so called separate but equal facilities in that
case train cars for blacks and whites did not violate the Equal
Protection Clause. The decision cemented into place
racist Jim Crow era laws. In a famous
dissent, justice John Marshall Harlan disagreed, stating, quote,
our Constitution is colorblind. End quote. Plesy remained the law of the land
until 1954, when it was overruled in Brown versus Board of Education.
The Supreme Court unanimously overruled the reasoning of Plesi and held that separate
schools for blacks and whites violated the Protection Clause. Brown
was a decisive turning point in a decades long struggle to
dismantle governmentally opposed segregation, not only in schools, but throughout American
society. Brown was a turning point, but it was not the end of the struggle.
For example, it was not until 1967, in Loving versus Virginia that
the Supreme Court held that laws prohibiting interracial marriages violated
equal protection. Although the original purpose was
to protect blacks from discrimination, the broad wording has led the Supreme Court to hold
that all racial discrimination pache tom's
point here, including against whites, Hispanics, Asians and
Native Americans is constitutionally suspect.
These holdings have led to an ongoing debate for the last several decades over whether
it is unconstitutional for governments to consider the race of blacks, Hispanics and
Native Americans as a positive factor in university
admissions, employment and government contracting. We will address
this question in our separate statements. The Supreme
Court has also used the Equal Protection Clause to prohibit discrimination on other
bases besides race. Most laws are assessed under so
called rational basis scrutiny. Here, any plausible and
legitimate reason for the discrimination is sufficient to render it
constitutional. But laws that rely on so called suspect
classifications are assessed under heightened scrutiny here. The government must
have important or compelling reasons to justify the discrimination, and the discrimination
must be carefully tailored to serve those reasons. What types of
classifications are suspect. In light of the history of the Equal Protection Clause,
it is no surprise that race and national origin are suspect classifications. But the
Court has also held that gender, immigration status and wedlock
status at birth qualify as suspect
classifications. The Court has rejected arguments that age and
poverty should be elevated to suspect classifications.
One of the greatest controversies regarding the Equal Protection Clause today is whether the
Court should find that sexual orientation is a suspect classification.
In its recent same sex marriage opinion, Obergefeld
versus Hodges, that was 2015 the Court suggested that discrimination
against gays and lesbians can violate the Equal Protection Clause. But the Court did
not decide what level of scrutiny should apply, leaving this question
for another day. Like many
constitutional provisions, the Equal Protection Clause continues to be
in flux. Close quote.
Now, we are recording this
in July of 2023, where
and we got to frame this the Supreme Court recently
struck down affirmative action
as a factor in admission to higher
education institutions. We will cover
that issue in a separate podcast later on. We're not going to cover that
today. As Tom was saying earlier, that's way too broad, and
I don't want to delve that deeply into the Supreme Court on this podcast
today. Instead, I want to make a
point here.
The Equal Protection clause continues to be in flux, just like all of
the other clauses in the Constitution are in
flux. And this is because the tension between the words of the Declaration
of Independence and the facts of the reality of the dynamics
between people of different races, different classes, and different
abilities has always been hard to navigate in a
country as bold as the United States. This is a bold
experiment, and we don't often
well, it's really hard to understand
how strange it is in other people's houses if you don't go
live there. All you see when you're in your own house is the mess that
you're surrounded by. You don't see how special it is
to hold the truths that were stated in the
Declaration of Independence as being self evident. To hold these truths as being something to
fight and die for, we must be able to acknowledge, and this is something huge
a Creator who is eternal transcendent and probably more
moral than us not probably more moral than us,
and will give us justice, by the way.
And the civil magistrate in our system, our republic, such as it
were, must acknowledge and be humble in the face of that
creator we just talked about, the Magna Carta. That was huge,
right? And when the government established by
flawed people no longer acknowledges a transcendent creator in
action, forget the lip service of words, which is what many
folks in our country are worried about today, that government
is well on its way to becoming tyrannical.
Because when there's nobody higher than Caesar
or there's nobody higher than the magistrate, what have you
got? And that tension
between the reality of what is actually being
walked out on the ground and the vision of the United
States may be too great, maybe too hard,
maybe too hard,
too tight for leaders to grasp and hold on
to.
This is also the spot where you get into
the idea, and Tom sort of brought it up, and I want to explore this
a little bit with him now of the leader
deciding what rules he's going to follow and what ones he's
not. So
let's start there. If I'm
leading people, forget a country that's too complicated.
There's 315,000,000 people in this country. Let me go on record, I never want
to be president, ever. Same, by the
way, ever. Zero interest in that office.
Now, mayor, mayor, mayor, town. I could handle
that. Look, mayor is a very easy job. You put up a light,
people yell at you in the local diner, and you go home. Are you
done? The mayor
of the town that I lived in, that I live in right now. In
Texas. I'll tell this small anecdote so I was
out last week with my wife and my youngest son, and we're
having dinner or whatever, and the mayor of the town
is in the restaurant, right? And he's sitting at the bar, he's drinking with whatever.
It's fine, I don't care. And I pointed him out to my son. Now
my youngest boy is six, so
I pointed him out to him. I was like, that's the mayor. Now, there's a
great book that I used to read to him when he was a little little
kid called Little Blue Truck. It's
a rhyming book, of course. And inside of Little Blue Truck, there's a character called
the Mayor until like, the little blue truck goes to the town and the
mayor rides around the back of the little blue truck and then stands up and
gives a speech. And you always say in the rhyming dog
oral of the story, the mayor
stepped out. That's kind of how I think of it. And
I kind of said that to him a little bit and he's like, oh, that's
the mayor. Anyway, so he got really excited about that because he's six, right? He
thinks that means something. It does for a six year old,
anyway, sitting over there and I'm eating and we get our food and
all that. And to make a boring story
interesting, not a long story short, but a boring story interesting, the mayor
walks over and shakes my hand and he
starts talking to me and asking me how work is going. And he introduces himself
to my wife and he's like, oh, and who's this young man right here? And
I was like, this is and I said my son's name and I
introduced my son to the mayor. And after he walked out, he looked at me
like, you've met a celebrity. That's what
you need right there. That's the level of civil
government. That's the heights I would like to hit. I don't want to be
president. I want to be mayor. I want to make some six year old kids
life happy for like 5 seconds, by
the way, just to go completely be completely transparent.
I did not vote for that gentleman, nor did I campaign for him.
But he's a fine guy. I don't have a problem with him.
The idea that
we can, in a
republic, hold our
leaders accountable, right,
and that they are not above the rules that they create is
critical and is crucial. But what's even more crucial
is, I think, how we actually
practically do that
and having the courage to be able to do that. So how do we have
the courage to be able to do that? Let's start with that because that's into
some other things. I think it's funny that you brought up your son, because
I think if you boil it down even further,
you got the rulers of countries, but then you
come down to the mayor, and then you got family units, right? Right. So if
you think about it, all the same rules apply, right? I'm
the dad, my wife's the mom, and we're not above the rules either, right? But
every once in a while, we break them. And if your kid calls you out
on it, you better have a pretty damn good answer as to why you broke
the rules. And then it gives you an opportunity to teach them
that. Again, like I said earlier, not every rule is
established to be a permanent rule forever and ever and ever until
the end of human existence. In the
leadership roles, there are times where you
simply have no choice, right? Like, you have a rule in
your company that nobody pays an invoice on time, right?
I don't know. I'm just making something up, right? So we have terms for a
reason, and they give us 30 days, and I want you to pay it on
the 31st day. I don't care what the whatever. And then
the owner of the company comes in and goes, no, this bill needs to be
paid, like, today, right now. But it says we have until
30 more days to pay it. It doesn't matter. Pay it right now. But you're
going against your own rule. I just need you to pay rent.
So if you're going to do that,
like our founding fathers, you have to have just cause, right? You have you have
to be able to refer to something that gives your employee
the the acknowledgment that they were
right to challenge you, that they were
right to ask you those questions, but you still need them
to do it, and here's why. But you need to be able to
you can't just say, because I said so, especially in today's day and
age, you can't just go to the employee and say, pay this invoice. Well, you
said that our company policy says this. I don't
care, I'm in charge. It's my company. Pay the invoice. That's the end of it.
Because I said so. I'm
assuming there are plenty of leaders that do that. The problem is you
shouldn't if you then say to that employee, you know what? You're absolutely
right, and I think maybe we need to revisit this policy,
but for now, I need you to pay the invoice anyway. Let me explain why
we have this upcoming blah, blah, blah. This company is going to be a
sponsor, but they're not going to be a sponsor unless we pay our invoice
quickly. Blah, blah, blah. I'm thinking of like, the hub spots of the world that
have these big conferences or whatever, right?
But I'm trying to fit it into a box
here for the podcast purposes, and
it could be a multitude of things. I'm just picking one that I think is
the easiest to explain. But the reality of it is
you as a leader have to know
going to that employee already and asking them to
do that, that you should. And here's the other thing, too. You
should expect them to challenge that or at least ask the question.
And if they don't, that's a different problem altogether, right? Like now you
have a different problem from your company's perspective, from a leadership perspective.
Well, there's dynamics between where does authority come from,
right? Yeah. We haven't really talked about that on this podcast, but
this is good because we've
determined you talk about larger structures and they're breaking it down
into like simple ones, right, like going from president to the family. Okay, yeah,
great. So I'm going to go from the west to individuals. Right.
In the west broadly, we've determined that authority comes
from and this is why we read books on this podcast comes from the
word that goes all the way down deep into the Bible
and other stuff that's all the way down deep. At
the cornerstones of Western culture, we
determine that words, language, speech, this is why freedom of
speech is a real thing, right,
that needs to be protected. And I'm not just talking about spoken
words, I'm talking about written words. Right. We determine that the written word
gives authority. Okay. After that, you can get
into all kinds of different things. Who writes the word? What kind of power do
they have? Yada. Yada. But the word is the thing. Okay,
well, if the word is the thing and then you're in a
family unit and you said the word and your kid
gets you and you've had this experience, you've been a parent long enough. I've been
a parent long enough where I've caught myself going, well, because I said so,
not okay,
you're going to wind up in a problem because what you're doing then
is then you're saying the word wasn't good enough.
And what you're doing is you're sliding in authority there. And there
are other cultures of the world that do operate off of authority, which is purely
just I said this and
I am the measure of that word. Right. But
we don't have that in our society.
I won't say we don't have that. We do have that, but we are struggling
mightily to push past that. And I think that's something
that is unique. You had a point. Well, no, I was just going to
say when I was a kid, I heard a statement that always made me
cringe a little bit because it lends
to the definition, right. So
they said to me, the difference between right and wrong is
the majority.
Think about that though, right? If the majority of people vote some
wackadoo in office, we're stuck with that president for the next four years
unless they try to impeach him, get him out of office. Which we all know
how well that works, but anyway.
Apparently how well it works not once, but twice.
Yeah, right.
To get back to when your kid calls you on the carpet
about something. As a parent, I learned very, very quickly. I
learned very quickly how to handle that, right? So
the first time my son did it and he's my oldest, first time my son
did it, I was like, I didn't know what to say. I was frazzled. And
I was like, Listen, you just got to do it. You got to do it.
I don't have time for this right now. You just got to do it, right?
Right? Then as I encounter this more frequently, I came
up with this thing saying, you're right. I'm glad you called me on it, but
I don't have time to explain it to you right this second. I just need
you to do it for now and remind me later, and we'll talk about it,
right? And then in my brain, I'm thinking 50 50 shot whether or not the
kid remembers to ask me about it.
If they don't, fine. I just let it go. And if they do, great. Then
we'll have a conversation about how things change things in
life, change your life's never going to be the same. Rules have to change. Go
with the flow. I have those conversations with them if they remember to ask
me. But anyway, that's a little off
topic for this podcast, I think. But no, that's
actually a really good tip for leaders. Like, you got to buy yourself some
time. Sometimes you're in a high pressure situation.
Sometimes
you need your word followed, right?
By the way, that also you talk about being a 50 50
shot. I think it's a 50 50 shot of whether or not
that kid trusts you enough to come back and
loves you enough to come back because you've done the hard work
before of establishing that relationship. But I agree.
Let's say the leader does that hard work. If you're doing the hard work of
establishing the relationship before you've established trust, now, that works
because now you got a baseline to work from.
But if you're new into a leadership role
and your options
are do what I told you to do because I told you to do it,
or what Tom's option is, which is,
yes, do what I told you to do right now. I understand we're in a
time crunch, but come back and talk to me later. Take
number two. And then I
would add on to that. Don't wait for them to follow up with you. I
was going to say that. Follow up with them. You go follow up with them,
because if you wait for them now, you're missing the opportunity
to build trust. And I would even say one step beyond that,
because you just preface that by saying if you're a new leader. I would say
regardless of whether you're a new leader or not, even if you're an established leader
who has trust built with that person, you should still take the initiative
to go back to them and do that anyway. I still
believe that. Now, one other thing, because I
wanted to touch on this. You kind of brought it up a little bit. We
talked about getting into equal protection.
The US. Constitution begins with the
statement, in order to form a more perfect union. I love
that, by the way. More perfect. Not we are perfect.
Not. We're kind of sort of okay. Not.
No, we're hanging out here. No, we're going to go towards more
perfection. These guys knew how
to set a vision, right? Yeah.
And, by the way, knew how to set a vision understanding the
fallibility of human beings and the frailty of human beings. And the
possibility that to Benjamin Franklin's point
after the Declaration of Independence came
out, when he was
asked by someone very famous, quote
or no, it was a constitution. After the
arguments about the Constitution have been concluded
in Philadelphia
when asked by somebody, what is it that you've got? You said, well,
we've got a republic if we can keep it.
They didn't think the experiment was going to hold together. They'd
be and I've held this position for many, many years,
I think Jefferson, Hamilton,
Franklin, Washington, I think all those old
boys, they'd be shocked that we got as
far as we did. I agree with that. I
think one thing, again you're missing. There was the
predecessor, the Constitutional Congress. They
thought that was all right. They actually thought that people were going to just
gravitate back toward that. That's why they
thought this was going to this experiment was going to fail, because they thought they
already had it. Right. Right. Exactly. As we know they
didn't. They did. Well, they did. Now the forward thinking.
But I think that we are also in this
spot where and we'll talk about this a little bit later on in
the podcast towards the end of our show today, but I think we're in this
spot where we're at the beginning of
a third founding, I think. And it's taken me a long time to kind of
get to this idea, because we're in one of those 80 year transitional moments that
happens every 80 years in our country where all the political
parties talk about being in Massachusetts, and there's only, like, 15% of you who are
Republicans and 85% of you who are Democrats. We're
in the midst of a transitional shift. The political
parties are shifting around. The culture is shifting around.
I see the two most recent Supreme Court decisions. And it's not just those two,
it's a whole series of Supreme Court decisions going back at
least ten to 15 years now, where
I think we are the generation and
I've actually been talking about this with a couple of people we are the generation,
I think, not the one that will see the next turn. We won't
live that long, but we're laying the foundation for that next turn to
work. And that's kind of one of the reasons why I do this podcast and
the way that I do it. It's why I read these books and talk about
this with Tom and the way that I do and other guest co hosts on
the show, because I do think that we're the generation that lays that foundation.
I think we're in the midst of that right now. I could feel something shifting
around in the cultural zeitgeist, and it might just be my own
delusion, I'll grant you that. It might very well be that. I might be delusional.
Everything might be going off the rails, and we might be entirely going off the
cliff, but I don't think so.
I think there's been something that's unstated that's going on in our culture right now
that we're we're kind of making a decision about which direction we're going to go,
and it's 315,000,000 people. And to
Tom's point about equal protection. So I want to close this loop on here because
I want to get his comments on this. Equal protection means equal
protection. We didn't get this
right from the founding, by the
way, in the Anti Federalist Papers.
They knew they screwed up on the slavery thing.
They knew they were not under any illusions that they
had somehow solved this problem. They just thought,
this is a fight we can't have right now, so we're going to push
it off for another day. Not maybe human beings will get better, not maybe
we'll be less fallible. We'll push it off for another day,
and at some point we're going to have it. Matter of fact, one
person in the Anti Federalist Papers
judge, he says
basically God deals out judgment and justice to nations, because
that's who God does that. Human beings don't do that. God does that. God deals
out justice to nations, and he will deal out justice to us
for this. And apparently all the Southern reps at
the Constitutional
Convention basically sat mute.
Interesting. Okay. They're like, oh, okay, yeah, it probably will happen that
way.
Right, yeah, you're right. But we don't care. Yeah, we don't care. What are you
going to do? What are you going to do? Let us go. We're going to
go right back to England. Then, like, South Carolina.
South Carolina? North Carolina. Carolinas would have gone back. They would have taken Virginia with
them, which at the time talk about Massachusetts. Virginia and
Massachusetts were the two sort of that was back when Massachusetts was more
connected to Maine, but they were the two kind of giant
lodestone, sort of sort of twin pillars.
Right? Which is why it's interesting that Joshua Chamberlain holds little
round top at Gettysburg against
the hordes from, interestingly enough, Texas.
Interesting, those Texas boys charged that hill multiple times.
Yes, they did. And they didn't get to the top
of it, but it was a miracle because his left flank almost
entirely, completely collapsed. And if it had
been, perhaps this conversation would be happening in a totally different
environment, equal
protection. Like you
said, you're an advocate for Native
American rights and Native American
justice. Obviously, there are strong feelings
about this. I'm an African American guy, right? I'm a black
guy. We're a black guy. To Native American guy having this conversation
both, by the way, not knocking the country, but in
praise of the country, right? How do we
as minorities navigate this tension? Because that's always the thing. It's that
49%, right? The ones who aren't the 51%, the ones
who didn't get recognized, right? The ones who weren't
maybe necessarily in the original promise. Martin Luther King Jr. Talks about this too,
but I'd be curious to know how do you navigate that tension
as a leader? Or how do you navigate that tension just in thinking about these
issues?
Yikes. Well, that's the second load of gun I had you
during the episode today. So here's an interesting thing,
right?
You might understand this better if I do it this way, right?
Okay. One of the things that I get very frustrated with,
and for those of you who are listening to here, you can't
see but if you're watching the podcast on the video, you can see that
in the Native community, I am what we call past for
white, right? So if you didn't know any better and you walked
by me on the street, you would just assume I was some Anglo Saxon
whatever, right? I don't even know, because quite honestly, I can't compare myself
to other people and say I look Italian or Irish or English or Scottish or
whatever. Honestly, I have no idea. I would take your word for it. If you
said I looked more Irish than English or English than French or whatever, I'd be
like, okay, because I really don't care, right? But
what I get frustrated on is when I have the conversation with people
and they before they know I
am of Native descent and we're talking for
some reason, somehow I get into conversations about Native either
culture or law or whatever before the
topic of who I am even comes up. Eventually they stop
me and they go, well, why is this so important to you? And I go,
oh, I probably should have mentioned I am Native. And they go, oh,
really? They really get puzzled when they look at me and they say that. And
I go, Why would you question that? I don't understand. Why
are we the only race in our country that
gets questioned about the validity of who we are? We're the only ones.
If you turned to somebody and said, I'm Dominican, they'd be
like, okay.
If you said I'm half Mexican and half
Nigerian, they'd go, okay. If you told
somebody that your parents both came from England,
so technically you're a dual citizen. You are also an English citizen, they'd
go, oh, that's cool. But as soon as a Native person says they're native. They
go, oh, really? Are you sure about that? You don't look native. How do I
know that you're Native? And it really baffles me about this, number one. Number
two. So I try to explain this to people in the best way I can,
which is your assumptions of what Native
people are or are not or what they look like and what they do not
look like are simply based on preconceived
notions. My guess is from Hollywood, right? Because
at some point back in the early days of Hollywood, native people
didn't even play our we didn't even play ourselves in movies, right? We were being
played by Italians and the spaghetti Westerns and all that other
stuff. Somebody had the idea, the foresight to say, hey, here's
an idea. Why don't we just go get some Native people and let them play
Native roles? But what ended up happening was they got the same
Native people to play every role in the Native community, which
means the guy who played a Navajo Code
Talker is the same guy that's playing Squanto, which is
up here in the Northeast, in Massachusetts. So now we're just
assuming that every Native look like Squanto and the Navajo Code
Talker, they all look like that. And the reality of it was
and I tell people this all the time, I ask people, this is my favorite
part. Let me get this straight.
Your concept or your idea, somebody that lived for
thousands of years here in the Northeast looks the same way as somebody who
lived for thousands of years in the Southwest desert.
Do you have the same idea or concept of Africa? Because if you
look at the continent of Africa, people that live in the northern parts of Africa
do not look the same as the people who look in the central parts of
Africa or the southern parts of Africa. There is
skin tone differences, there's facial feature, feature
differences. They're just not the same people. We
come to that conclusion, and we understand that, and we accept that, but we don't
here in the US. For some strange reason, we just have a hard time. Now,
mind you, my people come from here in the Northeast,
southeastern Canada, northeastern United States. We had pretty light
skin. We were covered nine months out of the year because
it was cold. And by the way, we had
just recently had an ice age, right? Yeah.
Our skin tones were not the same as the tones that you see
in the Southwest, which were a little bit darker, a little bit more bronze.
Again, if you take the continent of Africa into consideration.
So I say all that because I think that we get
discriminated on without people even realizing it. When
people treat me as if they just see me,
I don't like that. I don't like the fact that and you could talk
about whatever, privilege and white whatever, and they're like
because I've actually had people say to me, well, what do you care? It benefits
you, right? It benefits you that people treat you white or that you
look white or whatever, and I go, oh, contrem or FRE. No,
it doesn't benefit me the way that I want to be treated. It doesn't benefit
me to be treated differently than my expectation is or
to be treated I don't like it, right? So to your
protection on the law thing, you're not supposed to see lady Liberty
is blind or Lady Justice is blind, right? Like, we're not supposed to
see any of this stuff, so why does it still matter?
But it does. It still matters. And not only does it matter to us from
that perspective, but I referenced this earlier earlier here,
that the 14th Amendment didn't do anything for us, right?
It didn't do anything for us because we were not naturalized, and we were not
considered U. S. Citizens until 1924, which I also find
funny, by the way, because in 1924, they said, oh, we're gonna
we're gonna say that you're citizens, but
we're not gonna we we want you to be US. Citizens.
So everything that makes you native, we're going to take away from you. I.
E. The Carlisle schools and the boarding schools and all that other stuff, you
know, things like General general Sheridan saying, the only good Indian is a dead
Indian, or other people saying, you know, to to,
you know, to save the man, you have to kill the Indian. There's all kinds
of stuff out there like that. It wasn't until 1964
with the Native American Bill of Rights Act that we got some of those same
freedoms freedom of speech, freedom to due process, freedom. All that stuff came in
1964, by the way. One that was
excluded in that was the freedom of religion. That didn't come until
1978. So we weren't even
allowed to practice our own religion until 1978.
Again, this ties into that whole, like, more perfect
union, because you can go
minority group by minority group by minority group in this country.
And there is a litany of, to paraphrase from the
Declaration of Independent Independence, usurpations and abuses
that have been foisted on minority group after minority group after minority
group in our country, and yet
I am not aware of any minority group
yours, mine, or any others that's voting with their feet to go
someplace else. Agreed.
Right. Years
ago, when I was in college, years ago, an
African student, actually interestingly, from Sierra
Leone, he was kind of surprised that I knew where Sierra Leone was. So it's
like, well, it's not Morocco, so, yes, I'm aware of the geography of the continent.
By the way, africans, they have the same problem that you've got
oh, my God. You got people from Liberia,
and they'll yell about how they're not South African or Kenyan. Like, they're like, every
single person in Hollywood is Kenyan. That's not me. Give me a break
or Nigerians. Nigerian. Nigerians. Don't get me
started. Okay.
But I was having a discussion. He was like he asked
me, do you ever feel a need to go back to
Africa? And I said, go back. To what?
Like, I gotta ask an Irish person who's like third
generation Irish, do you feel a need to go back to Ireland? For what?
For Guinness and to kiss a bridge? What are we doing here?
Right? No, I was born here.
This is the place. This
is the Alamo, and this is it. This is the thing.
This is the whole thing. I don't know where else I where else
I would there's there's no place else to go. This is this is the this
is it. So I
well, case in point. We're
gonna we're gonna we're gonna further peel the onion
here with Tom a little bit on
this issue of Native Americans.
But we're going to approach it from a little bit of a different angle. Because
remember, I said it's hard to root for the bad guys and it's, it's it's
hard to hard to say something nice about the other side.
So we're gonna go to the hardest possible person to say something nice
about the friend of the show. Well, maybe not a friend of the
show. He's on a $20 bill. His name is Andrew
Jackson. If you
can't see the video, tom is smiling unironically right now.
Because after that entire thing that he just said, now I'm going to hit him
with Andrew Jackson. So let's go to the Gilder Lerman
Institute of American History. I pulled
this after some research. This is from the AP US.
History study guide. So this is AP us history. This is
what high school students are learning
about Andrew Jackson. I pulled directly from their
article. This is written by Matthew Warshaw, who is a professor
of history at Central Connecticut State University and author
of Andrew Jackson in Context, published in 2009. And Andrew Jackson
in the politics of martial law, nationalism, civil liberties and
partisanship. 2006. And I quote
directly from Matthew Washer. In
1860, biographer James Parton concluded that Andrew
Jackson was, quote, a most law defying, law
obeying citizen unquote. Such a statement is obviously
contradictory, yet it accurately captures the essence of the famous or infamous
Jackson. Without question, the 7th president was a man of contradictions.
To this day, historians have been unable to arrive at accepted conclusions about his
character or impact on the nation. Was he, as Robert Remini has
argued across the pages of more than a dozen books, the Great Leader and Symbol
of a Burgeoning mass Democracy? Or was Jackson merely a
vainglorious bully with no vision for the nation, reacting in
response to his own sensitive pride, as Andrew Burstein
and others have insisted? There is much that one
can look at in Jackson's life when attempting to arrive at conclusions. In
particular, his relationship with the law and. Constitution offers significant
window into his worldview. Whether it was illegally declaring
martial law in New Orleans, invading Spanish Florida, and executing British
citizens, removing federal deposits from the bank of the United States, or questioning the
supreme court's authority in Worceschester versus Georgia, jackson acted
in a manner that was at times distinctly illegal, yet widely hailed by supporters as
being in the nation's best interest. And before we conclude that this support
was partisan banter bestowed by his own
Democratic Party, we must remember that historians and
legal scholars to this day have wrestled with the larger ideological and constitutional meaning
of Jackson's beliefs and actions. One thing is certain
jackson had no qualms about overstepping the law, even the Constitution, when he
believed that the very survival of the nation required it. Moreover,
this perspective remains at the very heart of the debate. In a post
911 America, the essential question stands can a
leader violate the law in order to ultimately save
it and the nation?
Jackson's ideological conviction about the flexible nature of the law and the
Constitution in the face of dangers confronting the still fledgling nation can be seen in
many subsequent Jacksonian battles. When President
Jackson confronted the bank of the United States in 1832, he did so with the
belief that it was a corrupt fiscal monster threatening the nation's
economic security. He not only vetoed the bank's recharter, which was within
his right as Chief executive, but went a step further by removing federal deposits
even after Congress had deemed them safe. Jackson transferred one
Secretary of the treasury and fired another in order to secure the deposit
removals. His actions were questionable, if not completely
illegal, and the Senate censured him by making a notion, a notation in
their journal. They didn't attempt impeachment for lack of
support. Other legal conflicts surfaced.
Jackson allegedly defied the Supreme Court over Worcesterster versus
Georgia 1832, announcing, and
I quote, john Marshall has made his decision.
Now let him enforce it. Close quote.
The case revolved around Georgia's attempt to apply state laws to Cherokee
lands. The court had ruled against Georgia's authority to do so, and
Jackson, dedicated to Indian removal, allegedly challenged
Marshall. Although there was little evidence to support the above quotation, it
certainly sounds like Jackson. Nonetheless, the case required nothing of
Jackson and was ultimately settled out of court. The fact remained,
however, that in this case and in McCullough versus Maryland, 1819,
when it was ruled that the bank of the United States was in fact constitutional,
jackson challenged the court's authority as the final arbiter. As
President, Jackson believed that his authority to deem what was constitutional
equaled the Supreme Courts
there's a couple of core things in there, and
like I said, I'm poking tob on this a little bit. This may be the
first departure on the podcast that we have.
I think
Jackson was a flawed man, just like anybody else.
I think that he was a human being just like anybody else. I
think he had his good days, and I think he had his bad days, and
I think he probably had more bad days than good days. I also think that
he was a man of his time. He was not a man
of 2023. He was a man of the
19th century.
The core question here, which is raised in this piece
about Jackson, is can a leader violate the law in order to ultimately save
it? And the nation?
Does does a
does a does a president in our system, does the executive
have a right, or have the or should
the Executive have the temerity to
tell the Supreme Court where to go if
they don't want to do something?
We haven't never resolved this tension. And to Tom's
point, the issues that were brought up in Worcesterster v.
Georgia that specifically related to Georgia's attempt to apply state law
to Cherokee Lance could have been resolved by presidents before
Jackson. But the can was kicked down the road
until it eventually met an immovable
object known as Andrew Jackson's. Will
we live under the Constitution? We don't live under a monarchy,
but sometimes we have leaders who behave as if they were monarchs, from mayors
and governors to legislators and presidents.
The civil magistrate under the Republican form of government has the right to
choose to ignore the leader, follow the leader, or even, in the
case of the south, rebel against the leader.
I'm not going to ask Tom, what should we
think about Jackson? I think he's going to tell us that anyway.
Instead, what I'm going to do is ask Tom,
how do you put a leader, like, in the Jacksonian
mold? How do you keep him in the box?
How do you wrangle that guy?
Because you talked about well, talked about the chiefs. Right. I
want to go back to this. I want to draw the parallel. Right. So you
talked about how the Founding Fathers borrow the idea of a tripart government
from Native American culture. Okay.
How often did those chieftain women
run across a chief who was just like, yeah, that's cute?
I think you have to talk about some foundational things first. Right. So
again, you're talking
1870 ish 70
somewhere around there? 75. When
Franklin took his Cohorts up to the Honda
Shoney people, the Salagi down in the
Carolinas in Georgia, you're talking 50 plus
years later. I think there's some things you need
to have your listeners understand
if they don't already, about that environment down
there. Right. Number one, which was so
Jackson was first elected in 1929 sorry,
18 1829. Right. 1829 to 1837.
I believe he served two terms. So in 1829, his
first course of action was not to go right
after them. Right, right. His first course of action, believe it or not, was
relatively civil by comparison. He essentially
dissected the Cherokee of the Salehi people
into four essential chief hoods
and then convinced the chiefs of those four
that their old ways weren't good enough, that they needed to
act more like the government they were dealing with, so
that they were in principle.
They. Were basically led to believe that they could not operate that way
anymore. Okay, then
they were convinced that the whole concept of land
ownership again, you got to remember, natives didn't have the same concept of land ownership
until they did. And Jackson was the one who really
pushed that onto the sale
people. Well, it wasn't just the sale, too, by the way. It was
choctaw. And there was a couple of other tribal affiliations that were in there. So
I don't want to exclude them, especially if any of my
brethren and arms are of those nations. So I do
recognize it was not just the Selagi, so please forgive that part. But anyway but
this particular case was specifically the Selagi that they
divided into these four chiefs. Chiefhoods
Jackson convinced three of those chiefs to basically
just give up and sell them the land and become
part of the Cog and all that other stuff.
That's part of what Worcester v. Georgia was about.
Not all of it, but part of it, which was, we should not have
enforced this land ownership on them, and we're basically forcing
our ways and thoughts onto them. And Jackson was like,
well, this is the way we're doing it because this is now part of the
United States. Because if you remember, at that time, they had already moved a little
bit westward. It was like
assimilate or die kind of mentality. But
Jackson didn't present it that way. Right. Jackson presented it in a way that
said, we're going to make them feel like they're part of us, and then we're
going to push them out because we're going to just take the land and we're
going to give them fair market value. We're going to do the whole eminent domain
thing. And there was all this it was
like a Monopoly chessboard. It was like Monopoly, but not like
there was not payment, but not so now the
Salagh are split today into two bands. You have the Western
Band Cherokee that are in Oklahoma. That's where the Removal
Act was putting them. But you have the Eastern Band Cherokee that stayed in North
Carolina. They basically said, you want us, come get us. You want to take us
off our land, you come get us off our they pulled an Andrew Jackson on
him. They said, yeah, that's all well and good that you think you want to
do this now? Come get us. And he just couldn't he couldn't muster the
support, the strength, the physical
ineptitude that it would have taken to remove them from the hills of North Carolina
because, well, let's face it, they knew the hills better than they did.
They were never going to catch them. They were never going to grab them, move
them, whatever. So they just gave up after a certain amount of time, I believe
it was 1850, where they just said, forget it, we're just going to leave them
be where they were, which is essentially when that whole
trilaters movement ended, was 1850. Right. So it went
from it signed 1830. It was
not really enforced for a few years because of all the
back and forth in courts and all that stuff. And that whole settlement, quote, unquote,
out of court, that was the settlement that I'm talking about, where they
just basically convinced the other three chiefs that you own this land now,
and we want to buy it from you. There's this thing called eminent domain, so
you don't have a choice, but we're going to try to give you and by
the way, we're going to give you the same equity land out in a nice
neighborhood out in Oklahoma. I know you haven't seen it, but trust us, it's really
nice. It's Oklahoma.
I don't want to knock any listers from Oklahoma, by the way. It's a fine
state. It's fine. Oh, yeah. No, I liked right.
I lived in Nebraska for a while, not Oklahoma, but to me, they're never
mind. Anyway. We'Ve already
irritated enough people. But
then in the same breath, they were like, oh, and by the way, we're going
to pick up some of your brethren on the way. So it's not just you.
We're going to take the whole lot of you and we're going to give you
your own. This is going to be yours. He just
basically bullied them into it, but
that's what the settlement was. So he
wanted John Marshall to go ahead, and you said this was
unconstitutional. Good luck to you to try to stop me from doing
it anyway, because he knew he was going to do it. He knew he was
going to be able to do it. He knew he was going to succeed in
it. The part that I have a problem with, too, and we could talk about
Jackson Moore or whatever, but I still have a problem with
the guy who comes after him, has an opportunity to
stop this nonsense because John Marshall already said it was not
constitutional, and he didn't. So Martin Van Buren just said,
I'm just going to go with it. I was going to go with the flow.
I'm just going to let it happen. It's already in process, so
there's no point in stopping it. Right. So this is
leaders do this all the time, though. You get a really strong
personality. I've read some things about
Jackson not deeply, but I've read some things about him.
Guy was, I mean,
well, let me put it to you this way. He was the
kind of guy who would duel on a regular basis. Yeah.
And he had no problem shooting another dude in the street.
He was just going to take you out. Right. And I think
people, even of his time underestimated how much of a
I believe the modern term would be thug, how much of a thug he really
was. And it's sort of this
dynamic of, oh, gosh,
this is a long way around, but it doesn't matter. I was reading a review
of Charles not a review, but I was reading
the biography, a biographical sketch that was written about an author named
Charles Portis who wrote the book True
Grit back in the day. And he just recently
passed away. And the person was
describing I got to look it up and find it. But the person was
describing the character Maddie
Ross in True Grit. And the way that
Maddie Ross was described
in the article and I'll bring it up here in just a minute kind of
relates to Andrew Jackson. Like, occasionally you will have
leaders, I think about leaders in fiction, right.
Most notably, maybe the leader in the father in the show
Secession. Right. Which is really just King Lear, but in reverse.
Right. You'll have those leaders who
are just. So.
Morally single minded. I'll frame it that way. That's
kind of the best way to sort of think about it, right?
Morally single minded. Yeah.
You get a person like Jackson who comes along
and here's the quote. I wanted to get it. It's from the Point magazine.
It's called old Weird America. I was just reading it. The thing about Charles
Porter basically or try not Charles Porter, sorry, Charles Portiss, the
author of True Grit, basically saying that he could never have had a career
now because we don't like weird things like everything to be commodified and
corporatized. But the line in here that's really genuine,
that applies to Andrew Jackson is this and
he's describing Maddie Ross. He says, Maddie is an irresistible force in a
world of pushovers who have mistaken themselves for removable objects.
Okay, that's a great line. That is a great line.
And you think about it, that's
Jackson. Like, we tend to think of people in
the early 19th century in America as being rough and ready and
pilgrim. But there were just as many weak people and
pushovers there as then as there are now. And Jackson
just realized that he was in a world full of
pushovers for his time. And they
think that they're removable objects like the Supreme Court. He
looked in Marshall's face and he took his measure and he found him wanting.
He just did. And I think he did that to a lot of folks.
But you do have strong leaders that are like that. Usually it's the
founder, right? The Steve Jobs type or even the Bill
Gates type. But then the guy who comes in behind you,
what's his name? Balmer and Microsoft
or Tim Cook winds up not
being that person. And so you saw that in the transition
from Jackson to Van Buren. But
that does get me back to my original thought, which thank you for providing the
context for our listeners on the Trail of Tears, and we'll discuss more of
this when we talk about burying My Heart at Wounded Knee. We're going to get
into that in the upcoming months on the
podcast. We're going to read that a little bit further down the
line because I really do want to delve into that very deeply and pull
some of that apart, because I do think there's valuable lessons for leaders in there.
Plus, it's just history that doesn't get talked about nearly often enough.
How do you keep a guy like that, who's that irresistible
force, how do you build struck if they're not even
going to pay attention to the word, right? If you've got chiefs who are just
not even going to pay attention to the old ladies, what would happen if a
chief didn't pay attention to any of the old ladies?
How are they going to move him? Well, that's a
grown man. How are you going to move that grown man? Are you going to
get go, other grown men to move that grown man out? Essentially, yeah.
Okay. All right. You got to
remember, too, we were a matriarchal society to begin with, right?
So that chief would not have argued that.
I'm not suggesting that there was nobody who thought of themselves as
an immovable force, but
that version of a check and balance was
legit. Because think about this, right?
The women that are coming to you are your wife's
mother's or your wife's mother, your wife's aunt,
you have to go to sleep sometime. You're sleeping in the same bed as this.
I'm sorry, but I'm only going to push
so far with that scenario because I want to wake up the next morning.
I don't want to wake up saying, a two brute, whatever,
right? Which, by the way, Julius Caesar's wife did try to keep him from
going to heading on
down to the Senate there. She knew.
But anyway.
Plus the other thing, too, that I think that we take for
granted sometimes I see this a
lot, especially in court, right? So you see
this in court all the time. You have opposing counsel, right? You have these
two people. They're on opposite sides of this fight.
Not to get too personal, but I've been through a divorce, so I'm speaking from
experience here. My divorce attorney, I want them to hate that
other divorce attorney. I want them to try to win. I want them try to
fight. And then I go outside and I see them going out for a drink,
and they're hanging out, and I'm like, what the hell,
right? So
there's a weird dynamic that happens in our courtrooms and in our Senate, in
our House, where they'll battle each other. They'll
throw stones at each other. And I swear to God, once those doors close and
the public isn't looking, they're all chumming it up
because they have to put on a show of something for their constituents,
but I just really get the feeling they don't care about us as much as
we think they do or we want them to. And I think that's kind of
back to your point. It was harder to see at back then,
right? So Andrew Jackson gets elected president, and he's like, Finally, I made it.
Hey, look, my I made it, right? Like I'm here now. No one's going to
knock me down because I'm just going to do whatever I want. And I don't
care what the public sees, because quite honestly, we don't see anything back then.
Took us six months to get a letter to California, whatever.
Whereas today's, day and age, we think it's a little different.
We think it's a little different because the age of social media, access to information
so much faster. But quite honestly, I still don't think they care.
I don't think they care as much as we think they do or as much
as we want them to. Well, and that's the separation between the
politics of leadership and the
actual act of leading. Yes.
Right. Those are two separate things, which also must be separated from
a third thing, which is the act of making
law. And we mix those
three things up together and we think that those three things are removable
objects. I'm going to close
or maybe put the ellipsis on this episode, because
we're at the end here. I'm going to put an ellipsis on this episode. I'm
going to put three dots at the end,
and in going towards those three dots, I'm going to quote from
Proverbs 23. Some wisdom, by the way, from one of the
wisdom books in the Bible.
23 one, actually. When you when thou I
love the thou's, when thou sittest to eat with a ruler, consider
diligently what is before thee and put a
knife to thy throat. If thou be a man given to appetite, be
not desirous of his dainties, for they are deceitful meat.
I think that's pretty good advice. And then
Proverbs 24, verse one, be not
thou envious against evil men, neither desire to be with them, for their
heart studyth destruction, and their lips talk of mischief.
I think that's a good place to put the Ellipsis.
I want to thank Tom for coming on our episode today.
Coming back to our episode today. Hopefully we'll see him next
month. Going to go offline, see if we've driven him
off. Nah, he'll be back next month.
We'll be getting into more of some of the topics that we've discussed
here. The role of the civil magistrate, the role of the Constitution and
leadership. And what is all this mean for
people in the midst of our third turning, I
think, amidst the beginning of something that's happening in
America. Once again, thank you, everybody,
for listening to the leadership lessons from the Great Books podcast. With
that, we're out.