For those in the audience paying attention, it will not be a surprise to hear the American empire is decaying before our eyes. A horde of hedonistic bigots inhabit the halls of power, this has always been the case of course. However, the fascists roaming the White House have taken their proverbial clothes off, they are naked, and it is not a pretty sight. Previous administrations cloaked themselves in a veneer of civility. Though as the economic conditions continue to break down, the façade becomes more difficult to maintain. The social contract will completely break down. The record should show that the United Healthcare shooter, which the state alleges is Luigi Mangione, was the person who repudiated this unspoken contract.
On the morning of 4th December 2024, CEO of UnitedHealthcare, Brian Thompson was fatally shot outside the Hilton Midtown in Manhattan, New York. Thompson was set to address an investors conference at the hotel that morning. The CCTV footage of the shooting depicts a calm, practiced assailant approaching Thompson from behind. Law enforcement recovered both spent shell casings and unspent rounds with the words “delay”, “deny” and “depose” inscribed along the side. These words presumably referencing a book, detailing the issues with the American for-profit insurance racket, titled Delay, Deny, Defend.
While empires begin crumbling at the edges first, collapse usually comes from within. I may address the global condition of the US empire and the behaviours that lead to collapse in a later post should I have cause, though this piece is concerned with the domestic social dynamics in the imperial core presently.
Theoretical framing
The social contract refers to the acceptance of the state’s authority by the masses. It is important to note the state operates on behalf of the wealthy owner class (ruling class or establishment). The dominant social group sacrifices a certain degree of liberty, at the behest of the ruling class, in exchange for perceived safety, predictability and the maintenance of the status quo (Rousseau, 1762). The dominant social group in an American context is the white middle and upper classes. Those outside this group are not generally afforded the benefits of this arrangement and thus are not a party to the ‘agreement’ despite being subject to it. This perceived safety and predictability is achieved via the violent enforcement of the rule of law (Gamble, 1984).
Legal scholars often like to postulate about political and civil rights or the dignity of man when discussing the rule of law; this is idealistic at best and an insidious lie at worst. In practice, the rule of law is about governance and regulating behaviour for the conservation of order. Punitive deterrence has proven ineffective, yet it is still the state’s chosen method; all stick, no carrot. The Fifth and Fourteenth Amendments say nice things about liberty, due process and equality under the law; however, these concepts are incompatible with private property rights (property rights). You may have as much justice as you can afford.
The rule of law is largely concerned with the protection of property rights. Property rights refer to the enclosure of nature and resources to the exclusion of others (Moore, Grafton & Griggs, 2020). This has come to include all things essential to human life, from agriculture to medicine; you may only acquire access for a fee. For most the fee may only be paid by selling their labour time. A servitude the ruling class would like you to believe is consensual, voluntary and for your own moral good (Marx, 1867).
This dynamic can be fragile; people are as compliant as their bellies are full, hunger is uncertainty. When employment opportunities dry up, social cohesion begins to dissipate, and the state will abandon due process in a desperate attempt to maintain control.
Luigi Mangione and Brian Thompson
The use of the term ‘contract’ in the phrase ‘social contract’ is colloquial in nature, however, the arrangement is analogous to a contract at law. Law generally is the codification and design of, in many instances, certain human relations and a legal contract is no different. In a general sense a contract is an agreement between two or more parties to fulfill specified obligations. For a contract to be enforceable at law, six essential elements must be present: offer, acceptance, communication of acceptance or awareness, capacity and legality (Thomson Reuters, 2024). Contracts may be terminated for: performance, agreement, breach, force majeure, repudiation, etc. Only parties to an agreement are entitled to repudiate. The aforementioned parties to the American social contract are the ruling class with the white middle and upper classes. This is why the killing of Brian Thompson is unique.
While Brian Thompson, former CEO of health insurance company UnitedHealthcare, may not necessarily be a direct member of the ruling class he certainly represented their interests. Many refer to CEOs as the professional managerial class, though the line between the two can be blurry. Whatever the case may be, many view Brian as a proxy for the ruling class, committing social murder on their behalf, implementing barbaric yet profitable claims processes.
The white ostensibly upper-class representative is Luigi Mangione. Mr. Mangione is entitled to the presumption of innocence (emphasis added), however, law enforcement and the state apparatus have arbitrarily determined his guilt prior to substantiating this claim in court. For our purposes Mr. Mangione’s actual guilt is immaterial, the state’s belief in his guilt has cemented his position in this story, scapegoat or martyr.
The act of killing Brian Thompson in this context signifies a rejection of the contract; only further confirmed by the widespread support Mr. Mangione has received since. In Mr Mangione’s own words: “this support has transcended political, racial, and even class divisions”. The people have had enough of the for-profit system that harms them, cognisant or not. The establishment recognises this, and they respond in kind with excessive charges and the threat of the death penalty. However, the bell cannot be unrung.
The shooter’s behaviour is incongruent with American cultural expectations; the system is accustomed to and accepting of certain types of violence. Top-down violence is essential to the functioning of capitalism. Brian Thompson himself could be viewed as an extremely violent person, murder committed in white gloves is murder just the same. Bankers, lawyers and businessmen are all merchants of death in their own ways. Police violence is encouraged and commonplace, as is the violence of war.
Violence between members of the working class and other marginalised groups is also expected and acceptable; it is even acceptable between members of the ruling class, however, violence coming from below against the ruling class is not tolerable. The US ruling class has enjoyed relative political stability arising from the social contract, by sharing a small fraction of the spoils gained from imperialism with the dominant social group. Overcome by greed, they have stopped sharing and need to be reminded again of why they should. People often raise school shooters while questioning the federal pursuit of the death penalty for Mr. Mangione, seemingly unaware of the dynamic detailed above. Class analysis is not a skill liberals really possess.
Due process, ICE and Palestine
This case must also be viewed in the wider context of civil disobedience arising from the Palestinian genocide and more recently the ICE deportations. The settler colonial project called Israel is existential for the American empire, without a proxy in the middle east the petrodollar would cease to exist. The internal resistance to this endeavour has made the ruling class desperate and, in their desperation, they have resorted to severe repression, limiting speech and unlawfully detaining supporters of Palestine.
The Trump administration relied on racism during the election, taking advantage of the existing cultural stratification and economic suffering. In the few months since, ICE has begun deporting people without due process to slave camps in El Salvador, against the orders of the court.
It stands to reason the establishment would like to treat Mr. Mangione in the same fashion, however, Mr. Mangione has far too many invested supporters despite the state’s best efforts. We may only hope the trial of Luigi Mangione will expose the arbitrary application of the law as marginalised people have experienced it in the US since its inception and that this knowledge will cause people to take direct action in opposition. Whatever the result may be, things are changing quickly and there is no return.
Be brave, be loud, reject racism, end genocide, stop deportation and free Luigi.
References
*Australian Sources listed are relevant to the American context as applied.
The Constitution of the United States. https://www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm
Rousseau J.J. (1776). The Social Contract. https://www.earlymoderntexts.com/assets/pdfs/rousseau1762.pdf
Gamble H. (1984). The Role of the Rule of Law. Australian National University. https://www.austlii.edu.au/au/journals/AUCrimPCF/1984/28.pdf
Moore, Grafton & Griggs (2020). Australian Real Property Law 7th Ed. Thomson Reuters.
Marx K. (1867). Capital vol.1.
Thomson Reuters. (2024), The essential elements of a contract. https://legal.thomsonreuters.com/blog/the-essential-elements-of-a-contract/
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