“The Fundamental Right To Vote”: Second Judge Strikes Down Wisconsin’s ALEC-Inspired Voter ID Law
A Dane County judge has declared Wisconsin’s American Legislative Exchange Council-inspired voter ID law unconstitutional, making him the second judge in one week to block the law’s unnecessary burdens on the right to vote.
“The people’s fundamental right of suffrage preceded and gave birth to our Constitution,” wrote Dane County District Judge Richard Niess, “not the other way around.”
The judge rebuffed assertions by Governor Scott Walker and legislative Republicans that they possessed the authority to impose new burdens on voting. “[D]efendants’ argument that the fundamental right to vote must yield to legislative fiat turns our constitutional scheme of democratic government squarely on its head,” he wrote.
“A government that undermines the very foundation of its existence – the people’s inherent, pre-constitutional right to vote – imperils its legitimacy as a government by the people, for the people, and especially of the people. It sows the seeds for its own demise as a democratic institution.”
The case was brought by the League of Women Voters and tried by the law firm Cullen, Weston, Pines & Bach.
Judge Niess’ decision comes less than a week after a Wisconsin State Court judge temporarily enjoined the same voter ID law — Act 23 — on grounds it likely violated the state constitution, but only until that court could hear a full trial. Niess’ decision, also decided under the Wisconsin Constitution, permanently invalidates the law. Governor Walker’s Department of Justice says they will quickly appeal the decision.
Voting Protected by Wisconsin Constitution
Article III, Section 1 of the Wisconsin Constitution provides that all state residents who are U.S. citizens and over age 18 may vote, and Section 2, according to the decision, “authorizes the government to exclude from voting those otherwise-eligible electors (1) who have been convicted of a felony and whose civil rights have not been restored, or (2) those adjudged by a court to be incompetent or partially incompetent, unless the judgment contains certain specifications.”
According to Judge Niess, Section 1 and 2 provide the exclusive basis for creating laws that implement the constitutional requirements for voting. “The government may not disqualify an elector who possesses those qualifications on the grounds that the voter does not satisfy additional statutorily created qualifications not contained in Article III, such as a photo ID,” he wrote.
“By enacting Act 23’s photo ID requirements as a precondition to voting, the legislature and governor have exceeded their constitutional authority.”
Wisconsin passed Act 23 in May on a contentious, party-line vote. Four lawsuits challenging the law have since been filed. Wisconsin Republicans assert that the law should be upheld because the U.S. Supreme Court decided in 2008 that Indiana’s relatively similar voter ID law did not violate the U.S. Constitution. However, two of the four lawsuits are challenging Act 23 under the Wisconsin Constitution, which unlike the U.S. Constitution expressly protects the right to vote. Wisconsin’s voter ID law is also more strict than Indiana’s, and evidence indicates it will place more burdens on a greater number of people.
Voter ID’s ALEC Roots
Wisconsin’s voter ID law bears many elements of the ALEC model Voter ID Act. ALEC began to focus on voter ID shortly after the highest general election turnout in nearly 60 years swept America’s first black president into office with strong support from college students and African-Americans. Soon after the 2008 elections, “Preventing Election Fraud” was the cover story on the Inside ALEC magazine, and ALEC corporations and politicians voted in 2009 for “model” voter ID legislation.
Around 34 voter ID bills modeled after the ALEC template were introduced in 2011. Those bills have been coming under increasing scrutiny in recent months.
Judge Niess’ decision came on the same day that the U.S. Department of Justice blocked Texas’ ALEC-inspired voter ID law on grounds it would suppress the Latino vote. Last December, the D.O.J. blocked South Carolina’s voter ID bill as discriminatory against people of color. Texas and South Carolina are two of several states with a history of discrimination requiring federal pre-clearance for changes to voting laws or procedures under the 1965 Voting Rights Act. Wisconsin is not subject to pre-clearance.
“The right to vote belongs to all Wisconsin citizens”
While last week’s state court decision by Judge David Flanagan focused on how the voter ID law “is addressed to a problem which is very limited” and “fails to account for the difficulty its demands impose upon indigent, elderly and disabled citizens,” Judge Niess issued his decision based solely on the legislature’s constitutional authority to regulate voting. “It is not necessary to consider the human cost of photo ID requirements in order to expose their constitutional deficiencies,” he wrote. “They are unconstitutional on their face.
But, Judge Niess wrote, “there is no harm in pausing to reflect on the insurmountable burdens facing many of our fellow constitutionally qualified electors should Act 23 hold sway.”
“Mostly they would consist of those struggling souls who, unlike the vast majority of Wisconsin voters, for whatever reason will lack the financial, physical, mental, or emotional resources to comply with Act 23, but are otherwise constitutionally entitled to vote.”
While noting that “where it exists, voter fraud corrupts elections and undermines our form of government,” Niess stated that “voter fraud is no more poisonous to our democracy than voter suppression. Indeed, they are two heads on the same monster.”
Niess wrote:
“Where does the Wisconsin Constitution say that the government we, the people, created can simply cast aside the inherent suffrage rights of any qualified elector on the wish and promise – even the guarantee – that doing so serves to prevent some unqualified individuals from voting?
It doesn’t. In fact, it unequivocally says the opposite. The right to vote belongs to all Wisconsin citizens who are qualified electors, not just the fortunate majority for whom Act 23 poses little obstacle at the polls.”
By: Brendan Fischer, Center for Media and Democracy, March 13, 2012
“The Rich Are Different From You And Me”: Mitt Romney’s Good Friends Own Football Teams, Too
By: Jill Lawrence, The National Journal, March 12, 2012
“Undermined By Congressional Partisanship”: President Obama’s Policies Revived The Economy
The economy had already lost 4.5 million jobs before President Barack Obama took office in January 2009, with job losses that month alone surging to 818,000. Economic contraction had also accelerated, reaching a staggering 8.9 percent annualized decline in the fourth quarter of 2008—the worst in 60 years. From this downward spiral, Obama’s economic policies proved instrumental in generating and sustaining a recovery.
In February 2009, Obama enacted the American Recovery and Reinvestment Act, and the pace of economic contraction and job loss immediately decelerated. As the stimulus ramped up, sustained economic growth took hold in mid-2009, and job growth resumed early in 2010—with 3.5 million jobs added since February 2010. The nonpartisan Congressional Budget Office estimates that without the Recovery Act, unemployment would have averaged roughly 10.7 percent in 2010, instead of 9.6 percent.
The Recovery Act was intended to jump-start the economy and avert a depression, not to restore full employment. The $831 billion price tag, spread over more than four years, was dwarfed by the staggering loss in economic activity caused by the bursting of the $7 trillion housing bubble. After economic growth resumed, mass unemployment and underemployment compelled more fiscal support. However, passing additional economic support through Congress proved a Herculean task.
In December 2010, the administration negotiated a payroll tax cut, continuation of emergency unemployment benefits, and targeted tax credits to sustain the delicate recovery as the stimulus began winding down. Without this boost, the economy would actually have slipped back into contraction in the first quarter of 2011.
It should be noted that the Federal Reserve also deserves credit for extraordinary measures taken to resuscitate the financial sector and facilitate recovery. But the Fed had already maxed out its key policy lever, the federal funds rate, when Obama entered office; monetary policy could not have single-handedly revived the economy.
While the economy has improved greatly under Obama’s stewardship, creating jobs for the millions of unemployed Americans who want to work remains imperative. In September 2011, Obama proposed the American Jobs Act, which would boost employment by roughly another 2 million jobs, according to numerous outside economists, including Mark Zandi.
Unfortunately, Obama’s substantive jobs agenda continues to be undermined by congressional partisanship. While more must be done to restore full employment, it is unquestionable that President Obama’s economic policies have been instrumental in ending the worst downturn since the Great Depression.
By: Andrew Fieldhouse, Economic Policy Institute, Published in U. S. News and World Report, March 13, 2012
“Republican Hostile Challenge To Women”: Romney, Santorum, And Gingrich Need A Lesson In Women’s History
Disaffected women are packing up to flee the Republican Party in the wake of the War on Women, The Washington Post reported on its front page. Meanwhile, President Obama’s re-election campaign is sending out a massive signal to energize pro-choice women and welcome them into the Democratic Party, The New York Times said on its Sunday front page.
Good, good. Women are clearly the critical constituency to choose the next president. That’s just what the Republican Party deserves for its hostile challenge to women and girls making their own decisions about their own lives. Sometimes you wonder if Republican candidates know that women actually have the right to vote. Let’s face it, neither Mitt, Rick, nor Newt is exactly a woman’s man. They are out-and-out men’s men.
Has former Gov. Mitt Romney or former Sen. Rick Santorum or former House Speaker Newt Gingrich ever read Virginia Woolf? Do they even know who Margaret Sanger is? What about the spitfire Quaker Alice Paul? She led the women suffrage movement to victory over seven or more years of struggle. This happened in 1920, like 92 years ago, gentlemen. Paul took women’s suffrage public, to the streets and to the White House gates, where the strategy was to remind President Woodrow Wilson what the right thing to do was. Paul and other suffragettes were arrested, abused, and force fed in jail. Nothing would stop them until women won the right to citizenship in our democracy.
Note: women suffrage was not given; it was taken. We women today should study pages from Paul’s book on civil disobedience, especially if the War on Women continues to close in on overturning Roe v. Wade, the cornerstone Supreme Court decision that makes reproductive rights—human rights—legal and private.
Margaret Sanger brought you and me birth control. She made up the useful phrase in the interest of saving women’s lives. As a nurse, she was outraged to see young married immigrants on the Lower East Side dying in childbirth or from botched abortions. The death of Sadie Sachs was the catalyst, she said, a 28-year-old mother who begged a doctor to tell her how to prevent another pregnancy. “Well, it can’t be done,” he answered. “I’ll tell you the only thing to do….Tell Jake to sleep on the roof.”
Months after witnessing that predicament, Sanger answered a call to the Sachs home, where she found Sadie Sachs on her deathbed, surrounded by a scene of her weeping family.
Sanger’s cause came from that personal encounter. “The sun came up and threw its reflection over the house tops. It was the dawn of a new day in my life,” she declared. “I would tell the world what was going on in the lives of these poor women.” In 1916, she opened a women’s health clinic in Brooklyn and founded the organization that became Planned Parenthood, the gleam in the eye of one spirited, determined woman. Like Roe v. Wade, it has been besieged lately, as another front in the War on Women.
Sanger’s life is an incredible mirror of her times, especially the free-thinking, defiant mood of Roaring ’20s. Like her contemporary Paul, she too got arrested and spent time in jail in 1917. Under a court order not to give a public speech, she gagged herself and stood next to the eminent historian and Harvard professor Arthur Schlesinger, Sr. as he read her words. She traveled the world to seek ways of safe birth control. Unfortunately, she subscribed to an intellectual trend called eugenics (before the Nazi era.)
Paul and Sanger would ask, what’s wrong with us, defending what’s already been done? If I were to interview them today, they would be eager to know what progress women have made. And what would I tell them—President Clinton’s Family and Medical Leave Act?
They might say to me that their endeavors went beyond the ballot and women’s health. These were vehicles to empower women to speak with their own voices and to determine their own destinies to make this more truly a democracy.
Virginia Woolf, the brilliant English novelist, essayist, and diarist, created the feminist metaphor of a room of one’s own in a manifesto on furthering women’s liberties in life. She lived in the same age as Sanger and Paul. Such a shame these three never met.
Getting back to Romney, Santorum, and Gingrich, well might we ask how much room there is for women in their Americas.
By: Jamie Stiehm, U. S. News and World Report, March 13, 2012
“Forward Economic Momentum”: Obama’s American Recovery And Reinvestment Act Has Been A Success
The short answer is yes, the economy has improved due to the policies President Obama implemented with the support of Congress.
Labor market conditions are the most important indicators of whether the economy has improved. Most people get the majority of their income from paid employment and having a good job, with decent pay and benefits including health insurance, retirement, and policies that make sure employees can also be good caregivers for their families. Most have little savings, if any, to rely on.
The labor market is moving in the right direction and this is a testament to the success of the American Recovery and Reinvestment Act and other steps taken to address the Great Recession. Recent data from the Bureau of Labor Statistics shows that the private sector has added jobs every month since March 2010, with 245,000 jobs added on average over the past three months. This is a remarkable turnaround from when President Obama took office and the economy was shedding about 20,000 jobs per day.
As a result of job creation, the share of Americans with a job in February edged up to 58.6 percent, higher than it’s been since June 2010. Further, there has also been steady progress to bring unemployment down from its peak of 10.0 percent in October 2009 to 8.3 percent in February.
The Recovery Act and other programs worked because they targeted funds toward a variety of specific job-creation efforts that have been shown to have created jobs and been cost-effective. The President’s Council of Economic Advisers credits the Recovery Act with increasing employment through the second quarter of 2011 by 2.2 million to 4.2 million jobs and reducing unemployment by between 0.2 and 1.1 percent. Economists Alan Blinder and Mark Zandi estimate that the Recovery Act and other fiscal policies resulted in 2.7 million jobs, and that without them unemployment would have hit 11 percent and job losses would have totaled 10 million.
Make no mistake, there has been sure and steady progress in the economy. But, these gains would have been much stronger had conservatives not blocked efforts to invest in much-needed infrastructure and help state and local governments keep employees on the job teaching children and policing streets. The forward economic momentum continues to be at risk as Congress and state and local governments move toward an austerity agenda that will hinder, not promote, strong growth and an improved labor market.
By: Heather Boushey, Sr. Economist, Center for American Progress, Published in U. S. News and World Report, March 13, 2012
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