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“A Law Embedded Then Civil War-Era”: Restoring Voting Rights To Felons Is The Right Thing To Do

Of all the consequences of the nation’s decades-long infatuation with building more and more prisons and locking up more and more citizens, perhaps the most curious is this: More than 4 million Americans who have been released from prison have lost their right to vote, according to the non-profit Sentencing Project.

Even after men and women have served their time — after they have paid their debt to society, as the cliche goes — most states restrict their franchise. It’s an odd idea: Those men and women are harmless enough to release onto the streets, but they can’t be trusted to vote. They have finished serving their sentences, but they are barred from full citizenship.

A disproportionate number of those second-class citizens are black. Because black Americans, particularly men, are locked up at a higher rate than their white peers, this peculiar practice falls heavily on them. Nationwide, one in every 13 black adults cannot vote as the result of a felony conviction, as opposed to one in 56 non-black voters, according to the Sentencing Project, which advocates for alternatives to mass incarceration.

It’s undemocratic, it’s unfair and it’s un-American. While ancient Greek and Roman codes withdrew the franchise from those who had committed serious crimes, most Western countries now see those codes as outdated.

Recognizing that, Virginia Gov. Terry McAuliffe, a Democrat, used his executive power earlier this month to sweep away his state’s laws limiting the franchise for felons. With that action, about 200,000 convicted felons who have completed their prison time and finished parole or probation are now eligible to vote.

McAuliffe noted that Virginia’s law — one of the nation’s harshest and embedded in a Civil War-era state constitution — didn’t hobble the voting rights of black citizens through mere coincidence. That was its purpose. McAuliffe’s staff came across a 1906 report in which a then-state senator gloated about several voting restrictions, including a poll tax and literacy tests, that, he said, would “eliminate the darkey as a political factor in this state in less than five years,” according to The New York Times.

You’d think that McAuliffe’s fellow Virginia politicians, Republicans and Democrats alike, would celebrate his decision. Eliminating barriers to the franchise — especially those with obviously racist roots — can only polish the state’s image and strengthen the civic fabric.

But GOP leaders have objected, accusing McAuliffe of “political opportunism” and a “transparent effort to win votes.” Well, OK. Let’s stipulate that politicians are usually in the business of trying to win votes.

Having conceded that, though, isn’t restoring the voting rights of men and women who have served their time a good idea? If a crime renders a man beyond the boundaries of civilized society, he should be imprisoned for the rest of his life. Otherwise, his crime shouldn’t place him in an inferior caste, without the privileges of full citizenship.

Curiously, though, many conservatives seem to disagree. After Democrat Steve Beshear, then Kentucky’s governor, issued an executive order last year similar to McAuliffe’s, his Republican successor, Matt Bevin, overturned it. Bevin signed a law allowing felons to petition judges to vacate their convictions — a bureaucratic hurdle not easily overcome. Maryland’s GOP governor, Larry Hogan, vetoed a bill to restore voting rights to felons, but the Democratically controlled legislature overrode him.

Those Republican governors are simply following the party’s script, which has focused for the last several years on ways to block the ballot, starting with harsh voter ID laws. While advocates of such laws claim they are meant to protect against voting fraud, the sort of in-person fraud they would prevent hardly exists.

The real motivation for GOP lawmakers is to restrict the franchise from people unlikely to vote for them — especially people of color and millennials. Rather than campaign on a platform that attracts support, they rely on barriers to voting.

That’s wrong. The strength of American democracy depends on persuading more citizens that their votes count; carelessly — or intentionally — disenfranchising those with whom you disagree rends the civic fabric, distorts the political process and stokes the flames of discontent.

We surely don’t need more of that in this political season.

 

By: Cynthia Tucker Haynes, Pulitzer Prize Winner for Commentary in 2007; The National Memo, April 29, 2016

April 30, 2016 Posted by | Citizenship, Criminal Justice System, Terry McAuliffe, Voting Rights | , , , , , , | 2 Comments

“Is Paul Ryan Racist?”: The Continuation Of A History That The Republican Party Just Can’t Ignore

Paul Ryan triggered a firestorm of recrimination this week. Speaking recently on Bill Bennett’s Morning in America radio program, the Wisconsin Republican and self-styled budget wonk linked poverty to “this tailspin of culture, in our inner cities in particular, of men not working and just generations of men not even thinking about working or learning the value and the culture of work.”

Setting aside the factual claim — the notion that poverty is especially concentrated in America’s inner cities is an increasingly antiquated one — these comments elicited a quick and forceful rebuke from Rep. Barbara Lee (D-CA), who decried them as “a thinly veiled racial attack.” She explained: “[W]hen Mr. Ryan says ‘inner city,’ when he says, ‘culture,’ these are simply code words for what he really means: ‘black.’”

Ryan has since backpedaled, protesting that race was nowhere in his thoughts: “This has nothing to do whatsoever with race. It never even occurred to me. This has nothing to do with race whatsoever.”

Maybe so, but there’s a history here that the Republican Party can’t ignore — one that explains why Lee was so quick to jump on his comments, why the Congressional Black Caucus announced themselves “deeply troubled” by remarks they described as “highly offensive” and why so many others have sharply criticized Ryan.

By calling out his use of “code words,” Lee put Ryan in the company of past politicians who have blown the proverbial dog whistle — using surreptitious references to race to garner support from anxious voters. Examples of dog whistling include Barry Goldwater’s endorsement of “states’ rights”; Richard Nixon’s opposition to “forced busing”; Ronald Reagan’s blasts against “welfare queens”; and George H.W. Bush’s infamous Willie Horton ad.

These instances of racial pandering typically have been treated as disconnected eruptions, when in fact the GOP has made a concerted effort to win support through racial appeals. This pattern is so entrenched — and so well known — that two different chairs of the Republican National Committee have acknowledged and apologized for this strategy.

“By the seventies and into the eighties and nineties,” RNC chair Ken Mehlman said in a 2005 speech before the NAACP, “Republicans gave up on winning the African-American vote, looking the other way or trying to benefit politically from racial polarization. I am here today as the Republican chairman to tell you we were wrong.” Five years later, his successor Michael Steele similarly acknowledged that “for the last 40-plus years we had a ‘Southern Strategy’ that alienated many minority voters by focusing on the white male vote in the South.”

Despite the mea culpas, race baiting has continued: recall New Gingrich’s 2012 tarring of Barack Obama as “the best food-stamp president in American history.” Or consider another Gingrich jibe from the last election: “Really poor children in really poor neighborhoods have no habits of working and have nobody around them who works,” he claimed. “So they literally have no habit of showing up on Monday. They have no habit of staying all day. They have no habit of ‘I do this and you give me cash,’ unless it’s illegal.”

What, then, of Paul Ryan? Was he dog whistling? To many, his strong echoing of Gingrich, coupled with the larger GOP history of racial pandering, suggested so. Nor did Ryan help himself by invoking the conservative scholar Charles Murray — a man who co-wrote a controversial 1994 book, The Bell Curve, tying intelligence to race, and who in 2000 explained that genetics will likely show, “One reason that we still have poverty in the United States is that a lot of poor people are born lazy.”

But what of Ryan’s insistence he did not consider race whatsoever, or his later explanation that he had been “inarticulate” in his comments? Perhaps Ryan genuinely did not recognize the racial narrative embedded in his remarks about an inner city culture that devalues work. But at best, this suggests that Ryan has uncritically adopted the charged rhetoric of his party without understanding its racial undertones.

Less charitably, in weighing Ryan’s protestations of innocence, we should be clear that denying racial intent is par for the course in dog whistling. The whole point of speaking in coded terms is to transmit racial messages that can be defended as not about race at all. Today’s broadly shared anti-racist ethos condemns naked appeals to racial solidarity; those politicians who nevertheless seek to trade on racial provocations must do so in ways that maintain plausible deniability.

Another defense is to insist that Ryan is no bigot. Here’s one version, from Republican political strategist Ron Christie: “Rep. Paul Ryan (R-WI) is not racist nor did he blow a ‘dog whistle’ to launch a thinly veiled racist attack against black people. I offer this from the perspective of someone who has known Paul for more than 20 years: there is not a racist bone in his body.” The fact that Christie is black no doubt lends credibility to his testimony.

But this retort misses the point. Dog whistling is not rooted in fiery hatred but rather in cool calculation — it’s the strategic, carefully considered decision to win votes by stirring racial fears in society. Suppose we stipulate that Ryan is no bigot. So what? The question is not one of animus on Ryan’s part, but of whether — as a tactical matter — he sought to garner support by indirectly stimulating racial passions.

Of course, an individual’s mindset in any particular instance is almost impossible to know. We cannot be certain what Ryan intended. Nevertheless, there’s no doubt that Ryan employed rhetoric closely connected to a dismal history of Republican racial demagoguery.

Barbara Lee was correct to respond forcefully. In our political culture, dog whistling all too often takes the form of warnings about a “tailspin of culture” in the “inner cities” and “generations of men not even thinking about working.” Sharply rebuked, hopefully Ryan and others will think twice — or, if Ryan is to be believed, then think for the first time — about using political rhetoric imbued with ugly racial stereotypes.

 

By: Ian Haney Lopez, Law Professor at UC Berkeley and Senior Fellow at Demos; Moyers and Company, Bill Moyers Blog, March 16, 2014

March 17, 2014 Posted by | Paul Ryan, Poverty, Racism | , , , , , , | 1 Comment

   

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