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“Jim DeMint, Constitutional Revisionist”: Deliberate Conflation Of The Declaration Of Independence With The Constitution

RightWingWatch’s Brian Tashman runs across an interview with Jim DeMint in which the Heritage Foundation president and avatar of “constitutional conservatism” utters gibberish about slavery, and charitably suggests he is “confused:”

Heritage Foundation head Jim DeMint appeared on Vocal Point with Jerry Newcombe of Truth In Action Ministries last week, where he insisted that “no liberal is going to win a debate that big government freed the slaves.”

DeMint, a former US senator from South Carolina, told Newcombe that “the conscience of the American people” and not the federal government was responsible for the end of slavery.

In the interview, DeMint seemed to confuse the US Constitution with the Declaration of Independence and implied that William Wilberforce, a British politician who died almost thirty years before the Civil War, did more to end American slavery than the federal government.

Here’s the relevant portion of the transcript:

Newcombe: What if somebody, let’s say you’re talking with a liberal person and they were to turn around and say, “that Founding Fathers thing worked out really well, look at that Civil War we had eighty years later.”

DeMint: 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. In fact, it was Abraham Lincoln, the very first Republican, who took this on as a cause and a lot of it was based on a love in his heart that comes from God.

Jim’s not being “confused” here. His rap is based on a series of palpable falsehoods that are extraordinarily common in the exotic world of “constitutional conservatism:” the deliberate conflation of the Declaration of Independence with the Constitution (this is how they sneak God and “natural rights”–meaning property and fetal rights–into the latter); the idea that the Civil War was about everything other than slavery; and the claim of Lincoln’s legacy, even though the Great Emancipator was in almost every respect a “big government liberal” as compared to the states rights Democrats–DeMint’s ideological and geographical forebears who touted the Constitution even more regularly (and certainly more consistently) than today’s states rights Republicans.

For dessert, DeMint mentions Dred Scott, a hoary dog whistle to the antichoicers who like to compare that decision to Roe v. Wade.

What’s most interesting about hearing DeMint say all this stuff in one big mouthful is that it makes it so abundantly clear the man is engaging in all sorts of revisionism about well-known aspects of American–and constitutional–history. What makes it amusing is that he claims to be an “originalist.” Only if he gets to rewrite history.

 

By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, April 9, 2014

April 10, 2014 Posted by | Constitution, Declaration Of Independence | , , , , , | Leave a comment

“Wake Up, People, And See The Danger We’re In”: While Watching With Eyes Glazed, Democracy Is Being Stolen

This is a column about campaign finance reform.

And your eyes glazed over just then, didn’t they?

That’s the problem with this problem. Americans know that government truly of, by and for the people is unlikely if not impossible so long as the system is polluted by billions of dollars in contributions from corporations and individual billionaires. Half of us, according to Gallup, would like to see public financing of campaigns; nearly 80 percent want to limit campaign fundraising.

And yet somehow, the issue seems to lack a visceral urgency in the public mind. William Ostrander understands that all too well.

“There are people that will go nuts over the Second Amendment,” he says in a telephone interview. And not to diminish the importance of self-defense, he adds, but “when you look at the practical character of it, what’s going on in campaign finance corruption is far more injurious to their lives, their well-being and their children’s lives than anything most people have had to deal with with the Second Amendment.”

Ostrander is a farmer in tiny San Luis Obispo, CA, and the director of something called Citizens Congress 2014. Its members include a schoolteacher, a small-business man, a firefighter, a general contractor and a doctor — your basic average Americans — who have collectively invested thousands of volunteer hours to set up a summit (June 2-5) of lawyers, lawmakers, academics, advocacy groups and other experts.

Their aim: to brainstorm strategies and craft a plan of action to eliminate the influence of big money in politics.

Quixotic? Perhaps. But Ostrander says he has commitments from a number of high-profile individuals, including: former labor secretary Robert Reich, Harvard law professor Lawrence Lessig; and Trevor Potter, the former chairman of the Federal Election Commission, who is probably best known for his appearances on The Colbert Report, where he helped Stephen Colbert set up a SuperPAC.

We should wish them success. Because truth is, while many of us watch with eyes glazed, democracy is being stolen right out from under us. Consider that last week, the Supreme Court issued a ruling further loosening the limits on campaign donations. Consider the unseemly way four presumptive presidential aspirants ran to Las Vegas to kiss Sheldon Adelson’s ring when the billionaire casino magnate announced he was looking for candidates to support. Consider what billionaire Tom Perkins said in February: Only taxpayers should have the right to vote and the rich should have more votes.

We’re already moving in that direction. As new Voter ID laws and other restrictive measures cull the electorate of poor people, brown people and young people, as the Supreme Court further tilts the playing field toward the monied and the privileged, the notion of one person, one vote, the idea that we each have an equal say in the doings of our government, comes to feel … quaint if not downright naive.

So the politician, though she came to office determined to do right by her constituents, finds she must pay greater attention to the needs of a large donor than to those of the people she was elected to represent. And you get paradoxes like the one last year, where, although 91 percent of us wanted criminal background checks for all gun sales, somehow that didn’t happen, didn’t even come close.

It’s not the politicians’ fault, says Ostrander. “There are some really great people in Congress, honestly. It’s the system that’s broken. The system needs an intervention.”

And that won’t happen until or unless more Americans wake up from their stupor and recognize this as the clear and present danger it is. Ever feel your government doesn’t represent you?

That’s because it doesn’t.

 

By: Leonard Pitts, Jr., Columnist, The Miami Herald; Published in The National Memo, April 9, 2014

April 10, 2014 Posted by | Campaign Financing, Democracy, Wealthy | , , , , , , , | Leave a comment

“GOP’s Clueless Ploy To Woo Women”: Accuse Them Of Whining And Lying!

If you liked GOP messaging on contraception – from Rush Limbaugh’s attacks on Sandra Fluke to Mike Huckabee insisting women who support the ACA’s contraception mandate “cannot control their libidos” – you’ll love the latest Republican campaign against pay equity, newly minted for Equal Pay Day.

Fox News may be the funniest, insisting there’s no such thing as pay inequity — except at the White House, where an American Enterprise Institute study found women still earning less than men. From the Heritage Foundation comes this wisdom: “Equal pay and minimum wage: Two ways to hurt women in the workplace.”  No really, that’s the headline. Texas Gov. Rick Perry has called the pay gap “nonsense,” while Wisconsin Gov. Scott Walker called it “bogus.” Senate Minority Leader Mitch McConnell has called equal pay “the left’s latest bizarre obsession” and accused Harry Reid of “blowing a few kisses” to advocates.

Essentially the GOP campaign against pay equity advocates comes down to telling women to stop lying.

Pay inequity means that women lose an average of more than $400,000 in wages over the course of their lifetimes. The infamous “77 cents on the dollar” figure approximates the overall difference between men and women, and conservatives like to claim it compares apples and oranges: Female teachers to male congressmen, for instance. The truth is, multiple studies by the American Association of University Women and others show that the gap exists across all professions and all education levels. In some fields, it’s wider, in some it’s smaller, but it’s omnipresent. And it’s much worse for African-American and Latino women, who make 62 and 54 percent of white men’s wages, respectively. (Asian American women suffer the smallest wage gap, earning 87 percent.)

Democrats believe they can ride those issues to victory in 2014, despite a tough climate for vulnerable incumbents and the propensity of its base to turn out for presidential elections but skip the midterms. One key will be turning out unmarried women, who have become one of the party’s most reliable constituencies after African-Americans. A recent survey by Democracy Corps shows that unmarried women are less likely to vote in 2014 than in 2012 – but that a strong women’s economic agenda could send many more of them to the polls.

Pay equity plus equal health insurance are the policies that score highest among unmarried women voters in the Democracy Corps poll. Right behind are proposals for paid family leave and affordable access to childcare. Democracy Corps found those issues had the capacity to significantly increase the turnout of unmarried women in 2014. Once they were read a list of women’s economic agenda policies favored by Democrats, the percent saying they were “almost certain” to vote in the midterm jumped from 66 to 83 percent.

And although those zany Heritage Foundation scholars last week told Republicans that the secret to solving their problems with unmarried women was to get more of them married, Democracy Corps found that unmarried women were skeptical of GOP policies to encourage marriage. Two-thirds favored greater emphasis on policies that enable work-family balance, to help women and children rise out of poverty, as opposed to 24 percent who backed policies that encouraged marriage.

That’s why President Obama signed two executive orders to narrow the wage gap. One prohibits federal contractors from punishing workers who disseminate information about wages (one way employers hide wage discrimination). Obama will also direct the Labor Department to collect data from federal contractors detailing wages by gender and race.  Obama is also urging Congress to pass the Paycheck Fairness Act – which it won’t – and a minimum wage hike, which is also unlikely.

The Democracy Corps poll also makes clear what many Democrats have suspected: Women like the fact that the Affordable Care Act prevents insurance companies from charging them more than men. Rep. Paul Ryan, who insists the GOP will still push to repeal Obamacare, is handing Democrats another weapon, the poll found.

There was one other interesting finding in the Democracy Corps survey: Unmarried women are very concerned about preserving Medicare and Social Security. That led pollsters to advise Democrats to include those issues in their women’s economic agenda. It makes sense: Women live longer, and are more economically insecure at every stage of life. Unmarried women in particular rely on Social Security and Medicare in old age. It’s just another reason centrist Dems should avoid the lure of the “grand bargain” that ensnared the president and his allies for years.

Earlier this year, a CNN poll found that 55 percent of Americans believe Republicans don’t understand women. That increased to 64 percent among women over 50, who represent a pillar of the GOP base. So smart, aggressive messaging on women’s economic issues could not only help Democrats turn out their base, but conceivably cut into the GOP’s. Republicans are unlikely to help their cause with a strategy that essentially calls women who worry about pay inequity “liars.”

 

By: Joan Walsh, Editor at Large, Salon, April 8, 2014

April 9, 2014 Posted by | Economic Inequality, Gender Gap | , , , , , , , , | 1 Comment

“The War Against American Citizens”: Metastasizing Money Drowns Out The Voices Of Actual Americans

In 1971, before becoming a Supreme Court justice, Lewis F. Powell Jr. penned a memo to his friend Eugene Sydnor of the U.S. Chamber of Commerce advocating a comprehensive strategy in favor of corporate interests. Powell wrote, “Under our constitutional system, especially with an activist-minded Supreme Court, the judiciary may be the most important instrument for social, economic and political change.”

In last week’s ruling in McCutcheon v. Federal Election Commission , the Supreme Court was not a mere instrument so much as a blowtorch, searing a hole in the fabric of our fragile democracy.

This predictable decision from the 1 Percent Court to repeal federal limits on overall individual campaign contributions overturns nearly 40 years of campaign finance law.

It also completes a trifecta of rulings that started in 1976 with Buckley v. Valeo, and the Midas touch of judicial malpractice, turning money into speech. As Justice Stephen Breyer wrote in an impassioned dissent to McCutcheon, taken together with the 2010 ruling in Citizens United, “today’s decision eviscerates our Nation’s campaign finance laws, leaving a remnant incapable of dealing with the grave problems of democratic legitimacy that those laws were intended to resolve.”

This, foreshadowed in Powell’s decades-old memo, has always been the right’s plan — to shift the system in favor of the wealthy and powerful. Put it this way: If the limit hadn’t existed in 2012, the 1,219 biggest donors could have given more money than over 4 million small donors to the Obama and Romney campaigns — combined.

But McCutcheon was not the only body blow to our democracy, in what was possibly the worst week in the history of campaign finance reform.

New York Gov. Andrew Cuomo (D) let his proposal for publicly financed statewide elections die after years of promises to restore the public trust. In a state that’s often a laboratory of democracy, the governor has agreed to what is little more than a clinical trial — a single comptroller’s race this year — that some experts claim is “designed to fail.”

The American experiment seems to be run by a smaller and smaller control group as billionaires — like the Koch brothers and Sheldon Adelson — get expanding seats at the shrinking political table.

NASCAR drivers wear the corporate logos of their sponsors on their suits. The justices who sided with plutocracy ought to wear sponsorship logos on their robes, too.

Conversations about court rulings and policy proposals can obscure what’s really at stake: the well-being of the American people. The Court and Cuomo gave the 1 percent even more opportunities to, effectively, buy the kind of access to elected officials that most voters and small donors could never dream of. The weakening of campaign finance laws tracks with the widening income gap, as the wealthiest have secured policies, from lower taxes to deregulation — that enrich themselves at the expense of everybody else.

This, to paraphrase Massachusetts Sen. Elizabeth Warren (D), is why the system is rigged. Metastasizing money drowns out the voices of actual Americans, and suffocates policies such as raising the minimum wage and equal pay that would benefit workers. It also skews the playing field, not just between the haves and have-nots, but also between male and female candidates.

We live in a world where elected officials care less about checks and balances and more about their checkbooks and balance sheets. Where fundraising is more important than legislating. Where public policy is auctioned off to the highest bidder.

That’s why getting money out of politics is not a partisan issue. According to Gallup, nearly eight out of 10 Americans think campaigns should be limited in what they can raise and spend, while a 2012 CBS poll shows that about two-thirds of Americans believe in limiting individual campaign contributions.

Hopefully, popular outrage will boost the pressure for reform; there has already been a sharp increase in grassroots action. In the hours and days after the ruling, coalitions such as Public Citizen have mobilized thousands of people in 140 demonstrations across 38 states to protest the McCutcheon ruling. Nearly 500 local governments and 16 states and the District have called for a constitutional amendment to wrest our elections back from the elite. Move to Amend, which supports a constitutional amendment to reverse Citizens United and McCutcheon, and end the fiction that corporations are people and money equals speech, already has over 300,000 members.

A resolution from Sen. Tom Udall (D-N.M.) — with a House companion introduced by Rep. Jim McGovern (D-Mass.) — calling for a constitutional amendment to allow Congress to fully regulate campaign contributions, and to encourage states to regulate and limit campaign spending, already had 29 co-sponsors and picked up 3 more on the day the Roberts Court announced its decision. Citizens in New York, who are furious at Cuomo for failing to enact reform, are renewing the drive to hold him accountable for his actions. And even while pushing for a constitutional amendment — an uphill battle —supporters of clean elections in Congress and outside are fighting for increased disclosure and public financing of elections.

The all-out assault against campaign finance reform, on the heels of the Court’s gutting of the Voting Rights Act in Shelby County v. Holder , is just one more example of our democratic system in crisis. “Under the leadership of Chief Justice John Roberts,” my Nation colleague Ari Berman recently wrote, “the Supreme Court has made it far easier to buy an election and far harder to vote in one.” But the fear of democracy’s premature death doesn’t look like it’s silencing people; instead, it is inspiring a renewed commitment to fight for its survival.

 

By: Katrina vanden Heuvel, Opinion Writer, The Washington Post, April 8, 2014

April 9, 2014 Posted by | Campaign Financing, Democracy, SCOTUS | , , , , , , | 2 Comments

“Race Is Not An Intellectual Exercise”: The “Story Of Race In The Obama Years” Cannot Be Told In A Race-Neutral Way

I offered a preliminary take yesterday on Jonathan Chait’s vast New York piece on racial politics, and will probably take another run at the topic at TPMCafe tomorrow. But for now, I’ll suggest a reading of Jamelle Bouie’s tart response to Chait at Slate:

If I were outlining a racial history of the Obama administration, it would begin with policy: A housing collapse that destroyed black Americans’ wealth; a health care law attacked as “reparations” and crippled by a neo-Calhounite doctrine of “state sovereignty”; a broad assault on voting rights and access to the polls, concentrated in the states of the former Confederacy. Indeed, it would focus on the deep irony of the Obama era: That the first black president has presided over a declining status quo for many black Americans.

In short, it would treat race as a real force in public life that has real consequences for real people.

You should contrast this with Jonathan Chait’s most recent feature for New York magazine, where the story of race in the Obama administration is a story of mutual grievance between Americans on the left and right, with little interest in the lived experiences of racism from black Americans and other people of color. It’s a story, in other words, that treats race as an intellectual exercise—a low-stakes cocktail party argument between white liberals and white conservatives over their respective racial innocence….

What’s odd about the argument is that Chait clearly shows the extent to which conservatism—even if it isn’t “racist”—works to entrench racial inequality through “colorblindness” and pointed opposition to the activist state. But rather than take that to its conclusion, he asks us to look away: “Impressive though the historical, sociological, and psychological evidence undergirding this analysis may be, it also happens to be completely insane. Whatever Lee Atwater said, or meant to say, advocating tax cuts is not in any meaningful sense racist.”

Of course, it’s not accusing conservatives of “racism” to note that particular policies—say, tax cuts to defund the social safety net, or blocking the Medicaid expansion under the Affordable Care Act—have a disparate impact. That’s just reality. And it’s not tarring your opponents to note that race plays a huge part in building popular support for those policies. But again, for as much as this is interesting as a matter of political combat, it’s less important to telling the story of race in the Obama years than, for instance, the tremendous retrenchment of racial inequality during our five years of recession, recovery, and austerity.

I personally think part of the problem here is that Chait seems to regard “racism” as a subjective phenomenon and a moral blight; thus conservatives charged with promoting policies that have a disparate racial impact have every reason to feel aggrieved if they are (or perceive themselves to be) innocent of racist feelings. But that’s no excuse for pretending the “story of race in the Obama years” can be told in a race-neutral way.

 

By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, April 8, 2014

April 9, 2014 Posted by | Politics, Racism | , , , , , , | 3 Comments