“It’s Time To Get Creative”: Want To Cut The Rich’s Influence? Take Away Their Money!
Chief Justice John Roberts this week continued his gradual judicial elimination of America’s campaign finance laws, with a decision in McCutcheon v. FEC that eliminates “aggregate” contribution limits from individuals to political parties, PACs and candidates. The decision may not have a catastrophic effect, in a world where individuals were already permitted to donate unlimited sums to independent political organizations, but it is just another move toward the end of regulation of political spending altogether. If Americans want to limit the influence of money on politics, they will have to start getting more creative.
Roberts’ specialty is “faux judicial restraint,” in which he achieves his radical desired goals over the course of many incremental decisions instead of one sweeping one. In this case, as many observers have noted, Roberts pointed to our current easily circumvented caps on political spending as justification for lifting yet another cap, without noting that the Roberts court helped create the current system to begin with. Our campaign finance laws have not quite yet been “eviscerated,” but the trend is clear. Roberts and Justice Clarence Thomas, who penned a partial dissent calling for all regulation of political spending to be eliminated, have something close to the same end goal, but Roberts is willing to be patient in getting there.
As long as Roberts and his fellow conservatives dominate the Supreme Court — and it seems likely that they will continue to dominate it for years to come — campaign finance reformers are going to find themselves sabotaged at every turn. As Rick Hasen says: “It is hard to see what will be left of campaign finance law beyond disclosure in a few years.”
By: Alex Pareene, Salon, April 3, 2014
“Sexism Still Tolerated In A Way Racism Isn’t”: Why Clinton’s Gender Problem Will Not Be Like Obama’s Race Problem
Here’s an SAT analogy question for you: Barack Obama’s 2008 campaign IS TO race as Hillary Clinton’s 2016 campaign IS TO _______. If you said “gender,” you’re only half right.
I’ll get to what I mean in a moment, but this is something Isaac Chotiner raises today at The New Republic: in 2016, we’ll get into a similar dynamic we see now, in which “the attacks on Clinton will be seen as sexist by liberals, which in turn will lead to conservatives feeling falsely accused of sexism. You can count on MSNBC, for example, to turn nearly every attack on Clinton into an attack on Republicans for hating women.”
It’s true that there will be an extraordinary amount of sexism directed at Clinton, just as there always has been. But unlike Barack Obama, who spent years planning how to make white people comfortable with his race (which worked for a while, until his victory became a real possibility), Clinton has never tried to make her gender unthreatening. I suppose we could mention the way she stepped back from policy and did more traditional First Lady stuff after the Clinton health care plan failed in 1994, but that was a brief interregnum between times when she in effect told the country that she was going to be just as smart and knowledgeable and ambitious as a man in her position, and if they didn’t like that, then it was their problem and not hers.
The other thing that’s different is the way people, and particularly conservatives, talk about gender versus the way they talk about race. To put it simply, a lot of conservatives are still unashamedly sexist. When MSNBC calls out Rush Limbaugh for saying something sexist about Clinton, he doesn’t try to convince people that it’s a calumnious charge and he is in fact deeply committed to gender equality. He doesn’t much care, and neither do a lot of other people.
To what degree that ends up working in Clinton’s favor politically, we’ll have to see. Race both helped and hurt Obama (researchers are still sorting through which way the scales tipped on net), and on first blush something similar is likely to happen with Clinton: there will be people who won’t vote for a woman, and there will be people excited about voting for the first woman president. There will also be women who are so disgusted by the misogynistic attacks on her that it pushes them toward voting for her.
But there is going to be absolutely no subtlety in the sexist attacks on Hillary Clinton, and the people making them will barely attempt to argue that they aren’t being sexist. Instead of “How dare you call me that!” their response to the accusation will be more along the lines of, “Shut yer trap, girlie!”
By: Paul Waldman, Contributing Editor, The American Prospect, April 9, 2014
“2016 Versus 2014?”: Are 2016 GOP Presidential Candidates Rooting Against The Party in 2014?
Who’s afraid of Majority Leader Mitch McConnell? It may not only be the Obama administration, congressional Democrats and their allies. According to a new report from Time’s Zeke J. Miller, the ranks of people who are quietly rooting for Democrats to hold the Senate by the skin of their teeth include all manner of Republican presidential hopefuls. Miller writes:
Behind closed doors and in private conversations with reporters and donors, GOPers eyeing the White House in 2016 are privately signaling they wouldn’t mind seeing the party fall short in this year’s midterm elections. For all the benefits of a strong showing in 2014 after resounding defeat in 2012, senior political advisers to some of the top Republican presidential aspirants believe winning the Senate might be the worst thing that could happen.
Miller identifies GOP governors Chris Christie of New Jersey, Scott Walker of Wisconsin, Bobby Jindal of Louisiana and Rick Perry of Texas as being the prime movers in this, as they are all likely to contrast their can-do problem-solving with the feckless gridlock of Washington – gridlock that they’d have a harder time dealing with if the GOP controlled all of Congress. GOP senators too (Florida’s Marco Rubio, Texas’ Ted Cruz and Kentucky’s Rand Paul) would have a greater expectations problem if people actually expected them to do more than inveigh against Obama. Miller continues:
For candidates from either category, a GOP-controlled Senate and House would mean having to answer for their party’s legislative agenda in both a primary and a general election. Whether it be new fiscal deals struck with Obama or continued votes to repeal Obamacare, aides to potential candidates fear that congressional action may put a damper on their boss’ future campaigns by forcing them to either embrace or break with specific legislative proposal as opposed to general policy ideals.
All of these points are good and Miller’s article is worth a full read. I especially like the detail where he notes that GOP governors don’t talk so much about the GOP Congress (honestly little wonder given that the reviled Obamacare is way, way, way more popular than congressional Republicans).
But there’s another reason why Republicans should be wary of excessive success and it has to do with the schizophrenic nature of the modern electorate. The midterm electorate tends to be older and whiter than the presidential electorate and the electorate’s increasing polarization (where parties tend to run up steep margins among specific demographic groups, like Republicans among whites and Democrats among minorities) has produced off-year collections of voters that lean Democratic (because they’re younger and less white) in presidential years and lean Republican (because they’re older and whiter) in off-years. The upshot has in recent cycles been parties that have struggled to succeed with the other side’s electorate.
So while Republicans swore up and down that they were going to learn the lessons of 2012 about growing their base, success in 2014 could kill any steps in that direction (which, in fairness, haven’t much been in evidence).
National Journal’s Ron Brownstein explicated this phenomenon last June:
The peril for Republicans is that a good 2014 election could provide a “false positive” signal about their prospects for 2016, much as the 2010 landslide did for 2012. … The GOP can thrive in 2014 without solving [its youth voter] problem — but not in 2016. The same dynamic holds for Republicans’ minority problems. The GOP attracted 60 percent of white voters in 2010 and enjoyed a landslide. But because minority turnout increased so much just two years later, Romney lost badly while winning 59 percent of the white vote.
At The American Conservative, Scott Galupo (a former U.S. News contributor) sees something more than a “false positive” danger; he argues that GOP poobahs understand their party’s problem full well but are trapped.
Republicans, or at least a good portion of those who matter, know full well that the party has a problem going into 2016, quite apart from what happens this fall. The crux of it is this: there’s nothing they can do to change it in the near term. The adjustments they need to make in order to recapture the White House—find some way to deal with undocumented immigrants; give up on tax cuts for the wealthy; acknowledge the painful trade-offs of any serious Obamacare alternative—would jeopardize their grip on Congress.
It’s possible that Republican leaders are merely biding their time until the Senate is in hand. Why rock the boat when you can win by default? I suspect, however, that the truth is more inconvenient: Rocking the boat will be no easier in 2016 than it is now.
The bottom line of course is that deep down no one is going to root against their side winning – you take the victory in the hand rather than hoping that a narrow loss will bank-shot you to greater success in the future. But these considerations are a useful reminder that allied political interests aren’t always perfectly aligned and that sometimes short-term success can mask and even exacerbate long term problems.
By: Robert Schlesinger, U. S. News and World Report, April 9, 2014
“Racism Isn’t Dead”: LBJ’s Civil Rights Act Irrevocably Changed U.S. Landscape
Last week, President Obama and civil rights luminaries went to the Lyndon B. Johnson Presidential Library to celebrate the 50th anniversary of the Civil Rights Act. That legislation, signed in July 1964, was a stunning achievement, a herald of a dramatic transformation in the nation’s social and cultural landscape.
Yet the anniversary comes at a confusing moment in America’s racial journey. While a generation is growing up associating presidential power with a black man, evidence of a pernicious, race-infused backlash is inescapable. And bigotry played a role in the unjust shootings of two young black men, Trayvon Martin and Jordan Davis, who were almost certainly victims of racial profiling.
Few suggest, anymore, that the election of President Obama is evidence of a “post-racial” America in which no one notices skin color or takes into account racial and ethnic heritage. In fact, Obama’s rise has fueled the fears and hatred of a small but vocal minority who believe their America — a country run by and for white heterosexual Christians — is disappearing. If you think I’m exaggerating, just read Pat Buchanan’s 2011 screed, Suicide of a Superpower: Will America Survive to 2025?
It is easy enough to be pessimistic. Harvard political scientist Robert Putnam, who has conducted research on diverse communities, told me he was surprised that Obama’s election had seemed to revive racism rather than quelling it. That revival plays itself out quite vividly in our national politics, where a retrograde faction of the Republican Party dedicates itself to the notion that, if racism still exists, white people are its victims.
Still, it would be foolishly myopic to argue that little has changed in the half-century since President Johnson arm-twisted the Civil Rights Act into history. I’m old enough to remember a landscape that was much more hostile to black Americans, that conspired to limit us in ways too myriad to count. Black and brown millennials don’t know what it means to be refused service in a restaurant, to be shoved to the back to the bus, to be turned away at a hotel because of skin color, to be ushered to a separate (and often filthy) restroom. And their white counterparts would rightly find such policies absurd.
The America that elected Obama is a very different place from the nation over which Johnson presided. Not only do black Americans eat in any restaurant they can afford, but they also star as celebrity chefs on TV. Black men and women preside over corporate boardrooms, head major non-profit institutions and reign as single-name cultural icons.
Yes, there are still major disparities in health and wealth, incarceration rates and even school suspensions. Much work remains before full equality is more than a distant mountain peak. But we ought to be able to discuss the road ahead without pretending that we’ve not made any progress at all. To do that would be to disparage the work of our civil rights heroes and to deny ourselves the inspiration we need to keep plodding along.
Besides, pessimism breeds defeat. It infects its victims with a self-limiting lethargy that fails to take big risks, to reach for the skies, to dream big dreams.
Last month, for example, USA Today profiled high-school senior Kwasi Enin, a first-generation Ghanaian-American who was accepted by all eight Ivy League colleges, an extremely rare accomplishment. Enin has a lot on the ball, but the fact that his parents, as immigrants, likely focused on America’s opportunities — not its race-based limitations — undoubtedly played a role in his remarkable story. That didn’t shield him from any racism prompted by the color of his skin, but it certainly gave him the confidence and the gumption to think he could succeed.
A half-century after Johnson pushed through a law that helped to transform a nation, racism is hardly dead. But it’s a shadow of its former self, a limited force no longer able to define the lives of the nation’s citizens of color. That’s change we can believe in.
By: Cynthia Tucker, Visiting Professor at The University of Georgia; The National Memo, April 12, 2014
“No, Asshole, You’re Totally Wrong”: What Plantation Is Jim DeMint Living On?
I once had this idea for a play about God, a comedy, in which the audience would be introduced to a series of casuists and charlatans and braggarts and bloviators, and they’d be carrying on, lecturing away on topics large and small with serene self-confidence. There’d be the sound of thunder and perhaps a puff of smoke, and from the wings, God would appear. He or She would, over the course of the three acts, take on numerous corporeal forms—white man, black woman, Asian man, Arab woman, et cetera—but in each guise would admonish the speaker: “No, asshole. You’re totally wrong. How do I know? Because I’m God, and you’re wrong.”
The idea came to me, of course, because of life’s endless pageant of moments when one wishes life really worked that way. But I don’t know if I’ve ever wished it more than I did two days ago, when Jim DeMint, the ex-senator and Heritage Foundation head who defines the words casuist and charlatan and braggart and bloviator and about 262 others that are worse, said that the federal government of the United States did nothing to end slavery. The salient words:
Well the reason that the slaves were eventually freed was the Constitution, it was like the conscience of the American people. Unfortunately, there were some court decisions like Dred Scott and others that defined some people as property, but the Constitution kept calling us back to ‘all men are created equal and we have inalienable rights’ in the minds of God. But a lot of the move to free the slaves came from the people, it did not come from the federal government. It came from a growing movement among the people, particularly people of faith, that this was wrong. People like Wilberforce who persisted for years because of his faith and because of his love for people. So no liberal is going to win a debate that big government freed the slaves.
Please, I beg of you, don’t do DeMint the honor of thinking him merely stupid. He’s probably that, in some way. Certainly those sentences add up to a mountain of stupid, a Himalayan range of it. Yet at the same time, a statement this insane can’t be propelled merely by stupidity. A denial of reality this whole, this pure, requires, I think, some thought, some premeditation. Dwell with me on this for the moment.
Today’s radical conservatives like DeMint want to destroy government. This means in the first instance discrediting everything government does in the present. That, we’re all plenty familiar with. It’s a lot of what we fight about all the time.
But the project also includes history—proving that nothing good that ever happened in history was done by the government. Oh, they might grant you a war here or there, these wingers. They’re OK with war (when we win them—when we’ve lost them, that was of course the liberals’ fault). But nothing else.
Often, this is easy enough. Example: The great post-war prosperity boom and middle-class expansion. We on my side say: unionization, massive public investments, a tax rate that kept the coffers full, a few other things. DeMint and his type can’t have that, so they say: American ingenuity, a free-market system that encouraged initiative, no big bloated welfare state yet, etc. That’s a simple one. Left and right offer competing narratives, and to most people, parts of each probably sound plausible.
But then you get to trickier matters. How, as a radical conservative today, and especially a Southern one, and especially one from the state (South Carolina) that started the Civil War (first to advance nullification, first to secede, first shots fired), are you supposed to explain that war? And how are you supposed to explain slavery? Tough ones. If you ever visit any of those crackpot websites I look at sometimes, you’ve seen, for example, the commonly advanced idea that the Civil War wasn’t really about slavery, it was about states’ rights and economics and so on. I guarantee you that notion will show up pretty quickly in this very comment thread.
But that explains only the war’s beginning, not its end. I had not heard, until DeMint’s comments here, their theory on the war’s end, and more deliciously on slavery’s. So it was “the conscience of the American people” that ended it. And the Constitution, which “kept calling us back to ‘all men are created equal and we have inalienable rights.’” And William Wilberforce. But whatever it was, it wasn’t “big government.”
Interesting interpretation, eh? DeMint’s “conscience of the American people” x’s out of history the Emancipation Proclamation, which strikes me as an act of the federal government (a presidential order); also the Thirteenth Amendment, which outlawed slavery and, as an amendment to the Constitution, was surely an action of the government. It also x’s out the war itself, fought to the end, no matter what today’s Confederate revisionists say, to wipe out slavery once and for all.
As for the Constitution, well, there’s the fact that the words DeMint quotes appear not in the Constitution but the Declaration of Independence, but there are bigger problems here than that. If Jim DeMint had been alive in 1860, it’s reasonable to assume that he’d have gone with the flow in his state, correct? So he’d have supported secession. And, big cheese that he is, he’d have likely played some role in creating the Confederate States of America. And in turn he’d likely have signed the Confederate Constitution, thus pledging his loyalty to a document that explicitly prohibited the Confederate government or its several states from interfering in slave ownership in any way, including a specific provision stating that any territories the CSA gained via war or any other means would become slaveholding states. That would have been Jim DeMint’s Constitution, not the one you and I heed.
Finally, this Wilberforce business. They love Wilberforce, today’s rad-cons. He was a devout Christian, you see, and a conservative; and yet at the same time a stern abolitionist. What a useful combination! Invoking Wilberforce allows conservatives like DeMint to pretend that he, not Calhoun, is their moral lodestar and inspiration. It’s somewhat problematic for them that while Wilberforce did indeed fight slavery, he did so in England, where he actually lived, not in America. And only up until 1833, when he died. Besides which the fiery abolitionists in America, William Lloyd Garrison and so forth, were quite religious too, but on the political left.
There is such a thing as having a legitimate difference of opinion on a question of history. Was Napoleon the embodiment or the corruption of the French Revolution, to take an obvious example—historians will argue that one till the end of time. But DeMint doesn’t have a legitimate difference of opinion. He has a wholly ideological one, designed not to spur historical debate but to justify his miserly posture toward contemporary politics.
And so every sentence that came out of his mouth was just utter nonsense. But not just that–premeditated, pernicious, and malicious nonsense, spun to serve contemporary ends like fighting the delivery of health coverage to millions. Physicians have boards to answer to, lawyers the local bar; but in politics and media, there’s no panel that can police this drivel and declare DeMint unfit for participation in public discourse. And so he gets to say these utterly insane things but still get quoted in the papers as if he were a serious person. And the rest of us just have to endure him. God, if you’re there, now would be a good time to show up.
By: Michael Tomasky, The Daily Beast, April 11, 2014
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