Jeb Bush appears before the Urban League today — the only other Republican candidate who accepted their invitation was Ben Carson — where he will tell them that antipoverty programs have failed, and the path to greater success for African-Americans is the one the GOP wants to pave. Politically, Bush surely wants credit for showing up in front of an audience not exactly guaranteed to be friendly. As Eli Stokols noted, “Just about everywhere Jeb Bush goes, he talks about his willingness to go everywhere.”
But at a moment when his party is fighting with all its might to limit the number of African-Americans who make it to the polls, it’s going to be awfully hard to make a case that the GOP has their interests at heart.
That issue is on display in a trial now going on in North Carolina. But before we get to that, here’s part of what Bush had to say:
“I know that there are unjust barriers to opportunity and upward mobility in this country. Some we can see, others are unseen but just as real. So many lives can come to nothing, or come to grief, when we ignore problems, or fail to meet our own responsibilities. And so many people could do so much better in life if we could come together and get even a few big things right in government.”
That’s about as close as he came to acknowledging that racism exists, and about as much on the topic as you’ll hear from any Republican. And while Jeb will happily tout his record on things like charter schools as helping African-Americans, one topic he didn’t raise was voting rights. That may be because on that subject, his hands are as dirty as anyone’s.
When he was governor of Florida, Bush’s administration ordered a purge of the voter rolls that disenfranchised thousands of African-Americans, in a happy coincidence that made it possible for his brother to become president. The private corporation they hired to eliminate felons from the rolls did so by chucking off people who had a name similar to those of felons; people who had voted all their lives showed up on election day to be told that they couldn’t vote.
The remarkable outcome taught Republicans an important lesson. Here you had an election in which their candidate got fewer votes than his opponent, and the whole thing was decided in a state where his brother was the governor and the co-chair of his state campaign was the state’s chief election official. He won by an official margin of 537 votes, and the purge was just one of the things that made it possible. The lesson was this: when it comes to voting, we can get away with almost anything. What came out of that election, as Ari Berman documents, was a wave of Republican efforts to win elections by keeping people less likely to vote Republican from being able to cast a ballot. African-Americans aren’t the only people on that list, but they’re at the top.
So we see cases like North Carolina, where once the conservatives on the Supreme Court gutted the Voting Rights Act — a landmark law for which some African-Americans literally gave their lives — the state rushed to pass a menu of voting restrictions, all of which are designed to reduce the number of non-Republicans who make it to the polls. Young people are more likely to vote for Democrats? The North Carolina law eliminated pre-registering, where teenagers can register before they turn 18 if they’ll be of age on election day. African-Americans are disproportionately more likely to lack a photo ID? The law requires it. African-American churches mount “souls to the polls” efforts, bringing people to vote early on the Sunday before election day? The law ends early voting on that Sunday.
This law is on trial in a federal courtroom in Winston-Salem; closing arguments are happening today. To be honest, whatever happens in that trial, the five conservatives on the Supreme Court have made it clear that they are quite open to all kinds of restrictions on voting rights. So from a practical standpoint, Republicans may continue to enjoy success in their efforts to make voting as inconvenient and difficult as possible, at least for the wrong people.
But if Jeb Bush is wondering whether he can get African-Americans to vote for him, the answer is almost certainly no, and the continuing struggle over voting rights is one big reason. It’s awfully hard to convince African-Americans you love them when you’re still on the wrong side of a conflict that was at the center of the civil rights struggle. African-Americans look at places like Florida, North Carolina, Texas, or Wisconsin — or almost every state where Republicans are in charge — and say, “They’re still trying to keep us from voting, half a century after the Voting Rights Act!”
If Bush really wants to be a different kind of Republican, he could try to end the Republican war on voting rights. He could say, “We can have a secure voting system, and still make it easy and convenient for every American citizen to vote.” Because it really wouldn’t be that hard. He could advocate extended early voting (including Sundays), and looser identification measures that are geared toward allowing every legitimate voter to cast their ballot, not shutting out as many people as possible. He could acknowledge that in-person voter impersonation, the only kind of fraud that ID requirements can stop, is so incredibly rare (one investigation found only 31 cases in over a billion ballots cast between 2000 and 2014), that it’s wrong to disenfranchise thousands of people on the off-chance you might stop it. He could acknowledge that members of his party have used voting restrictions as a way to give themselves partisan advantage.
Or he could hope that showing up to the Urban League and shaking black people’s hands will be enough to wipe out decades of history, his own and his party’s. I’m pretty sure that won’t do the trick.
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line Blog, The Washington Post, July 31
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August 1, 2015
Posted by raemd95 |
African Americans, Jeb Bush, Voting Rights | Anti-Poverty Programs, Florida, GOP, National Urban League, North Carolina, Racism, SCOTUS, Voter Suppression, Voting Rights Act |
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Why do people work?
That question is at the center of the conservative case against anti-poverty programs. Republicans like Rand Paul conclude that policies like disability insurance or the Earned Income Tax Credit take away a key motivation — putting food on the table — that propels people to look for work. Thus these policies must be reducing labor supply and economic growth.
Liberals often don’t confront this point head-on, arguing instead that it’s unjust for people to starve because they’re out of work. It’s an inevitability, given that conventional understandings of market capitalism require around one out of 20 people to be unemployed at all times.
This is a good point, but the conservative argument is worth confronting on the merits. While there is an inherent trade-off between work and economic output, the story is not so simple as conservatives make out. Austerity — which often requires cutting anti-poverty programs — also kills labor supply.
For an example of the conservative position, let’s go to Daniel Mitchell, who wrote up some new findings from the National Bureau of Economic Research:
The mid-1990s welfare reform apparently helped labor supply by pushing recipients to get a job. Disability programs, by contrast, strongly discourage productive behavior, while wage subsidies such as the earned-income credit ostensibly encourage work but also can discourage workforce participation for secondary earners in a household. [The Federalist]
There is some surface plausibility to this argument. Social Security reduced poverty among the elderly by 71 percent, but in so doing probably also reduced the number of old people working. On some margin, there is a trade-off between work and poverty reduction, because a lot of jobs suck and people will quit them if they can.
However, it leaves a great deal out. Most critically, it doesn’t consider the business cycle. At the bottom of the Great Recession, for instance, the ratio of job seekers to job openings was nearly seven to one. That means it was mechanically impossible for six out of seven unemployed people to get jobs then. In order for “pro-work” welfare reform to have a prayer of working, the jobs you’re pushing people into actually have to exist.
In other words, when there is a recession, fiscal and monetary stimulus is the way to preserve labor supply, and austerity is the way to destroy it. But if you refuse to accept the logic of aggregate demand, as Mitchell did back in the very pit of the Great Recession, you’re stuck arguing that soup kitchens caused the Great Depression.
The international context presents an even more obvious problem. The conservative account of anti-poverty programs straightforwardly implies that the larger the welfare state, the lower the labor force participation rate (that is, the fraction of people who are working or actively looking for a job). If people don’t have to work due to generous government benefits, then they won’t work.
This doesn’t remotely comport with the evidence. In point of fact, by developed world standards, the U.S. welfare state is extremely stingy and our labor force participation rate is quite low. Take Sweden, for instance. It boasts the welfare benefits of Ayn Rand’s deepest nightmares: universal health and dental insurance, 480 days of paid parental leave per child, a monthly child benefit of about $120 up through age 16, two weeks sick leave, government pension at age 65, and so on.
Overall, if we look just at market incomes, then Sweden has about the same market poverty rate as the U.S. — but its welfare benefits cut the actual poverty rate down to half that of the U.S. That’s the scale of transfers we’re talking about, and other Nordic nations do even better. Yet Sweden’s labor force participation rate was 64.1 percent as of two years ago, more than a percentage point better than the U.S. rate, which has been hovering below 63 percent for the last couple years.
Again, at some point there has to be a trade-off between work and output. In decades previous, the U.S. beat European nations in labor force participation, because those nations chose relatively more free time as they became richer, instead of maniacally ratcheting up GDP for its own sake.
But correct macroeconomic policy also matters a great deal. If there is a catastrophic collapse in aggregate demand that is not fixed for years and years, that’s also going to burn up labor supply — in a way that is both cruel and pointless.
By: Ryan Cooper, The Week, April 28, 2015
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April 29, 2015
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Austerity, Conservatives, Poverty | Anti-Poverty Programs, Economic Growth, GOP, Labor Supply, Rand Paul, Sweden, Unemployment, Welfare Reform |
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In the Tea Party’s America, families must mortgage their home to pay for their mother’s end-of-life care. Higher education is a luxury reserved almost exclusively to the very rich. Rotten meat ships to supermarkets nationwide without a national agency to inspect it. Fathers compete with their adolescent children for sub-minimum wage jobs. And our national leaders are utterly powerless to do a thing.
At least, that’s what would happen if the Tea Party succeeds in its effort to reimagine the Constitution as an antigovernment manifesto. While the House of Representatives pushes Rep. Paul Ryan’s (R-WI) plan to phase out Medicare, numerous members of Congress, a least one Supreme Court justice, and the governor of America’s second-largest state now proudly declare that most of the progress of the last century violates the Constitution.
It is difficult to count how many essential laws would simply cease to exist if the Tea Party won its battle to reshape our founding document, but a short list includes:
- Social Security and Medicare
- Medicaid, children’s health insurance, and other health care programs
- All federal education programs
- All federal antipoverty programs
- Federal disaster relief
- Federal food safety inspections and other food safety programs
- Child labor laws, the minimum wage, overtime, and other labor protections
- Federal civil rights laws
Indeed, as this paper explains, many state lawmakers even embrace a discredited constitutional doctrine that threatens the union itself.
What’s at stake
The Tea Party imagines a constitution focused entirely upon the Tenth Amendment, which provides that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”—which is why their narrow vision of the nation’s power is often referred to as “tentherism.” In layman’s terms, the Tenth Amendment is simply a reminder that the Constitution contains an itemized list of federal powers—such as the power to regulate interstate commerce or establish post offices or make war on foreign nations—and anything not contained in that list is beyond Congress’s authority.
The Tea Party, however, believes these powers must be read too narrowly to permit much of the progress of the last century. This issue brief examines just some of the essential programs that leading Tea Partiers would declare unconstitutional.
Social Security and Medicare
The Constitution gives Congress the power “to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States,” thus empowering the federal government to levy taxes and leverage these revenues for programs such as Social Security and Medicare. A disturbingly large number of elected officials, however, insist that these words don’t actually mean what they say.
In a speech to the conservative American Legislative Exchange Council, Texas Gov. Rick Perry listed a broad swath of programs that “contradict the principles of limited, constitutional government that our founders established to protect us.” Gov. Perry’s list includes Medicare and “a bankrupt social security system, that Americans understand is essentially a Ponzi scheme on a scale that makes Bernie Madoff look like an amateur.” And Perry is hardly the only high-ranking elected official to share this view.
Sen. Mike Lee (R-UT) mocked President Franklin Delano Roosevelt for calling upon the federal government to provide “a decent retirement plan” and “health care” because “the Constitution doesn’t give Congress any of those powers.” Rep. Bob Goodlatte (R-VA), who engineered the House of Representatives’s dramatic reading of the Constitution earlier this year, claimed that Medicare and Social Security are “not in the Constitution” and are only allowed to exist because “the courts have stretched the Constitution to say it’s in the general welfare clause.” Sen. Tom Coburn (R-OK) said we should eliminate Medicare because “that’s a family responsibility, not a government responsibility.”
Because this erroneous view of our founding document is rooted in an exaggerated view of the Tenth Amendment’s states rights’ provision, many so-called tenthers claim that eliminating Social Security and Medicare wouldn’t necessarily mean kicking millions of seniors out into the cold because state governments could enact their own retirement programs to pick up the slack. This proposal, however, ignores basic economics.
Under our current system, someone who begins their career in Ohio, moves to Virginia to accept a better job offer, and then retires in Florida pays the same federal taxes regardless of their residence. These taxes then fund programs such as Medicare and Social Security. If each state were responsible for setting up its own retirement system, however, the person described above would pay Ohio taxes while they worked in Ohio, Virginia taxes while they lived in Virginia, and would draw benefits from the state of Florida during their retirement. The state which benefited from their taxes would not be the same state that was required to fund their retirement, and the result would be an economic death spiral for states such as Florida that attract an unusually large number of retirees.
For this reason, tenther proposals to simply let the states take over Social Security and Medicare are nothing more than a backdoor way to eliminate these programs altogether. If the Tea Party gets its way, and our nation’s social safety net for seniors is declared unconstitutional, millions of seniors will lose their only income and their only means to pay for health care.
Medicaid, the State Children’s Health Insurance Program, and other health care programs
The Tea Party’s constitution has plenty of bad news for Americans below the retirement age as well. Rep. Virginia Foxx (R-NC), for example, recently claimed that any federal involvement in health care whatsoever is unconstitutional because “the words ‘health care’ are nowhere in the Constitution.”
Sen. Coburn lumped Medicaid in with Medicare when he claimed that providing for the frailest Americans is a “family responsibility,” and Gov. Perry includes Medicaid on his list of programs that “contradict[] the principles of limited, constitutional government.” Sen. Mike Lee’s (R-UT) claim that “the Constitution doesn’t give Congress” any authority over health care is a blanket statement encompassing all federal health programs.
If this vision were to be implemented, all federal health care programs would simply cease to exist and millions of Americans would lose their only access to health insurance.
Education
Education is also on the Tea Party’s chopping block. Rep. Scott Garrett (R-NJ) routinely grills education secretaries at congressional hearings, insisting that the Constitution does not authorize any federal involvement in education. Similarly, Rep. Foxx insists that “we should not be funding education” because she insists doing so violates the Tenth Amendment. And Sen. Coburn does not “even think [education] is a role for the federal government.”
In its strongest form, this position wouldn’t just eliminate federal assistance for state-run public schools. It would also eliminate programs enabling Americans to pay for their college education. Millions of students would lose their Pell Grants and federal student loans if the Tea Party’s full vision of the Constitution were implemented.
Some tenthers, however, offer a slightly less drastic position. It is commonplace for the federal government to grant money to the states if those states agree to comply with certain conditions. Federal law, for example, provides generous public education grants provided that states gather data on student achievement and comply with other such conditions. Many Tea Partiers argue that these conditions violate the Constitution. Thus, Rep. Blake Farenthold (R-TX), claims that the Constitution only permits the federal government to provide states with “block grants.”
The truth, however, is that the federal government has never told states how to educate their children—and it could not do so if it tried. Under a Supreme Court decision called Printz v. United States, federal laws ordering a state to take a specific action actually do violate the Tenth Amendment. So, the state of Texas is perfectly free to turn down federal grants if they do not like the conditions attached to them.
Moreover, it is not clear how federal grants of any kind can exist if Congress is not allowed to attach conditions to them. If Congress cannot constitutionally require states to spend grant money on standardized testing, for example, how can they require that it be spent on education and not on building a new wing for the governor’s mansion? Thus, even the slightly more moderate position advocated by people like Rep. Farenthold would likely eliminate the federal government’s ability to provide educational assistance to low-income students or otherwise help fund public schools.
Antipoverty programs, federal disaster relief, and other help for the less fortunate
Sen. Lee would go even further in cutting off assistance for low-income Americans. In an interview with a Utah radio host, Lee claimed that the framers intended all antipoverty programs to be dealt with exclusively at the state level. This would not only eliminate programs like income assistance and food stamps, it could threaten unemployment insurance, federal job training, and other programs intended to provide a bridge out of poverty.
In the same interview, Sen. Lee claimed that federal relief for hurricane, earthquake, tornado, and other disaster victims is “one of many areas where we ought to focus on getting that power back to the states,” a position that would kill the Federal Emergency Management Agency and prevent the nation as a whole from rallying to the support of a state whose financial resources are overwhelmed by a major natural disaster.
Food safety
Sen. Lee also claims that “the framers intended state lawmakers deal with” food safety in this same radio interview. This position would not simply endanger the residents of states with inadequate regulation of their food supply, it would also create costly and duplicative state inspection programs and impose logistical nightmares on food-importing states.
If a cow is raised in Texas, slaughtered in Oklahoma, and then sold as steaks in New York, which state is responsible for inspecting the meat? The likely answer is that all three states would have their own system of laws, tripling the regulatory compliance costs for the meat producer.
Moreover, if New York decides that Oklahoma’s inspections’ regime is inadequate, its only recourse would be to require meat producers to submit their products to a customs check at the border before it could be sold in that state. The result would be higher taxes for New Yorkers forced to pay for these customs stations, and higher costs for businesses forced to submit to inspections every time they brought food across a state border.
Child labor laws, the minimum wage, overtime, and other labor protections
Nearly 100 years ago, the Supreme Court declared federal child labor laws unconstitutional in a case called Hammer v. Dagenhart. Twenty-two years later, the Court recognized that Hammer’s holding was “novel when made and unsupported by any provision of the Constitution,” and unanimously overruled this erroneous decision.
Sen. Lee, however, believes that, while Hammer might “sound harsh,” the Constitution “was designed to be that way. It was designed to be a little bit harsh,” and thus we should return to the world where federal child labor laws are unconstitutional. Moreover, Lee has a very powerful ally prepared to sweep away nearly all national protections for American workers.
Under existing Supreme Court doctrine, Congress’s authority to “regulate commerce … among the several states” includes the power to regulate the roads and railways used to transport goods in interstate commerce, as well as the goods themselves and the vehicles that transport them. Additionally, Congress may regulate activities that “substantially affect interstate commerce.” This “substantial effects” power is the basis of Congress’s authority to make labor laws universal throughout all places of employment.
Yet Justice Clarence Thomas claimed in three separate cases—U.S. v. Lopez, U.S. v. Morrison, and Gonzales v. Raich—that this “substantial effects” test is “at odds with the constitutional design.” It is possible that Thomas’s vision would still allow some limited federal labor regulation—such as a law prohibiting children from becoming railway workers—but anything resembling the essential web of federal laws that protect American workers today would be impossible.
Civil rights laws
Shortly after he won his party’s nod to be a U.S. Senate candidate, Sen. Rand Paul (R-KY) revealed that he opposes the federal bans on whites-only lunch counters and race discrimination in employment. In a rambling interview with MSNBC’s Rachel Maddow, Paul explained that, while he believes that Congress may ban discrimination from “public institutions,” he does not support antidiscrimination laws that regulate private business.
As Sen. Paul suggested in that interview, these basic civil rights laws—like national laws banning child labor and establishing a minimum wage—can be snuffed out of existence if Congress’s power to enact commercial regulations is read too narrowly.
In 1964, the Supreme Court unanimously upheld the federal ban on whites-only lunch counters—once again relying on the “substantial effects” test to do so. For this reason, it is likely the Justice Thomas would strike down this and other federal laws protecting civil rights.
The union
Gov. Perry suffered well-deserved ridicule when he suggested in 2009 that Texas may secede from the union if “Washington continues to thumb their nose at the American people.” But Gov. Perry’s ill-considered remark is merely a distraction compared to a much larger movement to effectively secede from the union one law at a time.
Gov. Perry joins lawmakers from New Hampshire, Montana, Virginia, Idaho, Florida, and many other states in backing unconstitutional state laws purporting to “nullify” a federal law. Many state legislatures have passed, and a few governors have signed, laws claiming to nullify part of the Affordable Care Act, and Perry signed a law that partially nullifies federal light bulb standards.
Nullification is an unconstitutional doctrine claiming that states can prevent a federal law from operating within their borders. Although nullification conflicts directly with the text of the Constitution, which provides that Acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding,” it has experienced a significant revival among state lawmakers eager to second-guess national leaders’ decisions.
This doctrine is not simply unconstitutional, it is a direct attack on the idea that we are the United States of America. As James Madison wrote in 1830, allowing states to simply ignore the laws they don’t want to follow would “speedily put an end to the Union itself.”
Conclusion
America has long endured the occasional politician eager to repeal the entire 20th Century, but, as President Dwight Eisenhower observed nearly 60 years ago, “Their numbers [were] negligible and they are stupid.” Sadly, this is no longer the case. Tenthers increasingly dominate conservative politics and their numbers are growing.
If this movement succeeds in replacing our founding document with their entirely fabricated constitution, virtually every American will suffer the consequences. Seniors will lose their Social Security and Medicare. Millions of students could lose their ability to pay for college. And workers throughout the country will lose their right to organize, to earn a minimum wage, and to be free from discrimination.
Worse, because the Tea Party believes their policy preferences are mandated by the Constitution, they would do far more than simply repeal nearly a century of essential laws. Once something is declared unconstitutional, it is beyond the reach of elected officials— and beyond the voters’ ability to revive simply by tossing unwise lawmakers out of office.
For this reason, the Tea Party’s agenda is not simply one of the most radical in generations, it is also the most authoritarian. They do not simply want to eliminate decades of progress; they want to steal away “We The People’s” ability to bring it back.
By: Ian Millhiser, Center for American Progress, September 16, 2011
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September 16, 2011
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Affordable Care Act, Class Warfare, Collective Bargaining, Commerce Clause, Congress, Conservatives, Constitution, Democracy, Democrats, Economy, Education, Elections, Equal Rights, GOP, Government, Health Care, Ideologues, Ideology, Income Gap, Jobs, Labor, Lawmakers, Medicaid, Medicare, Middle Class, Minimum Wage, Politics, Public, Regulations, Republicans, Right Wing, SCOTUS, Social Security, State Legislatures, States, Tea Party, Unions, Voters | Anti-Poverty Programs, Child Labor Laws, CHIP, Civil Rights, Disaster Relief, FEMA, Food Safety, Gov Rick Perry, We The People |
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