Wilhoit’s Law

But, Man, You Should Hear Him Play!

How do we best define modern conservatism?

Well, it’s been done.

“Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.

“So this tells us what anti-conservatism must be: the proposition that the law cannot protect anyone unless it binds everyone, and cannot bind anyone unless it protects everyone….”

This brilliant quote is often attributed to Francis M. Wilhoit, a renown political scientist, who died in 2010.

The problem is, the quote appeared in 2018. It’s from a different Frank Wilhoit, a composer- yes, a musician, we’re everywhere, dammit- and in a blog post, to boot. (Musicians say this kind of shit all the time, but people who listen to us don’t hear us.)

Still, it went viral, and is now known as ‘Wilhoit’s Law’ and the elder late Wilhoit is credited.

Sorry, Frank, we feel for ya, but, really- great job! Great quote! High five! Where are you playing these days?

Profundity is as profundity does. The statements are no less impacting because composer Frank wrote them rather than political scientist Francis M. I mean, I’m sure Francis penned some great stuff, but, can you dance to it?

Anyways….

Back to those ‘laws’.

They describe two realities- the first, that conservatives absolutely view the world this way, as identity politics figures heavily in all of their policies and statements, and the second, the immutable truth of the law itself.

Now, it bears noting that the original Republicans, who coined and defined the term ‘conservative’, would have mourned Wilhoit’s first statement, and cheered his second. The original GOP was in no way based on naming out-groups, and in fact, was founded on freeing one- the slaves.

We keep saying nobody is above the law. But, nobody is beneath it either. As the second quote says, if everyone isn’t protected and bound by the law, then no one is.

But, modern conservatism is not Lincoln conservatism. Republicans long ago abandoned that, under Nixon, when his Southern Strategy’ welcomed the racist Dixiecrats into the GOP. Since then, out-groups it is.

Trump’s behavior screamed that he wanted the courts and the law to protect but not bind him. In fact, he employed the grandest possible example of it, running for president because it would protect him from the charges and, in winning, he has made them disappear. The ultimate in-group, the law has protected but not bound him at the highest level on the planet.

Then there’s the constant assailing of Hunter Biden- that he should be jailed for minor and unproven crimes- which also screamed that they wanted the law to bind Hunter and not protect him.

Yes, I’m saying that when you commit forgery, election fraud, insurrection and espionage at the top level of government and publicly get away with it you are so very, very much in the ‘in-group’.

And, when you have tax charges you already repaid, drug abuse issues and a weapons charge that practically no one is prosecuted for and you find yourself in front of both a judge and a Congressional committee looking to charge you with serious crimes they appear to be making up out of whole cloth, then you are absolutely, definitely in an ‘out-group’.

So, Frank is right. That’s exactly the way this works.

What’s that? How can it be so cut and dried?

What am I not telling you?

Well, these quotes are also associated with ‘The Travesty of Liberalism’, which you would think is a book that the quotes are taken from, but it can only be found as blogs by others, and not by either Wilhoit. It seems to be part of a self-flagellating wing of the left, casually and flippantly criticizing liberalism and socialism and trying to make it sound like they’re both the same and wrong. ‘You just don’t get it, man.’

Anyone can quote something profound and sound all smart and shit but that doesn’t mean they understand it.

So, the consummate quote on conservatism and the verity of the law, phrased as ‘anti-conservatism’, a quote that literally defines liberal equality, was used as part of a journalistic meme debunking liberalism. It even suggested that liberalism doesn’t exist at all, and that progressivism is just loonies ruining liberalism for their own gain.

In other words, there’s a river of hogwash around this philosophical gem.

But, make no mistake- it is valid and profound. We see Republicans bearing out the first quote all the time, and the second is as obvious as gravity.

The law can’t be fair if it chooses who to protect and who to prosecute by anything other than actions that took place, the law, and the circumstances involved.

It is, in fact, so profound that one would think it’s from the 1930s, during the rise of fascism. But it’s pretty recent- 2018. Go figure.

The first line is the way it’s been throughout most of history all around the world. Even the USA has run that way. We’re just now finally getting around to seriously looking at who the conservative’s ‘out-groups’ are, and what their ‘in-groups’ have been doing to keep the board tilted.

Unfortunately, it’s taken the installation of the worst, most criminal presidency in history to make us realize it. We’re way late in the game, here, folks.

While there are many ways authoritarianism can manifest, fascism is unique in that it is completely reliant on Wilhoit’s first law. It names and blames out-groups as a unifying strategy. It warps the law to protect party members.

Trump has done only and exactly that, naming enemies for his base to hate, naming cronies to cabinet positions and placing judges beholden to rule in his favor.

It’s all coming to a head, with a wider awareness of LQBTQ+ rights, systemic racism. misogyny and rampant inequality- ‘out-groups’ are revealed being bound, and ‘in-groups’ are getting caught being protected.

Case in point, two black people in different states were arrested, convicted and sentenced to 5+ years in prison for voter fraud, after casting provisional ballots in 2020 - a single vote each that was not counted, cast on the advice of election personnel. They did not know they were ineligible, and election workers told them they could vote.

Meanwhile, a half dozen or so people across three states were caught red-handed casting ballots for dead relatives. None of them received any punishment. They also happened to be white males who had used that dead relative’s ballot to vote for Trump. And, it appears, that vote may even have counted.

The law most certainly bound but did not protect these minority people who were misled into casting an improper provisional vote. And it absolutely protected but did not bind the white people who actually cast fraudulent ballots.

And, with Trump’s incoming ‘administration’, Wilhoit’s Law will be applied like never before. ‘Out-groups’ will be anyone who opposes Trump, anyone he doesn’t like, and anyone who gets in his way. He has promised to use law enforcement and even the military to punish them. He has named this out-group ‘the enemy within’.

And, in-groups, of course, will be his friends, well, he doesn’t actually have friends, but, the billionaires and media who support him and the CEOs who benefit from pandering to him.

It’s already quite clear- the law does not bind Trump, nor does it protect us. Trump will use the DOJ and the courts to bind us and protect his own. This is his planned reality.

As axioms go, Wilhoit’s Laws are strong ones. And they apply to us today in the most serious way. Moreover, the second statement is a logical extension of our founding document.

In fact, it says it even stronger- all are created equal- under the law. It must equally bind and protect all of us.

Wilhoit’s Law - it’s not just a good idea. It’s the law. Well, kinda. It’s like more of, you know, a warning……. and a hell of an axiom!

Seriously, let’s remember what he called them in the quotes- propositions.

I mean, conservatives are sure following the first part. They base their entire dogma on the naming of out-groups.

It’s that second part that eventually catches up with you. The pendulum will swing back to democracy and the rule of law.

All autocracy is self-deprecating and ephemeral, and evolution blends cultures, negating in-group/out-group tactics, so, ultimately, equal protection is the only viable choice.

When that kicks in, conservatives ain’t gonna like it.

(Thanks, Frank. This one’s a hit! Now, let’s get it on the air!)

c.2024 Cousin B