“Questionable Commitment To Democracy”: The Real Problem With Joni Ernst’s Quote About Guns And The Government
Regular readers will know that I’m a critic of the “My opponent said something objectionable and I’m outraged!” school of campaigning, not to mention the “Candidate said something objectionable!” school of campaign coverage. One of the most important rules in assessing “gaffes” or outsized statements is that if the moment was extemporaneous, out of character, instantly regretted, and not repeated, then we should give it a pass, because it probably reveals next to nothing about the person who said it.
Having said that, there’s a new statement we learn about today from Iowa Senate candidate Joni Ernst that deserves some scrutiny, and Ernst ought to explain it. The Huffington Post has the news:
Joni Ernst, the Republican candidate for U.S. Senate in Iowa, said during an NRA event in 2012 that she would use a gun to defend herself from the government.
“I have a beautiful little Smith & Wesson, 9 millimeter, and it goes with me virtually everywhere,” Ernst said at the NRA and Iowa Firearms Coalition Second Amendment Rally in Searsboro, Iowa. “But I do believe in the right to carry, and I believe in the right to defend myself and my family — whether it’s from an intruder, or whether it’s from the government, should they decide that my rights are no longer important.”
Ernst’s defenders would say that she was only talking in general, hypothetical terms, and comparisons to Sharron Angle’s 2010 talk of armed revolt against the government are unfair (I’ll get to the Angle comparison in a moment). And it’s true that Ernst is speaking hypothetically here, when she says of the government “should they decide that my rights are no longer important.” That’s different from saying that the government has already decided her rights are no longer important or that armed revolt is actually imminent.
And there are plenty of examples of federal, state, and local governments trampling on people’s rights, particularly since September 11, that are worthy of debate, discussion, even angry condemnation, whether it’s the monitoring of phone calls, the surveillance of anti-war groups, the widespread “stop and frisk” policies that black people in particular are subject to (not something Joni Ernst has to worry about), or the appalling spread of asset forfeiture, under which local police forces and governments just steal innocent people’s money and property.
But if Ernst is talking about some hypothetical situation in which government’s disregard for her rights may necessitate an armed response it’s fair to ask her: What exactly is it? Is she saying that when law enforcement officers come to arrest her on some trumped-up charge, instead of submitting and fighting the charges in court she’ll shoot those officers? Who else is an appropriate target here? Members of Congress who pass laws taking away her rights? FBI agents? Who?
The problem with this new quote is that it borders on anti-democratic. I don’t care how many times you praise the Founding Fathers or talk about your love of the Constitution, if you think that the way to resolve policy differences or personal arguments with the government is not just by trying to get different people elected or waging a campaign to change the laws or filing suits in court, but through the use of violence against the government, you have announced that you have no commitment to democracy. In the American system, we don’t say that if the government enacts policies we don’t like, we’ll start killing people. It’s not clear that Ernst meant this, but it’s fair to ask her to explain what she did mean.
Sharron Angle said: “Thomas Jefferson said it’s good for a country to have a revolution every 20 years. I hope that’s not where we’re going, but you know, if this Congress keeps going the way it is, people are really looking toward those Second Amendment remedies.” That sounded a lot more like a call for insurrection, based simply on policy differences with Democrats. Ernst’s statement doesn’t amount to that. But it does fetishize guns as a tool for fighting the government.
The larger context here is that rhetorical suggestions that democratic processes are legitimate only when they produce desired outcomes have become commonplace. That’s one of the things that has changed in America since Barack Obama got elected. Ernst’s defenders may argue that Ernst is only talking about some future hypothetical takeover by a tyrannical government, in which case an armed response might be appropriate. But how many times in the last six years have we heard conservatives — including well regarded commentators, elected officials, and other people of high standing — talk about the ordinary processes of democracy in the same terms we used to reserve for military coups and despotic campaigns of repression?
Things like Barack Obama’s two elections, the passage of the Affordable Care Act, and a hundred other government actions are now routinely called “tyranny” and “fascism” by people just like Joni Ernst. Given that recent history, the defense that she’s talking only about some remote scenario out of “1984″ or “Fahrenheit 451″ is a little hard to believe.
It’s entirely possible that Ernst didn’t mean her statement to come out sounding the way it did. She may have just been mirroring back to her audience their own beliefs. Ernst should be given the opportunity to elaborate — and pressed to answer specific questions about when she thinks it’s acceptable for an American citizen to use violence against representatives of the American government. If she answers those questions in a way that demonstrates a commitment to democracy, I’ll be happy to say that her statement to the NRA should be set aside.
By: Paul Waldman, Contributing Editor, The American Prospect; The Plum Line, The Washington Post, October 23, 2014
“Suppressing Votes Just Another Day At The Office”: Republicans Are Treating The Right To Vote As Discretionary
When I said yesterday that the right to vote was increasingly being treated as a partisan political game, I had no way to know that a very prominent Republican politician would supply an instant illustration, per a report from the Bergen Record:
Governor Christie pushed further into the contentious debate over voting rights than ever before, saying Tuesday that Republicans need to win gubernatorial races this year so that they’re the ones controlling “voting mechanisms” going into the next presidential election….
“Would you rather have Rick Scott in Florida overseeing the voting mechanism, or Charlie Crist? Would you rather have Scott Walker in Wisconsin overseeing the voting mechanism, or would you rather have Mary Burke? Who would you rather have in Ohio, John Kasich or Ed FitzGerald?” he asked.
Brother Benen commented archly:
I’m not sure which is worse: the prospect of Christie making these remarks without thinking them through or Christie making these remarks because he’s already thought this through.
In theory, in a functioning democracy, control over “voting mechanisms” shouldn’t dictate election outcomes. Citizens consider the candidates, they cast their ballots, the ballots are counted, and the winner takes office. It’s supposed to be non-partisan – indeed, the oversight of the elections process must be professional and detached from politics in order to maintain the integrity of the system itself.
So what exactly is Chris Christie suggesting here?….
[P]olitical scientist Norm Ornstein paraphrased Christie’s comments this way: “How can we cheat on vote counts if we don’t control the governorships?”
Yep, Republicans are treating the right to vote as discretionary, depending on their party’s needs, which makes voter suppression just another day at the office.
By: Ed Kilgore, Contributing Writer, Political Animal, The Washington Monthly, October 22, 2014
“An Affirmative Right”: Adding The Right To Vote To The Constitution
The Bill of Rights, as the name implies, lists a wide variety of privileges of citizenship that cannot be taken from Americans without due process. You have the right to free speech, you have the right to bear arms, you have the right to a fair trial, etc. The right to vote, however, isn’t mentioned.
In fact, though the Constitution offers some relatively detailed instructions on voting for president through the Electoral College, the document has far less to say about the right of Americans to cast a ballot in their own democracy. There are amendments extending voting rights to freed slaves, women, and 18-year-olds, and poll taxes are prohibited, but there’s no additional clarity in the text about Americans’ franchise.
Up until fairly recently, that wasn’t considered much of a problem – at least since the Jim Crow era, there was no systemic national campaign underway to undermine voting rights. But in the Obama era, the Republican campaign to suppress the vote has included restrictions without modern precedent, which in turn has started a new conversation about changing the Constitution to guarantee what is arguably the most fundamental of all democratic rights.
Matt Yglesias had a good piece on this yesterday.
When the constitution was enacted it did not include a right to vote for the simple reason that the Founders didn’t think most people should vote. Voting laws, at the time, mostly favored white, male property-holders, and the rules varied sharply from state to state. But over the first half of the nineteenth century, the idea of popular democracy took root across the land. Property qualifications were universally abolished, and the franchise became the key marker of white male political equality. Subsequent activists sought to further expand the franchise, by barring discrimination on the basis of race (the 15th Amendment) and gender (the 19th) — establishing the norm that all citizens should have the right to vote.
But this norm is just a norm. There is no actual constitutional provision stating that all citizens have the right to vote, only that voting rights cannot be dispensed on the basis of race or gender discrimination. A law requiring you to cut your hair short before voting, or dye it blue, or say “pretty please let me vote,” all might pass muster. And so might a voter ID requirement.
The legality of these kinds of laws hinge on whether they violate the Constitution’s protections against race and gender discrimination, not on whether they prevent citizens from voting. As Harvard Law professor Lani Guinier has written, this “leaves one of the fundamental elements of democratic citizenship tethered to the whims of local officials.”
All of which leads to the question about a constitutional amendment, making the affirmative right of an adult American citizen to cast a ballot explicit within our constitutional system.
For some in Congress, this isn’t just an academic exercise. TPM had this report back in May.
A pair of Democratic congressmen is pushing an amendment that would place an affirmative right to vote in the U.S. Constitution. According to Rep. Mark Pocan (D-WI), who is sponsoring the legislation along with Rep. Keith Ellison (D-MN), the amendment would protect voters from what he described as a “systematic” push to “restrict voting access” through voter ID laws, shorter early voting deadlines, and other measures that are being proposed in many states.
“Most people believe that there already is something in the Constitution that gives people the right to vote, but unfortunately … there is no affirmative right to vote in the Constitution. We have a number of amendments that protect against discrimination in voting, but we don’t have an affirmative right,” Pocan told TPM last week. “Especially in an era … you know, in the last decade especially we’ve just seen a number of these measures to restrict access to voting rights in so many states. … There’s just so many of these that are out there, that it shows the real need that we have.”
The Pocan/Ellison proposal would stipulate that “every citizen of the United States, who is of legal voting age, shall have the fundamental right to vote in any public election held in the jurisdiction in which the citizen resides.”
The proposed amendment did not exactly catch fire on Capitol Hill: after its introduction, the proposal picked up 25 Democratic co-sponsors; en route to being entirely ignored by the political establishment and the House Republican leadership. There’s still no companion bill in the Senate.
I would assume that Pocan and Ellison aren’t surprised by the reception, but as the “war on voting” intensifies, and the Supreme Court’s support for voting rights wanes further, it’s not hard to imagine the demand for their measure growing.
Indeed, a year ago, Norm Ornstein, one of the Beltway’s most respected political scientists, made the case for precisely this kind of constitutional amendment.
We need a modernized voter-registration system, weekend elections, and a host of other practices to make voting easier. But we also need to focus on an even more audacious and broader effort – a constitutional amendment protecting the right to vote…. [T]he lack of an explicit right opens the door to the courts’ ratifying the sweeping kinds of voter-restrictions and voter-suppression tactics that are becoming depressingly common.
An explicit constitutional right to vote would give traction to individual Americans who are facing these tactics, and to legal cases challenging restrictive laws. The courts have up to now said that the concern about voter fraud – largely manufactured and exaggerated – provides an opening for severe restrictions on voting by many groups of Americans. That balance would have to shift in the face of an explicit right to vote. Finally, a major national debate on this issue would alert and educate voters to the twin realities: There is no right to vote in the Constitution, and many political actors are trying to take away what should be that right from many millions of Americans.
That shift in balance is of particular interest. As Matt noted in his piece, “A constitutional right to vote would instantly flip the script on anti-fraud efforts. States would retain a strong interest in developing rules and procedures that make it hard for ineligible voters to vote, but those efforts would be bounded by an ironclad constitutional guarantee that legitimate citizens’ votes must be counted. A state that wanted to require possession of a certain ID card to vote, for example, would have to take affirmative steps to ensure that everyone has that ID card, or that there’s a process for an ID-less citizen to cast a ballot and have it counted later upon verification of citizenship.”
I’m generally skeptical of proposed changes to the Constitution, but that skepticism wanes in the face of a sweeping voter-suppression campaign, unlike anything in my lifetime, that shows no signs of abating.
Don’t be surprised if, in the near future, candidates for Congress and the White House are confronted with a simple question: is it time to add the right to vote to the Constitution?
By: Steve Benen, The Maddow Blog, October 21, 2014
“Outsiders Coordinating With The Insiders”: ‘Citizens United’ Is Turning More Americans Into Bystanders
Are we spending our democracy into oblivion?
This is the time of year when media scribblers bemoan how nasty political campaigns have become. The complainers are accused of a dainty form of historical ignorance by defenders of mud-slinging who drag out Finley Peter Dunne’s 1895 assertion that “politics ain’t beanbag.” Politics has always been nasty, the argument goes, so we should get over it.
In fact, structural changes in our politics are making campaigns more mean and personal than ever. Even Dunne might be surprised. Outside groups empowered by the Supreme Court’s Citizens United decision are using mass media in ways that turn off Americans to democracy, aggravate divisions between the political parties and heighten animosities among citizens of differing views.
Studies of this year’s political advertising show that outside groups are blanketing the airwaves with messages far more negative than those purveyed by the candidates themselves. That shouldn’t surprise us in the least. “Candidates can be held accountable for their ads,” says Robert Weissman, president of Public Citizen, a consumer organization that is trying to encourage candidates to disown “dark money.” “The outside groups are unknown, and have confusing names.”
No one is advertising under the moniker “Influence Peddlers for Crummy Politics.”
There is far too much complacency about big money’s role in this year’s campaigns, on the grounds that both sides have plenty of it. This misses the point. “It doesn’t balance it out if you have billionaire Republicans battling billionaire Democrats,” says Weissman. “You still have billionaires setting the agenda for the election.”
Moreover, a focus just on this year’s competitive Senate and House races misses the enormous impact a handful of very wealthy people can have on state and local campaigns. A new report by the Brennan Center for Justice details how, at a relatively modest cost to themselves, a privileged few can change how government that is supposed to be nearest to the people is actually carried out.
“At this scale, you don’t have to be a Koch brother to be a kingmaker,” the report informs us. Worse, the supposedly “independent” spending of the super-rich kingmakers isn’t independent at all. The report documents how closely the activities of supposedly outside groups are coordinated with insiders and the candidates themselves.
Like everything else in our politics these days, Citizens United is usually debated along ideological lines. Progressives typically hate it. Conservatives usually defend it. But citizens of every persuasion should be worried about what this precedent-shattering decision has unleashed. More than ever, politics is the only profession that regularly advertises against itself. If voters feel cynical, the outside groups — on both sides — are doing all they can to encourage their disenchantment.
A study by the Wesleyan Media Project of ads aired between Aug. 29 and Sept. 11 found that 55 percent of ads in U.S. Senate elections were negative, up from 43.7 percent over the same period in 2010. Wesleyan found that 91.4 percent of the ads run by outside groups in support of Democrats were negative, compared with 41.9 percent of those run by Democratic candidates themselves. For Republicans, 77.9 percent of the group ads were negative, compared with only 12.3 percent of the candidate ads. Negative ads were down slightly in the next two-week period, but there were still more negative commercials run this year than in the comparable period in 2010.
Defenders of massive spending on advertising, positive or negative, will make the case that at least the ads engage voters. Not necessarily, and certainly not this year. Indeed, the Pew Research Center found in early October that only 15 percent of Americans are following the elections “very closely.” Interest in the campaign, says Scott Keeter, director of survey research at Pew, “is the lowest it has been at this point in an off-year election in at least two decades.”
Hardly a day goes by without someone lamenting how polarized our politics has become. Can anyone seriously contend that the current way of running and financing elections is disconnected from the difficulty politicians have in working together? “How are they supposed to get along with the other side the day after the election?” Weissman asks. Writing recently in Foreign Affairs, the sometimes dissident conservative writer David Frum argues that “the radicalization of the party’s donor base has led Republicans in Congress to try tactics they would never have dared use before.”
Thus the tragic irony: Citizens United is deepening our divisions and turning more citizens into bystanders. Our republic can do better.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, October 12, 2014