A House Divided Cannot Stand

March 3, 2020

Trump’s base thinks they can make America great by kicking out people they don’t like, people with different heritage, faith or color. Yet the evidence is that there are more and better jobs available in communities with more recent immigrants. A larger economy creates jobs and opportunities. It needs more goods and services. By contrast the effort to get rid of people is what economists call a deadweight loss. Deadweight because it is costly but produces nothing. We accomplish more working together than working against each other.

America’s great accomplishments have all come from making it easier to work together. Even before the Constitution, the states gave each other’s citizens all the “privileges and immunities” they gave their own. Sadly, they left most African-Americans in slavery, but they created a common economy to take advantage of America’s size and scale. The Constitution tightened and enlarged those promises. A single economy gave us the resources to do what a great nation must do and do well.

Before we could adopt what were called internal improvements like roads and canals, we had to learn that jealousy beggars us all. Projects wouldn’t pass without spreading the benefits to the vast majority of us. The Washington Administration designed the first American financial system. The Jefferson Administration purchased the Louisiana territory from the French and built what they called “the national road,” connecting the seaboard with the Ohio River valley. Steps like that laid the foundation for America to connect the oceans and stave off the European powers that still kept land and garrisons to our north, west and south.

The Civil War threatened everything but for the fact that Lincoln kept the British from intervening on behalf of Confederate cotton, and he kept the Union together.

American power solidified after the Civil War made ours one country, ended slavery, and Lincoln signed, in 1862 alone, the transcontinental Railroad Act, the Homestead Act and the act that built the great land grant universities, which together laid the agricultural, commercial, industrial and intellectual basis for America as the dominant twentieth century power.

We can’t have a great nation by fighting among ourselves. We can’t maintain national infrastructure by jealously keeping others from the benefits. We can’t maintain a great educational system by fighting over whom to keep out. We can’t continue to grow and prosper by jealously excluding each other from important national institutions. As Lincoln told us, “A house divided cannot stand.”

Armed ethnic, religious and racial animosities threaten American power and success. We’re all threatened by domestic terrorists who target people because of the color of their skin, the words and language they use to pray, or where they came from.

America’s strength has always been Americans’ ability to work together. Our major institutions understood the importance of cross-cultural cooperation. The U.S. Army worked to unify soldiers with different heritage, faith or color and who spoke different languages so that all could work as a team. Corporations unified their workforces, capped with ceremonies in which new Americans stepped out of what were labeled melting pots. Major sports leagues learned to take advantage of talent regardless of where it came from. Schools taught each new wave of Americans about democracy and gave them the skills to participate in our government and our economy.

It’s time that all Americans get with the program for the greater good of all of us – including any orange-Americans.

—This commentary was scheduled for broadcast on WAMC Northeast Report, March 3, 2020.

 

 


Heaven in Hawaii

November 11, 2019

We were out of town most of last month and the trip back took three separate flights, all the hassle of traveling by plane, and more than 24 hours from leaving my wife’s cousin to walking into our front door. We’re still recovering from the time difference, the lack of sleep and the heat wave in heaven.

Yes, I’ve been to heaven and back and made interesting discoveries. First, some locals call it HaVaii – no W in the sound. In heaven, there are people from all over the world, down under and up top, east and west, all the continents and colors, many of whom speak six languages and everybody smiles. Yes it’s possible to pull a muscle even in heaven but when I fell two men rushed to help me – one had ancestors in Africa, the other in Europe – and both were lovely, wonderful men, determined to get me back on my feet.

Strange things happen in heaven. Mark Twain thought it very strange that human beings assume that everyone will play the harp in heaven though most wouldn’t be caught near one on earth. Perhaps equally strange, my wife got me into the ocean. I hadn’t done that in decades since our children were small. I had good memories of the Atlantic near West Palm but I forgot about the surf in Jones Beach and it played with me like I was a toy. When my wife tried to help me, it knocked us both down.  One more thing an aging reader and sitter like me has to relearn – how to face the ocean, stare it down and charge.

Life is so different in Hawaii from the constant patter from Washington about race, color, ancestry and who the heck is better than everybody else. Hawaii is proof that life can be lovely. Except that so many people, and worse, builders and hotel magnates, have made that discovery that they have changed the climate. One of our taxi drivers told us how lovely the climate was on the hill behind Honolulu. And my wife remembered it from a trip half a century ago – though we were clearly a couple by then we came home from Iran at different times and by different routes so I missed seeing Hawaii before there were clouds in heaven.

A photo of my wife was taken in D.C. with a frame that said “citizen of the world.” That is what peace means – that we are citizens of the world and recognize the same in others, treating others, all others, like we ourselves would like to be treated, the Golden Rule, or loving our neighbors as ourselves, another biblical formulation.

I’ve had that pleasure before – on the mall in Washington the day Martin Luther King told us about his dream, or in the offices of the NAACP or the legal services program, in the company of many of this area’s great folk singers, former Peace Corps Volunteers, or sometimes just on the streets of New York where people have learned to live and love together, and among other dear family, friends, colleagues and neighbors – I’ve been lucky enough to live and work largely in supportive environments. It’s a wonderful feeling, to see the love without having to watch your back. It spells peace in many languages, and heaven too.

Even heaven isn’t perfect. There are justified complaints about the way those with native Hawaiian ancestry have been dispossessed of some of what should be theirs but it’s still a joy to see the way people live and work together. On the way out, I had a chance to interview two African-American women who’ve been working there, one a military officer, and they confirmed the rewarding pleasures of living and working with people there.

There’s so much more to enjoy in the islands than beaches and breezes, luaus and leis. You’ll find great examples there of the spirit that made America great.

  • This commentary was broadcast on Nov. 5, 2019, on WAMC/Northeast Public Radio

Democracy Needs Generosity

January 22, 2019

What’s wrong with our politics is its too common don’t-tread-on-me selfishness.

“What’s-in-it-for-me” politics in the early republic held up roads, canals and other internal improvements for decades until we learned to share. Democracy needs some generosity.

After 9/11, Congress passed appropriations for local safety and security. I spoke with a former congressman from this area about New York City’s share. He responded about his district’s various rural areas. I pointed out that the people in his district had important ties to New York City – family or friends there for jobs or schools. Others with close business ties. He responded that he hadn’t thought of that. Frankly that’s what’s wrong with our politics. We need to think about what binds us together instead of what splits us apart. And yes, even the subways New York City depends on. If we starve the subways because it’s there, not here, we starve ourselves; and vice versa.

The same connections are true of our ethnic, racial, religious and gender groups. Some hate paying for anyone else’s schooling. Yet it’s even costlier to clean up after or imprison people who’ve never been given the tools to pull their weight in society.

Should God forbid equalizers like Social Security or Obamacare, though they’re cheaper than the costs imposed by inequality?

The alt-atrocious white supremacists would give us a war of all against all, which makes only corpses and refugees, leaving no one safe – not supremacists, minorities, family, men, women or children.

Since Revolutionary America, colleges kept inviting broader, more diverse groups of students in order to sustain themselves. Industry learned production required people working together regardless of language or faith. Commercial firms learned that lesson to sell their products. The military learned that successful missions required soldiers to support each other regardless of color, origin, language, faith or sexual orientation. Whenever diversity looked problematic, it ended by strengthening American institutions.

America IS great, not in spite of diversity but because of it. Our ideals have led Americans to work well together. The lesson of brotherhood has been our great strength.

Meeting and introducing my classmates to an African-American Olympic champion who won four medals in front of a fuming Hitler did me no harm. Befriending fellow law students from every faith and continent hurt none of us! Just the contrary as we became comfortable with and learned from each other. Perhaps the biggest lesson we all learned is that both lovely and nasty people come in all colors, cultures and tongues.

Climate change, terrorism, threats of war, and economic collapse truly threaten to embitter our lives. Pulling together will be essential to combatting them. Prejudice is a distraction and an obstacle. No children should be left behind. We all have to take care of each other. From federal workers to the homeless, we all have to take care of each other.

Remember President Kennedy’s call: “Ask not what your country can do for you; ask what you can do for your country.” Some of what we do has to benefit others. Without sharing the gains, there may be no gains to share.

The second President Bush turned Kennedy on his head. He wanted us to counter terrorism by shopping. Bush’s vision was victory without blood, sweat, tears, money or sacrifice. After all we’re number 1. But that’s a fantasy. People unwilling to take pains for the benefit of America and its democratic inheritance cannot enjoy its gains.

It’s broader than that. We must care about the welfare of the European Union, Mexicans, Hondurans and each other, or reap the whirlwind.

— This commentary was broadcast on WAMC Northeast Report, January 22, 2019.


The Violence of Bigots; the Devil’s Pox on the Skin of America

November 6, 2018

October ended painfully: an anti-semitic attack in a Pittsburgh temple killed eleven; a racist attack at a Kentucky grocery store killed elderly African-Americans. Though hundreds of miles from here, friends and colleagues had losses. Close friends were married at that Pittsburgh Temple.

We missed the Sunday interfaith memorial in Albany but joined the Monday gathering at Temple Gates of Heaven in Schenectady. Approaching it, I saw friends who’d been Peace Corps Volunteers. Our job had been to extend this country’s hand of friendship to peoples abroad. Now we shared the pain from prejudice at home.

Schenectady Clergy Against Hate organized the memorial for a standing room only crowd, to share our grief for the dead, the injured, their families, and our country. The Clergy Against Hate consists of many denominations of Christian, Jewish, Islamic and eastern faiths, all of whom mourned the losses and stood for a world of love and concern. Minister Jonathan Vanderbeck, of Trinity Reform Church, told us “We stand against hate and oppression,” adding “that really carries throughout all our religious traditions.”

Our country included people of multiple faiths, origins, and languages from its founding. America’s revolutionary armies included free and enslaved Blacks, as well as Jews who had first settled in the colonies under the Dutch.

The Founders described America as a beacon shining a path from wicked, murderous hate elsewhere to an enlightened place of brother- and sisterhood. A “hundred years war” had scourged Europe in the 14th and 15th centuries. Thirty years of religious war devastated it in the seventeenth century. A global seven years’ war reached us as the French and Indian War. America’s Founders struggled to protect us from the killing, unifying us into one enlightened country, where we could learn to live with and benefit from each other.

Even before the First Amendment prohibited any establishment of religion or interference with each other’s freedom of religion, the Constitution made three references to religion, reading “no religious test shall ever be required as a qualification to any office or public trust under the United States”[1] and providing for a secular affirmation as an alternative to each provision for an oath.[2]

The Founders welcomed and encouraged immigration in order to people the continent. Most understood freedom and human rights as universal. Prominent members of the Constitutional Convention led anti-slavery societies. Southern insistence on slavery postponed the extension of freedom to all until the Civil War, after which the opening words of the Fourteenth Amendment were “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.”

Think about the importance to America of that commitment to universal human rights. By coming here, immigrants from all over the world not only shared the effort and ingenuity that built our country, they showed by their presence that others could see themselves in America. Feeling that bond, civilized countries repeatedly allied with us to protect their freedom and ours. America helped create the European Union in order to bury centuries of warfare among European countries, uniting historic adversaries lest they fight again, and pull us into yet another World War. America led in developing international institutions and alliances which project the power of American ideals to protect us and much of humanity.

Racists claiming to represent the real America, are instead ripping out the veins and arteries that power our country. They’re doing the devil’s work to destroy all that has been great about America.

So don’t forget to vote – we’ve got work to do.

— This commentary was broadcast on WAMC Northeast Report, November 6, 2018.

[1] Par. 3 of Article VI.

[2] Art. I, §3; Art. II, §1; Art. VI, §3; and the 4th Amendment.


The Sacredness, and the Uniqueness, of Brotherly Love

July 17, 2018

The ethnic slaughter in so many parts of the world – Kenya, Myanmar, Rwanda, Sudan, the former Yugoslavia, the “troubles” in Ireland, Ukraine, the blood shed at the separation of Pakistan and India – make the uniqueness of American anti-discrimination rules stand out both for their moral high ground and for their protection of human life.

They provided a way to live together in peace, even if getting there has been difficult. They provided a beacon, a light to the world, on living together. Conceived in part as a city on a hill; America was to light the world with our example. Indeed it has. That strong belief in the equality of mankind and the welcome to people from all across the globe has always been attractive.

The Enlightenment in Europe was largely about the idea of equality and learning to live with people despite differences in religion and diverse origins. America was founded on that Enlightenment ideal and, while never quite satisfying its own ideals, to an appreciable extent lived it. In the colonies, after the Revolution and until modern times, the U.S. has welcomed immigrants. Protestants, Catholics, Jews, Muslims and other faiths were here from the Founding and helped build this country. It is an experiment both in peacefulness and in the Biblical injunction to love thy neighbor, to do unto others as we would have them do unto us. It has been a religious enterprise, a nation building enterprise, and an enterprise in foreign affairs for which this nation has been justly celebrated.

Until now.

Would Ireland, India and so many other places have escaped their rivers of blood had their colonial rulers sought to bring people together in fairness, and ruled from the moral high ground, rather than striving to divide that they might conquer? To imagine is to wish for them the brilliance of the American solution.

America has brought peoples together for centuries. Public schools were conceived to bring together rich and poor, and they were soon called to bring together boys and girls. The military and large businesses made it their mission to bring people together across ethnic, religious and language boundaries that they might have unified armies and a unified workforce. Businesses created Americanization programs from which immigrants emerged proud Americans. Teddy Roosevelt told America that nothing brings men together like the military tent. Even racial prejudices have been receding in the face of integration – this nation has been celebrating African-Americans in music and the arts from the beginning of the twentieth century if not before, in sports especially since Jackie Robinson joined the Dodger lineup in 1947, and in many other areas since as having colleagues, bosses, employees, neighbors, friends and even spouses from different communities of race, religion and ethnic identity has become much more common. This march toward realizing the promise of equality has been going on for two hundred fifty years. Much of America has been shaped by that march, by its progress, by its moral growth.

Nothing has been more American than reaching out – in private groups and NGOs that have provided services abroad, and in government groups like the Peace Corps, US AID, Volunteers in Service to America, programs to acculturate immigrants here, provide the tools to leave poverty behind, and bring people from all cultures together in our schools and businesses.

Nothing has been so attractive to the world, as the fact that people everywhere could see themselves in us. It is a great heritage, a bulwark against all the beasts of the world; we must not forsake it.

— This commentary was broadcast on WAMC Northeast Report, July 17, 2018.

 


Brotherhood

April 25, 2017

In the height of the Civil Rights Movement we used “brotherhood” to express our quest for more than tolerance, but for closeness as one human family. I’ve never found a gender-neutral term for that feeling, so I continue to use it but in a gender-neutral way – we are all family, cousins, a part of one community. As John Donne famously wrote in 1624, “never send to know for whom the bell tolls; It tolls for thee.”

Given the waves of hate crimes since the election, I’ve been thinking about brotherhood. This country is built on brotherhood, on sloughing off the ethnic, religious and physical prejudices our ancestors all brought from their old countries. By now those prejudices seem irrelevant. Many of us intermarried and were welcomed in new families. A friend told me that Bahai do it intentionally to bring people into the faith, though he was truly smitten and has a loving marriage. Most of us just happen to fall in love and old prejudices seem quaint and silly.

But brotherhood matters. Many of us watched the shredding of Yugoslavia. An exchange student from Belgrade was living with us, beside herself with grief and anger at the destruction of her country. Some had predicted Yugoslavia would explode once Marshal Tito died. But many intermarried, traveled among Yugoslavia’s regions, and young people, like our visitor, thought of themselves as Yugoslavs. But it came apart, viciously, in a blood bath of what was called “ethnic cleansing.”

Americans like to think America is and will always be ingenious, hardworking, neighborly and welcoming; that’s us – we’re the best. But many of us understand that virtues have to be nurtured, not assumed.

Early in the last century, President Teddy Roosevelt predicted “the military tent, where all sleep side-by-side, will rank next to the public school among the great agents of democratization.” The draft brought people together who had lived geographically, religiously, ethnically or racially segregated lives. As men returned from war, they introduced each other to sisters and friends, integrating families and communities. But the political strains of war in Vietnam ended the draft. Ben Downing recently urged national service on this station but we have nothing that compares with the reach and impact of the draft.

Racial segregation was made much worse by federal officials who required banks to redline cities and suburbs against loans to African-Americans no matter how strong their financial status. That left segregated school districts. Many of us still try to make our schools “great agents of democratization.” But racially homogenous student bodies make integration difficult or meaningless, and courts have made it worse.

Sports and entertainment still reflect integration. I once told Jackie Robinson’s widow how much it meant to grow up rooting for her husband. Black faces have been on national television as long as I can remember. My mother screamed with joy when William Warfield came out on stage and announced he would sing Old Man River. And I’ll never forget the sound of Marion Anderson’s voice when I heard her live. I’ve only caught glimpses of Oprah Winfrey but bless her influence. Familiarity, like minority newscasters and public officials, helps to diffuse prejudice and fear.

The Southern Poverty Law Center and the Anti-Defamation League rely on litigation to put racist groups out of business and catalogue hate groups, warning us about their activities and sharing strategies to extend the warm pull of brotherhood.

Other groups try to bring people together, to meet and appreciate each other, like the Interfaith Alliance, individual churches, temples and Muslim Community Centers, who invite people to meetings and festivals. We’ve often broken bread in the Muslim community.

But nothing matches what the draft and schools once did for so many of us. We need better ways to advance peace, justice and brotherhood.

— Most of this commentary was broadcast on WAMC Northeast Report, April 25, 2017.


The March in Albany

January 25, 2017

This weekend was busy. The New York Civil Liberties Union, the National Lawyers Guild and others trained people in nonviolence and to serve as observers for the Women’s March on Washington, including a couple of training sessions at Albany Law.

Saturday I joined the Inaugurate Resistance March here in Albany. People joined the crowd from every direction, walking toward the planned start of the march. With so many people it was long before I saw anyone I knew. State Senator Neil Breslin commented to me that a march of this size had never happened in Albany. The only numbers I’ve heard seemed much too conservative – this was really big.

I saw speakers and marchers from women’s groups, Citizen Action, Upper Hudson Planned Parenthood, the Coalition Against Islamophobia, labor unions, religious leaders, community service groups, gay rights groups, and many others.

Eventually I ran into friends who’d served in the Peace Corps, or been mainstays of activism in this area. I got close enough to the rear of the platform to see the back of speakers’ heads.

A common theme was solidarity across all the causes we each primarily work on. United we stand and can protect each other. Divided we fall; we’re all vulnerable separately. All for one and one for all.

When John Dunne wrote the immortal lines, “Ask not for whom the bell tolls, it tolls for thee,” he wasn’t whistling dixie. Our welfare is bound to each others’:

  • Slavery to northern workers was both morally indefensible and a threat to their own livelihoods.
  • Sweatshops bring down everyone’s paychecks and safety.
  • Minimum wages affect everybody’s wages. It’s about whether some people can take advantage of other people, and us.
  • Abuse of women threatens our families and our children – do I have to count the ways?
  • Abuse of any of us – racial minorities, immigrants, gays, lesbians and the trans-gendered, any of us – threatens all of us.

Treating people like trash threatens us all – by example, not to mention their business, their support for us, and the damage to all of us of making some people desperate – desperate for jobs at any price, desperate for food, clothing and shelter for themselves and their families, at any price. Desperation threatens everything and everyone.

The folks at the Inaugurate Resistance March got it. We celebrated our inter-dependence and we cared about each other. I like to quote the ancient Rabbi Hillel who asked the people, “If I am only for myself, who am I?” In that crowd I enjoyed the reaffirmation of our mutual concern. Need I point out for the doubters that a major reason for our country’s success was our ability to work with each other – it matters that we see each others’ humanity, brotherhood and sisterhood.

But that cannot be enough to deal with the blowhard in Chief. The Tea Party’s example was its organizing. Their targets were primaries to take over the Republican party and publicity to take over the public agenda. Obviously it worked. And it will work for liberals too.

It must. Obama’s election was a major step toward a just, decent world. The blowhard-in-Chief is poised to take the brotherhood of mankind apart. It’s our job to make that fail, never to be resurrected, and drive its proponents out of American politics. It’s our job to keep in touch, stay united, publicly push for a decent America until the racist blowhards are sobbing in their caves. We’re the majority and we’ll make OUR muscle felt.

— This commentary was broadcast on WAMC Northeast Report, January 24, 2017.


Postmortem

November 15, 2016

I feel like I’m in mourning. The presidency has been taken by a con man and we all deserve better – those he’s duped as well as the rest of us.

  • Trump was “elected” by an “electoral college” system designed in the 18th century to protect slaveowners by augmenting their votes with 3/5 of their slaves.
  • He was “elected” by a Court unwilling to protect the voting rights of all American citizens.
  • As in 2000, when Al Gore won the popular vote but George Bush became President, the 2016 popular vote went to Mrs. Clinton. President Bush proceeded to make colossal mistakes in foreign affairs for which this country will spend a century paying.
  • Trump was elected with the votes of people who had suffered financially over the past two decades – but they voted for the very people who refused to lift a finger to provide jobs, people who don’t believe government should do anything, including good and important things, and for whom blocking anything Obama wanted to do was more important than helping fellow Americans. With Republicans benefitting from that cynical and deceitful strategy they are back in control of Congress. Good luck to the coal miners, autoworkers, steelworkers and others – they’ll need it.
  • We will now have a dirty old man in the White House as a “role model” for the worst behavior toward women.
  • And his rhetoric threatens to take apart the signal achievement of America – our mutual respect across faith, national origins, class, race, and counting – an achievement central to the status and future of the very people who voted for hate.

I am worried, crestfallen and embarrassed. What is there to do?

First, I have become a supporter of Supreme Court term limits. Rehnquist spent 34 years at the Court, Stevens 35, Scalia 30 and Thomas has been there 25. Erwin Chemerinsky, widely respected dean at the University of California at Irvine School of Law wrote:

The idea is that each justice would be appointed for an 18-year, non-renewable term. A vacancy thus would occur every two years. Vacancies that occur through resignation or death would be filled by appointing someone to serve the unfinished part of the term.

That way the Court would not be dominated by political decisions made decades ago.

Second, I would not confirm any new justice until there is agreement to reverse the decision that allowed states to monkey with their election rules to disenfranchise voters, and until there is agreement to adopt one of the mathematical rules that precisely measure gerrymandering, the level of favoritism to either party – known as symmetry or wasted voters. Some will object that those decisions are for the justices. Nonsense – the appointments clause is the political check and those decisions put the justices’ prejudices ahead of self-government and assured Republican victories, roles no judge should be playing. Those decisions were partisan, self-serving and should be ruled unconstitutional.

Third, we need to get across to people that refusing to vote because there is someone else we like better is a very bad choice because it has very bad consequences. In a democracy, to live and work together we have to be willing to compromise. It’s part of the deal.

Finally, we need to organize. 2018 is two years away and Congress will be at stake again. True patriots don’t give up.

— This commentary was broadcast on WAMC Northeast Report, Nov. 15, 2016.


Professor Paul Murray’s class on the civil rights movement

May 9, 2016

Paul Murray went South as part of the Civil Rights Movement. For many years he has taught a course on the Civil Rights Movement at Sienna College and taken high school and college students on trips to see places made famous by the struggle for freedom and equality.

Professor Murray, Paul to many of us, is retiring soon. This year’s class on the Civil Rights Movement has been his last. For the last session, he held a discussion of whether the Civil Rights Movement had succeeded or failed. Just three students thought it had been a success. Paul asked why. Students brought up discriminatory policing, the impact of putting so many Blacks in prison for behavior that would not get whites prosecuted let alone incarcerated, and the extent to which Blacks still go to schools segregated by zoning and other boundaries, understaffed with fellow students who mirror their own economic backgrounds and skin color.

Gradually Paul got the students to drill deeper –hadn’t some things changed for the better, where and for whom? Elementary schools changed less than colleges and universities. Housing patterns are more segregated after the emergence of white suburbs and wealth is still very skewed. For one student, her very existence depended on the Civil Rights Movement when the Supreme Court held states could no longer ban intermarriage of whites and Blacks.

My wife commented that the world is different from what it was when she grew up in the South or even when we moved into Albany in 1979. African-Americans do many things they couldn’t then. Out shopping and dining years ago we’d just see African-Americans working as busboys and janitors. Now we see them as waiters, hosts, and salespeople. We work alongside African-American professionals, lawyers, businessmen and faculty. And when we came to Albany the city was still geographically and politically divided by faith and national origin in a way that has long since passed.

Another woman commented that being white is actually a step forward for many whites in the room, who grew up knowing that our own groups were discriminated against. Somehow all those ethnic and religious differences no longer separated good, helpful, valuable people from anyone else, and we’re all much richer for it.

The Civil Rights Movement made a difference to all of us, Black and white. A law professor years ago wrote a book about the African-American contribution to the First Amendment.[1] Much of the improvement in Americans’ sense of brotherhood was also forged in the Civil Rights Movement.

But don’t count on it. We had an integrated federal bureaucracy for half a century after the Civil War until President Woodrow Wilson drove Blacks out of the civil service. We had integrated restaurants and theaters in the South before the Klan terrorized southern Blacks, taking advantage of Supreme Court decisions that what happens in the South is no business of Congress and federal prosecutors.[2] The Supreme Court in our own time has called a halt to integration, repeating its 19th century backsliding. The schools and criminal justice system are still failing Blacks.

I don’t know how long it will take. Visitors to Paul’s class had spent their lives working for justice and we all have to keep working for it. I want to believe that our work and social relationships will gradually drive racial justice in the same way they drove the integration of ethnic groups and the gay rights movement. It’s been harder and slower regarding race but we will get there, thanks to people like Professor Murray.

— This commentary was broadcast on WAMC Northeast Report, May 3, 2016.

[1] Harry Kalven, The Negro and the First amendment (Chicago: Univ. Chicago Press, 1966).

[2] C. Vann Woodward, The strange career of Jim Crow (New York: Oxford University Press, Commemorative ed., c2002) (1955).


Why Neither Party Can Back Down on Garland

April 12, 2016

Why is blocking the Garland nomination to the Supreme Court so important to them that most Republicans won’t even meet with him let alone agree to hold a vote? Many probably think it is about gay rights and abortion. But there is much more at stake for both parties.

After the Civil War, a very different Republican Party was anxious to secure voting rights for African-Americans. They explicitly addressed the voting rights of the former slaves in both the Fourteenth and Fifteenth Amendments and addressed it by implication in several other clauses as well. Those Republicans, committed to freedom and equality, understood that if the states of the former Confederacy could exclude African-Americans from voting, the former secessionists could retake southern government. Even more important, southern control of the House of Representatives would be strengthened, because the former slaves would count as full and equal human beings in the census and therefore in the apportionment of seats in the House. If that greater southern representation could be controlled by the white secessionists without Black votes to contend with, the former secessionists would control Congress.

Republicans have now switched positions. They still want to control Congress by controlling who can vote, but now by excluding everyone except white voters and undercounting everyone except Republicans. The Court has given them the power to do that. First, the Court chose George Bush for President, stopping the count of the actual votes in Florida. It refused to subject gerrymandering to any legal standard, even though there is now a very precise formula defining the extent of gerrymandering. It has taken the lid off every measure that descendants of the former Confederacy can impose to prevent African-Americans from voting, opening the polls only when it is difficult for them to get there, moving polling places to make them harder to reach, and requiring documents for registration that are costly in both time and money to obtain. That’s the dictator’s game where the officials choose the voters instead of the voters choosing the officials. It shreds democracy. It seems it is all the Republicans have left. And if choosing their voters turns out to be insufficient, the Court has unleashed the flood of corporate treasuries on politics and undercut labor’s ability to survive as a counterweight.

Choosing their voters, and controlling political money to favor Republicans are their biggest motives for wanting to control the Court – it protects their seats and their control of states and Congress. But there are other motives. The Court has shredded the protections of ordinary citizens in product liability, fraud and breach of contract cases. It has shredded the responsibility of Republicans’ corporate friends in antitrust liability and responsibility for securities fraud. The Court has become the major enabler of corruption, a giant kickback to friends of Republicans.

If one adds Republican preference for the conservative justices’ attack on abortion and gay rights, and their defense of school segregation, the Court has defined virtually the entire Republican agenda, its social agenda, its attempt to subordinate democracy to their dominance, and its cozy relationship with corporate America. It gives the rest of us very strong reasons to stop them and to get the Court back in support of democratic government, especially taking back the Court’s blessing for legally converting a vocal minority into national rulers. It’s time to stop them in the name of democracy.

— This commentary was broadcast on WAMC Northeast Report, April 12, 2016.

 

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