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“The Power Of The Franchise”: Voting Still Matters When It Comes To Political Clout

More than a half-century after brave protesters marched and bled and died to demand the right to vote for black citizens, the ballot box remains a potent weapon for civic and political change — a radical undertaking that can shake up social systems and correct inequities and injustices. If there is any good news in the untimely death of Michael Brown, it’s that the black residents of Ferguson, Missouri, have been reminded of the power of the franchise.

As protests have ebbed and activists have sought solutions to police brutality, they’ve started to register Ferguson’s underrepresented black citizens to vote. That won’t solve every problem, nor will it produce instant results, but it’s certainly one obvious avenue toward social change.

It took tragedy and weeks of unrest — the unarmed Brown, a black teenager, was killed by a white police officer on August 9 — to awaken a sense of urgency. Even as the two elections of President Obama proved, once again, the persuasiveness of the ballot, many Americans, especially those in historically oppressed ethnic groups, failed to appreciate its power in state and local affairs.

As the demographics of Ferguson have changed over the last 10 to 20 years, its newer residents have not exercised their political clout. The city was about 80 percent white in 1980, but its white population was down to less than 33 percent by 2010, according to the U.S. Census. You wouldn’t know that from looking at its local leaders.

The city council of six has just one black member; the school board comprises six whites and one Latino. Of the 53 sworn police officers on the force, just three are black. That helps explain a law enforcement agency that shows disrespect and hostility toward its black citizens.

There is a danger, of course, in exaggerating the power of politicians to change the habits formed from centuries of racial injustice or to correct systemic inequities that remain stubbornly entrenched. Obama, indeed, is a case in point. He has attracted a noisy, if tiny, group of black detractors who regularly denounce him for failing to appreciably roll back the racism that has haunted black America for generations.

He has been criticized for failing to adopt a “black agenda” that would employ black Americans and close the gap between white and black earning power. He has been excoriated for occasionally reminding black audiences that hard work and responsible conduct engender success, even as racism remains a cultural force. He has even been castigated for failing to speak out more forcefully against police misconduct in Ferguson.

It’s understandable that there’s a degree of frustration and disappointment that Obama’s election hasn’t done more to mitigate historic forces. After his election in 2008, it seemed that barriers to black success would fall rapidly. Instead, there remains a significant gap in most measures of economic well-being, starting with the unemployment rate. While about 6.6 percent of whites are currently unemployed, about 12.6 percent of blacks are jobless.

That gap hasn’t changed in 50 years, and educational attainment doesn’t alter it appreciably. While the unemployment rate is lower for black college grads than for blacks with high school diplomas, there is still more joblessness among blacks with college degrees than among whites with similar educations.

There’s not much Obama, or any president, can do to change that. Still, elections matter because politicians can encourage progress in any number of ways, large and small. The Affordable Care Act — or Obamacare — is just one example of that. While its provisions apply to all Americans, it affects blacks disproportionately because they are less likely to be able to afford policies without it.

If the vote didn’t matter, Republicans would not have worked so hard over the last decade to block the franchise. They’ve pushed through voter ID laws, cut back early voting and purged voter rolls — all in an effort to block a few voters of color, a cohort that tends to vote for Democrats. That’s testimony to the enduring power of the vote, a power that Ferguson’s black citizens should put to good use.

 

By: Cynthia Tucker, The National Memo, August 30, 2014

August 31, 2014 Posted by | Ferguson Missouri, Voter Suppression, Voting Rights | , , , , , , | Leave a comment

“The True Bounds Of Executive Authority”: The Possession Of Great Power Necessarily Implies Great Responsibility

With Congress mired in gridlock, President Obama has vowed to use “a pen and a phone” to accomplish some of his policy goals. Last week, he doubled down by promising to act on one of the nation’s most divisive and important issues — immigration — before the rapidly approaching end of summer. Such executive action has outraged his political foes. To be sure, any ambitious path of executive action must be conducted in a manner consistent with the law and the appropriate role of coordinate branches. But should we snap to attention when we hear hyperventilating about his supposed abuse of power? At least so far, hardly.

All presidents have significant power to advance policy goals through executive action. That power is limited by the Constitution, above all else. The Supreme Court has made it clear that when Congress has not acted, and no federal law blocks it, the president has considerable leeway to act. Through the years, presidents of both parties have used the tools at hand. Ronald Reagan reined in regulatory agencies. Bill Clinton declared major swaths of land off limits for development, and cracked down on tobacco. George W. Bush made major moves to limit stem cell research. And presidents (including this one) have used, and often abused, executive authority when it comes to national security, often moving in secret.

Where does President Obama stack up in this hall of presidents? In fact, so far, he has not been especially more aggressive than his predecessors. He issued executive orders at a slower pace than any president since Grover Cleveland. Quantity is not quality, but the orders he has issued have not been particularly bold — no seizing steel mills (as Harry Truman did) or sending the National Guard to Little Rock (as Dwight Eisenhower did). One unilateral power clearly given to the president by the Constitution is the pardon power. Here, too, Obama has issued fewer pardons and grants of clemency to prisoners serving unjust sentences than most presidents.

This has not stopped his political opponents from screaming that he is abusing his power. The House of Representatives recently voted to sue him for one act of supposed overreaching: delays in implementing the employer mandate and other parts of the Affordable Care Act. Set aside the weirdness of such a claim (this is the same House that wants to repeal the same law). Once a bill is passed by Congress, the executive branch has the authority to execute it. Realistically, putting complex statutes such as the ACA into place will have bumps in the road. In this case, it turned out that the ACA could not be accomplished as quickly as hoped — in part because several states refused to cooperate. But presidents have delayed implementation of laws in the past without arousing ire. George W. Bush used his executive authority in 2004 to waive penalty fees for seniors who signed up late for Medicare Part D, another contentious health care law.

Will the president’s use of executive power to advance his goals on immigration reform be constitutional? Depends. No president has authority to do a complete immigration overhaul by fiat. And we don’t fully know what is contemplated, which must of course meet the test of legality. But this president, as any president, has ample room for action. He has asked for a set of formal recommendations from Homeland Security Secretary Jeh Johnson, and has looked at expanding the Deferred Action for Childhood Arrivals (DACA) program to allow for deferred deportations, at the discretion of federal prosecutors. It makes perfect sense for the president to use his finite resources in a way that is fiscally responsible and protects the public interest. Indeed, he has already done so on a smaller scale two years ago when he created DACA to ceased deportation of young immigrants who met certain criteria.

The government cannot deport everyone; it simply doesn’t have the capacity. Prioritizing deporting violent criminals is hardly earth-shattering, or Constitution-shattering. Law enforcement and prosecutors exercise discretion all the time in determining which cases to investigate and prosecute. In the real world of an “under-resourced” system, choosing how to allocate the resources that Congress does give him is clearly within the president’s purview.

Our government functions on a system of checks and balances. It’s true that the Constitution grants Congress more powers than the president. But, as William Lamb, 2nd Viscount Melbourne, said during a debate in Parliament in 1817, “the possession of great power necessarily implies great responsibility” (150 years later, Spider-Man agreed). A paralyzed Congress has abdicated its responsibility and spurred the president to act. President Obama is simply is doing what he must do to keep the United States running.

 

By: Inimai Chettiar, Director, Justice Program, Brennan Center for Justice at NYU Law; The Hufington Post Blog, August 29, 2014

 

August 30, 2014 Posted by | Congress, Constitution, Executive Orders | , , , , , , , | Leave a comment

“Rand Paul’s Fair-Weather Compassion”: How An Ideology Can Cause Terrible Misery

If you haven’t seen the video or photos yet, trust me, you will. Rand Paul in blue scrubs and hiking boots, bringing sight to the blind in an operating room in Guatemala — could there be a more perfect visual for a White House hopeful? And that’s before we even get to the metaphors about restoring vision and fixing problems.

A flattering segment on NBC’s Meet the Press was just the start of extracting the gold from this rich political vein. Campaign ads inevitably will feature video of the senator-surgeon performing the pro bono eye operations, as will a Citizens United documentary about Paul. The conservative group sent a camera crew and a drone to shoot footage him in action in Guatemala.

Let’s stipulate that whatever you think of Paul’s views or the political entourage he brought along, the Kentucky Republican transformed lives on that trip. It was a wonderfully compassionate volunteer act — and that’s where things get complicated.

Paul has been working steadily to create his personal brand of compassionate conservatism, and it’s more substantive than outreach. His causes include restoring voting rights to felons, reforming drug sentencing laws and — after Ferguson — demilitarizing the police. He is a champion of charter schools, which many black parents are seeking out for their children. He has proposed economic incentives to try to revive Detroit. He and Democratic senator Cory Booker are pushing legislation to make it easier for people to create new lives — including expunging or sealing convictions for some juveniles and lifting bans on post-prison food stamps and welfare benefits for some offenders.

All of that is broadly appealing. It’s also consistent with libertarian and conservative principles such as more personal choice, less government intrusion, lower taxes and — in the case of the prison and sentencing reforms — saving government money by reducing recidivism and prison populations. The emphasis is on the “conservative” part of the phrase.

The man who invented the brand and rode it all the way to the White House, George W. Bush, focused on the compassion part. To the dismay of conservatives, he enlarged the federal role in education (he called it “the civil rights issue of our time” and signed the No Child Left Behind Act) and spent a bundle of borrowed money to fight AIDS in Africa, launch a Medicare prescription drug program and try to impose democracy on Iraq.

What you might call fair-weather compassion — compassion that’s limited to policies that cut spending or, at the very least, don’t cost more — is a conservative hallmark in the post-Bush era. But Paul trumped his colleagues and won plaudits from groups like FreedomWorks with a 2013 budget that would have balanced in a lightning-fast five years. It repealed the Affordable Care Act and killed the departments of Commerce, Education, Energy, and Housing and Urban Development. It also privatized Medicare, allowed private Social Security accounts, and shifted Medicaid and food stamps — designed to grow and shrink depending on need — to a system of capped grants to the states. “Gut” was the liberal verb of choice.

Paul’s 2011 budget blueprint would have phased out all foreign aid. “This would cause misery for millions of people on AIDS treatment. It would betray hundreds of thousands of children receiving … malaria treatment,” former Bush aide Michael Gerson said last weekend on NBC after the Paul-in-Guatemala segment aired. “This is a perfect case of how a person can have good intentions but how an ideology can cause terrible misery.”

The ACA, with its premium subsidies and Medicaid expansion, is designed to help just the types of people Paul served in Guatemala. In fact, more than 290,000 newly eligible people had signed up for Medicaid in his home state by mid-April. Yet last year Paul was willing to shut down the government in an attempt to defund the law.

Paul did not release a budget this year, and he said in May that he is “not sure” that Kentucky’s ACA insurance marketplace (Kynect) should be dismantled. Is he giving himself some room to maneuver? Unclear. He continues to favor repeal of the entire ACA and seems most concerned about its impact on local hospitals. One had to lay off 50 people due to the law, he said, so “now we’ve got more people in the wagon, and less people pulling the wagon.”

What he said was debatable — CNHI News Service reported that the hospital, T.J. Samson in Glasgow, is expected to do better financially under the new health law than it did under previous policies. Beyond that, does Paul really want to snatch Medicaid away from nearly 300,000 of his least fortunate constituents? The answer to that question will help determine whether those compassionate images from Guatemala are merely images, or something more.

 

By: Jill Lawrence, The National Memo, August 28, 2014

August 29, 2014 Posted by | Compassionate Conservatism, Rand Paul | , , , , , , , , | Leave a comment

“Will The Voters Listen?”: The Tape Doesn’t Lie; Mitch McConnell Is Serious About Another Shutdown

One week ago, when Senate Minority Leader Mitch McConnell (R-KY) gave an interview vowing that a Republican Senate majority would attach partisan riders to spending bills in an effort to blackmail President Obama into rolling back his agenda — a tactic that would almost certainly lead to another government shutdown — his campaign tried to walk back his remarks.

“Evidently Alison Lundergan Grimes’ interpretation of how the U.S. Senate works is that senators must rubber-stamp President Obama’s agenda or the government shuts down,” McConnell spokeswoman Allison Moore said in response to the Democratic candidate’s critique of McConnell’s strategy. “Unlike Grimes’ commitment to the Obama agenda, Senator McConnell will fight for Kentucky priorities whether the president is interested in them or not.”

But new audio obtained by The Nation confirms that McConnell meant exactly what he said. In a June 15 speech to a Republican donor conference led by Charles and David Koch, McConnell was secretly recorded laying out largely the same case that he pitched to Politico last week:

So in the House and Senate, we own the budget. So what does that mean? That means that we can pass the spending bill. And I assure you that in the spending bill, we will be pushing back against this bureaucracy by doing what’s called placing riders in the bill. No money can be spent to do this or to do that. We’re going to go after them on health care, on financial services, on the Environmental Protection Agency, across the board (inaudible). All across the federal government, we’re going to go after it.

To be clear: If Republicans load must-pass appropriations bills with riders to undo the Affordable Care Act, the Dodd-Frank financial reform law, or any other key Democratic achievements, President Obama will veto them. Unless Republicans relent, the government will shut down. McConnell’s campaign (and some impartial observers like Bloomberg View columnist Jonathan Bernstein) may claim that that isn’t the minority leader’s intent, but without the shutdown threat, Republicans would have no leverage to “go after” the Democratic agenda.

McConnell had plenty else to say at the Koch gathering (for example, he remarked that “the worst day of my political life was when President George W. Bush signed McCain-Feingold into law,” suggesting that campaign finance reform outranks 9/11 on his list of disasters). But the promise of more congressional brinksmanship will likely prove to be the key takeaway, given the obvious political implications.

Nobody should be surprised that McConnell is eager to escalate a confrontation with the White House. After all, he’s far from the only Republican to promise it. Earlier this week, Marco Rubio made similar remarks with regard to immigration. Over in the House, startlingly influential Rep. Steve King (R-IA) did the same.

Republicans are being quite honest about what the GOP would do with control of Congress. At this point, the only question is whether voters will listen.

 

By: Henry Decker, The National Memo, August 27, 2014

 

August 29, 2014 Posted by | Government Shut Down, Mitch Mc Connell, Republicans | , , , , , , , | Leave a comment

“McConnell’s Genius Pitch”: Vote GOP, Get Another Shutdown

Senate Minority Leader Mitch McConnell (R-KY) is often hailed as one of Washington’s most tactically cunning politicians, and for the most part it’s true. But McConnell does have a serious political flaw: His tendency to actually tell the truth about those tactics.

Senator McConnell did it again in an interview with Politico, published on Wednesday. Previewing a Republican-controlled Senate, McConnell made it clear that he plans to escalate congressional confrontation with the president, potentially leading to another government shutdown:

In an extensive interview here, the typically reserved McConnell laid out his clearest thinking yet of how he would lead the Senate if Republicans gain control of the chamber. The emerging strategy: Attach riders to spending bills that would limit Obama policies on everything from the environment to health care, consider using an arcane budget tactic to circumvent Democratic filibusters and force the president to “move to the center” if he wants to get any new legislation through Congress.

In short, it’s a recipe for a confrontational end to the Obama presidency.

“We’re going to pass spending bills, and they’re going to have a lot of restrictions on the activities of the bureaucracy,” McConnell said in an interview aboard his campaign bus traveling through Western Kentucky coal country. “That’s something he won’t like, but that will be done. I guarantee it.”

When asked if this strategy could force a government shutdown, McConnell “said it would be up to the president to decide whether to veto spending bills that would keep the government open.”

“He could,” McConnell later said of the probability that President Obama would veto must-pass appropriation bills that are loaded with riders to undo policies that the White House supports. “Yeah, he could.”

It’s difficult to overstate what a horrible idea this is. Although some Republicans may not have noticed it, the last government shutdown was a debacle. The GOP’s hopeless effort to blackmail President Obama into defunding the Affordable Care Act failed miserably, wasting $24 billion and dragging Republicans’ poll numbers into the sewer along the way.

The poll numbers haven’t really recovered, but the combination of President Obama’s own political struggles and a very favorable electoral map still have them set up to make gains in 2014. In fact, Republicans have a good chance of winning the Senate. But promising to ramp up the brinksmanship that caused the last shutdown gives Democrats their best argument for why voters should deny Republicans full control of Congress.

Democrats recognize this, of course; numerous party leaders have already turned McConnell’s remarks against him, and they are certain to resurface in Democratic campaign pitches from now until November. Alison Lundergan Grimes, the Democrat giving McConnell the fight of his career in Kentucky’s Senate race, surely appreciates the minority leader’s Kinsley gaffe most of all.

If Republicans do manage to win the majority and follow through on McConnell’s threat, it would virtually guarantee that they don’t hold control for long. The 2016 Senate map is as favorable to Democrats as this year’s is to the GOP. It will be difficult enough for Republicans to hold on to seats in blue states like Florida, Illinois, New Hampshire, Pennsylvania, and Wisconsin; if they spend the next two years threatening vital services for the sole purpose of making a hopeless ideological stand, it will be nearly impossible.

 

By: Henry Decker, The National Memo, August 21, 2014

August 22, 2014 Posted by | GOP, Government Shut Down, Mitch Mc Connell | , , , , , , | Leave a comment