Schwerner, Chaney, Goodman and the Voting Rights Act

November 25, 2014

Yesterday, President Obama posthumously awarded the Presidential Medal of Freedom to James Chaney, Andrew Goodman and Michael Schwerner, a Black Mississippian and two white New Yorkers, murdered fifty years ago, working to register Blacks to vote in Mississippi. They were among many who lost their lives in that struggle.

Schwerner’s widow, Rita Schwerner Bender, said the best way to honor her husband “and all the others killed or injured in the struggle for voting rights and the dismantling of Jim Crow would be the reinstatement of the Voting Rights Act and its aggressive enforcement.”[1]

At the last hearings on renewal of the Voting Rights Act, witnesses made clear that efforts to rig the process against African-Americans continue unabated, moving polling places, changing district lines, reorganizing forms of government so that Blacks could still be excluded. Because the Voting Rights Act gave the United States Attorney General power to reject changes, those efforts had not succeeded.

In Shelby County v. Holder,[2] Justice Roberts used the Act’s success against it, saying it is no longer needed because the statistics are better. Pamela Karlan, a highly-respected Stanford Law professor, told Congress:

“ if you have a really bad infection and … the doctor … give[s] you a bunch of pills, and … tell[s] you, ‘Do not stop taking these pills the minute you feel better. Go through the entire course of treatment because, otherwise, the disease will come back in a more resistant form.’ … [T]he Voting Rights Act is strong medicine, but it needs to finish its course of treatment, and that has not yet happened … [as] you have heard from other witnesses. ”[3]

Those other witnesses made clear that the efforts to undo electoral integration continues almost unabated and would come roaring back if allowed. The Court stripped the pre-clearance provisions from the Voting Rights Act and the disease came roaring back just as Prof. Karlan predicted.

Should we care about African-American voters? Absolutely. Morally, they’re people like us. Democracy has no right over peoples denied the vote.

And for our own self-interest. Martin Niemöller said of the Nazis:

First they came for the Socialists, and I did not speak out—

Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out—

Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out—

Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

 

As Bruce Bueno de Mesquita and his colleagues explain, the power of dictators is built on shrinking the number of people to whom he or she owes her power, and then rewarding those folk big-time.

You have no stake in southern white racist politics. If you’re Democrats, you have no stake in Republicans winning by excluding African-Americans. In Congress and state legislatures, people of good will are allies. We cannot win on the nonracial issues important to us if we allow our African-American fellow citizens to be excluded from the vote.

Those who wrote and ratified the Fourteenth and Fifteenth Amendments understood that having won the Civil War they could lose the peace if African-Americans could be prevented from voting in the former Confederate states.  We all have a stake in a society where all are represented because that is our chance for a just society in which government is not just of, by and for people who think they’re better than the rest of us.

— This commentary was broadcast on WAMC Northeast Report, November 25, 2014.

 

[1] Jerry Mitchell, Presidential medal to honor 3 slain civil rights workers, JOURNEY TO JUSTICE, The Clarion-Ledger, November 18, 2014, available at http://www.clarionledger.com/story/journeytojustice/2014/11/10/presidential-medal-of-freeom-given-three-slain-civil-rights-workers/18826791/, or http://on.thec-l.com/1ugJ0pp, visited Nov. 24, 2014.

[2] 133 S. Ct. 2612 (2013)

[3] Statement Of Pamela S. Karlan, in The Continuing Need For Section 5 Pre-Clearance, Hearing Before The Committee On The  Judiciary, United States Senate, One Hundred Ninth Congress, Second Session, May 16, 2006, Serial No. J–109–77, S. Hrg. 109–569, at 5.


War on What – Crime or the Poor?

November 18, 2014

Many of us realize that sending troops abroad can be counter-productive. Our boots on the ground in Iraq and Afghanistan led many to take up arms against us. To them, we were the invaders.

See if this analogy fits. We don’t have data everywhere but what we have is telling. The Rutherford Institute, which bills itself as “A non-profit conservative legal organization dedicated to the defense of civil, especially religious, liberties and human rights,” told the U.S. Supreme Court recently, that “the most common justification cited by New York City police for stopping individuals was presence in a ‘high crime area’” and “an additional 32% of stops were based on the time of day, and 23% of police stops were for an unspecified reason.”[1] Read the rest of this entry »


I don’t get it

November 11, 2014

I don’t get it. Political scientists tell us that the advantage of democracy is that the elected officials have to act for the benefit of most of the people. And if they don’t, they lose.

So the Republican Administration of George Bush delivered war, torture and economic disaster – and the Republicans then lost the White House. But then the Republicans calculated that if they could prevent Obama from delivering any benefits, they could take over. They went on the campaign trail saying that Obama failed because he hadn’t forced them to pass what he wanted, and at the same time telling the public that he had done a great deal of damage by doing everything he wanted to do. Never mind the contradiction.

But lots of people seem to have bought it. So how’s democracy supposed to work?

All over the political spectrum people seem to be voting against their own interests, convinced by nonsense that what hurts, helps them. Hard-working people who don’t make a lot of money vote for tax breaks for the wealthiest Americans. Businessmen vote against investment in critical infrastructure they use daily.

The electoral process looks tribal to me. Science, expertise, experience, all get reinterpreted by who’s who supporting what. If Princeton economists support policies that help the poor, then those policies must be bad and must not support “me” – because my interests differ from the interests of the poor. Remember I’m middle-class. I couldn’t share the interests of the poor. Increase in the minimum wage? Forget it; I’m on salary. By the way who’d you say buys my stuff? Couldn’t be we’re all in this together!

Well most of us. See “I’m” on the side of the billionaires, even though they make infinitely more than me and won’t share a penny – that’s why they pay for so many lobbyists to squeeze the last penny out of the government, and stiff me all the way. That isn’t supposed to happen in a democracy.

Except that the plutocrats – ok that’s the old name – the super-rich, the 1/10 of 1%, or fewer, the oligarchs – cut the bottom out of the voting booths by making it harder and more expensive to vote, and by splashing money at the media and the commentators ‘til it sticks or just confuses people so they stay home – so our oligarchs can control the political system for themselves.

Will the people fight back? The damage is all over the legal spectrum. Patent and copyright law? Forget the artists and inventors. Minimum wages? Forget the workers. Infrastructure? Forget the people who drive or ride – the super-rich fly private jets or live abroad. Forget the small business that benefits from infrastructure – the super-rich got their breaks for businesses so big they don’t need to worry about regular folk – they own the markets. Taxes – guess who gets tax relief while the rest of us are left with the bill while the super-rich make noise about deficits? Wonder why we have those!

Are we letting democracy sink that low? Sounds like the dictator’s game – shrink the electorate and lavish huge benefits on your supporters.

— This commentary was broadcast on WAMC Northeast Report, November 11, 2014.


Management and Politics

November 4, 2014

Whenever something goes wrong, politicians demand someone get fired. If the Democrats are in charge the Republicans demand someone get fired and vice versa. There’s an Ebola outbreak in Africa and one person treated in a Texas hospital died, so fire the head of the national Center for Disease Control in Atlanta![1] Ambassador Stevens was killed in Benghazi so it must have been Clinton’s fault.[2] It’s easy to strike a pose of moral outrage, blame and action – fire so and so; it was on her watch. But then what? Read the rest of this entry »


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