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“It’s Time To Hit Reset”: Black People Should Stop Expecting White America To ‘Wake Up’ To Racism

After the race-related events of the past few weeks and months, it’s clear that the people who speak for black America Have a Dream, in the wake of the one Dr. King so resonantly expressed.

The idea is that the Civil Rights revolution of the 1960s wasn’t enough, that a shoe still has yet to drop. Today’s Dream is that white America will somehow wake up and understand that racism makes black America’s problems insurmountable. Not in-your-face racism, of course, but structural racism—sometimes termed White Privilege or white supremacy. Racism of a kind that America must get down on its knees and “understand” before we can move forward.

The problem is that this Dream qualifies more as a fantasy. If we are really interested in helping poor black people in America, it’s time to hit Reset.

The Dream I refer to has been expressed with a certain frequency over the past few weeks, after a succession of events that neatly illustrated the chance element in social history. First, a white woman, Rachel Dolezal, bemused the nation with her assertion that she “identifies” as black. Everyone had a grand time objecting that one can’t be black without having grown up suffering the pain of racist discrimination, upon which Dylann Roof’s murder of nine black people in a Charleston, South Carolina, church put a gruesome point on the issue. Dolezal was instantly and justifiably forgotten, after which the shootings motivated the banning of the Confederate flag from the American public sphere.

However, practically before the flags were halfway down their poles, the good-thinking take on things was that this, while welcome, was mere symbolism, and that what we really need to be thinking about is how to get America to finally wake up to—here comes the Dream—structural racism. A typical expression of the Dream is this one, from Maya Dukmasova at Slate: “There is little hope for a meaningful solution to the problem of concentrated poverty until the liberal establishment decides to focus on untangling a different set a pathologies—those inherent in concentrated power, concentrated whiteness, and concentrated wealth.”

Statements like this meet with nods and applause. But since the ’60s, the space between the statements and real life has become ever vaster. What are we really talking about when we speak of a “liberal establishment” making a “decision” to “untangle” notoriously impregnable things such as power, whiteness and wealth?

This is a Dream indeed, and the only reason it even begins to sound plausible is because of the model of the Civil Rights victories of fifty years ago, which teaches us that when it comes to black people, dreaming of an almost unimaginable political and psychological revolution qualifies as progressivism. After all, it worked then, right? So why be so pessimistic as to deny that it could happen again?

But there are times when pessimism is pragmatic. There will be no second Civil Rights revolution. Its victories grew not only from the heroic efforts of our ancestors, but also from a chance confluence of circumstances. Think about it: why didn’t the Civil Rights victories happen in the 19th century, or the 18th, even—or in the 1920s or 1940s? It’s often said that black people were “fed up” by the ’60s, but we can be quite sure that black people in the centuries before were plenty fed up too.

What tipped things in the 1960s were chance factors, in the same way as recent ones led to a breakthrough on the Confederate flag. Segregation was bad P.R. during the Cold War. Television made abuses against black people more vividly apparent than ever before. Between the 1920s and the late 1960s, immigration to the U.S. had been severely curtailed, so black concerns, while so often ignored, still did not compete with those of other large groups as they do today.

There is no such combination of socio-historical factors today. No, the fact that Hillary Clinton is referring to structural racism in her speeches does not qualify this as a portentous “moment” for black concerns. Her heart is surely in the right place, but talking about structural racism has never gotten us anywhere significant. Hurricane Katrina was 10 years ago; there was a great deal of talk then about how that event could herald some serious movement on structural racism. Well, here we are. There was similar talk after the 1992 riots in Los Angeles after the Rodney King verdict and, well, here we are.

The old-time Civil Rights leaders did things; too often these days we think talking about things is doing something. But what, really, are we talking about in terms of doing?

Who among us genuinely supposes that our Congress, amidst its clear and implacable polarization, is really going to arrive at any “decisions” aimed at overturning America’s basic power structure in favor of poor black people?

The notion of low-skill factory jobs returning to sites a bus ride away from all of America’s poor black neighborhoods is science fiction.

In a country where aspiring teachers can consider it racist to be expected to articulately write about a text they read on a certification exam, what are the chances that all, or even most, black kids will have access to education as sterling as suburban white kids get?

Many say that we need to move black people away from poor neighborhoods to middle-class ones. However, the results of this kind of relocation are spotty, and how long will it be before the new word on the street is that such policies are racist in diluting black “communities”? This is one of Dukmasova’s points, and I myself have always been dismayed at the idea that when poor black people live together, we must expect social mayhem.

And, in a country where our schools can barely teach students to read unless they come from book-lined homes, what is the point of pretending that America will somehow learn a plangent lesson about how black people suffer from a legacy of slavery and Jim Crow and therefore merit special treatment that no other groups in America do? Calls for reparations for slavery, or housing discrimination, resonate indeed—and have for years now. However, they result in nothing, and here we are.

Note: I’m not saying it wouldn’t be great if these things happened. However, I argue that they cannot happen. It was one thing to convince America that legalized segregation and disfranchisement were wrong. However, convincing America that black people now need the dismantling of “white privilege” is too enlightened a lesson to expect a vast, heterogeneous and modestly educated populace to ever accept.

How do I know? Because I think 50 years is long enough to wait.

Today’s impasse is the result of mission creep. The story of the Civil Rights movement from 1965 to 2015 started as a quest to allow black people the same opportunities others enjoy but has shrunken into a project to show that black people can’t excel unless racism basically ceases to exist at all. This is understandable. The concrete victories tearing down Jim Crow allowed have already happened. Smoking out the racism that remains lends a sense of purpose. And let’s face it: there’s less of a sense of electricity, urgency, importance in teaching people how to get past racism.

But the result is that we insist “What we really need to be talking about” is, say, psychological tests showing that whites have racist biases they aren’t aware of such as tending to associate black people with negative words, or white people owning up to their “Privilege,” or a television chef having said the N-word in a heated moment decades ago (or posing for a picture where her son is dressed as Desi Arnaz wearing brown make-up).

So, drama stands in for action. Follow-through is a minor concern. Too many people are reluctant to even admit signs of progress, out of a sense that their very role is to be the Cassandra rather than the problem-solver.

So little gets done. In a history of black America, it is sadly difficult to imagine what the chapter would be about after the 1960s, other than the election of Barack Obama, which our intelligentsia is ever anxious to tell us wasn’t really important anyway. Maybe we’re getting somewhere on the police lately. But there’s a lot more to being black than the cops. There is much else to do.

This new Dream, seeking revolutionary change in how America works, is not only impossible, but based on the faulty assumption that black Americans are the world’s first group who can only excel under ideal conditions. We are perhaps the first people on earth taught to consider it insulting when someone suggests we try to cope with the system as it is—even when that person is black, or even the President.

But this “Yes, We Can’t!” assumption has never been demonstrated. No one has shown just why post-industrial conditions in the United States make achievement all but impossible for any black person not born middle-class or rich. What self-regarding group of people gives in to the idea that low-skill factory jobs moving to China spells the end of history for its own people but no one else’s?

To be sure, Bayard Rustin, Civil Rights hero and intellectual, famously argued in 1965 that automation and factory relocation left poor blacks uniquely bereft of opportunity, such that he called for the Civil Rights movement’s next step to be a call for job creation to a revolutionary degree. However, 50 years is a long time ago. Immigrants moving into black communities and forging decent existences—many of them black themselves—have shown that Rustin’s pessimism did not translate perfectly into later conditions. Today, community colleges offer a wider range of options to poor black people than they did 50 years ago. Books depicting black inner city communities such as Alice Goffman’s On the Run and Katherine Newman’s No Shame in My Game tiptoe around the awkward fact that there are always people in such communities who acquire and keep solid jobs—something even black activists often bring up in objection to “pathologizing” such communities.

I am calling neither for stasis nor patience. However, the claim that America must “wake up” and eliminate structural racism has become more of a religious incantation than a true call to action. We must forge solutions to black America’s problems that are feasible within reality—that is, a nation in which racism continues to exist, compassion for black people from the outside will be limited and mainly formulaic (i.e. getting rid of flags), and by and large, business continues as usual. Here are some ideas for real solutions:

1.    The War on Drugs must be eliminated. It creates a black market economy that tempts underserved black men from finishing school or seeking legal employment and imprisons them for long periods, removing them from their children and all but assuring them of lowly existences afterward.

2.    We have known for decades how to teach poor black children to read: phonics-based approaches called Direct Instruction, solidly proven to work in the ’60s by Siegfried Engelmann’s Project Follow Through study. School districts claiming that poor black children be taught to read via the whole-word method, or a combination of this and phonics, should be considered perpetrators of a kind of child abuse. Children with shaky reading skills are incapable of engaging any other school subject meaningfully, with predictable life results.

3.    Long-Acting Reproductive Contraceptives should be given free to poor black women (and other poor ones too). It is well known that people who finish high school, hold a job, and do not have children until they are 21 and have a steady partner are almost never poor. We must make it so that more poor black women have the opportunity to follow that path. The data is in: studies in St. Louis and Colorado have shown that these devices sharply reduce unplanned pregnancies. Also, to reject this approach as “sterilizing” these women flies in the face of the fact that the women themselves rate these devices quite favorably.

4.    We must revise the notion that attending a four-year college is the mark of being a legitimate American, and return to truly valuing working-class jobs. Attending four years of college is a tough, expensive, and even unappealing proposition for many poor people (as well as middle class and rich ones). Yet poor people can, with up to two years’ training at a vocational institution, make solid livings as electricians, plumbers, hospital technicians, cable television installers, and many other jobs. Across America, we must instill a sense that vocational school—not “college” in the traditional sense—is a valued option for people who want to get beyond what they grew up in.

Note that none of these things involve white people “realizing” anything. These are the kinds of concrete policy goals that people genuinely interested in seeing change ought to espouse. If these things seem somehow less attractive than calling for revolutionary changes in how white people think and how the nation operates, then this is for emotional reasons, not political ones. A black identity founded on how other people think about us is a broken one indeed, and we will have more of a sense of victory in having won the game we’re in rather than insisting that for us and only us, the rules have to be rewritten.

 

By: John McWhorter, The Daily Beast, July 11, 2015

July 13, 2015 Posted by | African Americans, Civil Rights Movement, Racism | , , , , , , , | 2 Comments

“Why Scalia Should Resign”: It Must Make Him Wonder If He Wishes To Be Part Of An Institution That Is Corrupting The Republic

Supreme Court Justice Antonin Scalia should resign.

That’s the thought I had while reading his acid dissents in the two headline-grabbing Supreme Court cases last week, one affirming the IRS’s interpretation of the Affordable Care Act, and the other discovering a right to same-sex marriage in the 14th Amendment.

Scalia’s considered view is that the court has usurped power from Congress in the health care law, and from the American people themselves in the marriage case.

Ultimately, on the health care case, John Roberts agreed with most of the claims of the plaintiffs, but decided to rewrite the disputed clause because, as he writes, “Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them.” Scalia retorted that the court’s job is to pronounce the laws, not re-shape them to better fit what the court imagines the intent of the legislators to have been. Scalia writes, “the court forgets that ours is a government of laws and not of men. That means we are governed by the terms of our laws, not by the unenacted will of our lawmaker.”

He continues:

The court’s decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people’s decision to give Congress “[a]ll legislative Powers”enumerated in the Constitution. Art. I, §1. They made Congress, not this court, responsible for both making laws and mending them. This court holds only the judicial power — the power to pronounce the law as Congress has enacted it. We lack the prerogative to repair laws that do not work out in practice, just as the people lack the ability to throw us out of office if they dislike the solutions we concoct. We must always remember, therefore, that “[o]ur task is to apply the text, not to improve upon it. [King v. Burwell]

So the court has thus transgressed the balance of powers, becoming a kind of reserve super-legislature. But his dissent on Friday against Justice Anthony Kennedy’s majority opinion legalizing same-sex marriage takes the charge much further. According to Scalia, the court has given into nonsense, and now transgresses the right of the American people themselves. “The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie,” he jeers.

Scalia’s baseline assumption is that the meaning of the 14th Amendment did not change since 1868. And further that it is the prerogative of the American people, through their legislators or through constitutional amendment, to redefine marriage as an institution that includes two people regardless of their sex, a process that was well on its way. And so the Kennedy decision becomes for Scalia a “judicial putsch,” where five judges “have discovered in the 14th Amendment a ‘fundamental right’ overlooked by every person alive at the time of ratification, and almost everyone else in the time since.” Instead of law, Scalia says, the court has given “pop philosophy” and “showy profundities” that are “profoundly incoherent.”

Scalia has often denounced majority holdings in extraordinarily memorable language. But what he offers in his two dissents at the end of this term are much graver charges. The ruling in King further infantilizes Congress, releasing it from its responsibility to craft laws with any precision, thus weakening the ability of the people to govern themselves through the legislature. And the marriage ruling more directly asserts a judicial supremacy over the people themselves. What Scalia is saying is that the court has corrupted the American form of government and staged a coup.

If these are anything more than rhetorical flashes, then it must make him wonder if he wishes to be a part of an institution that is this corrupted and corrupting of the republic. He may steel himself, as someone who will dutifully carry out his appointed role. But waiting for a Republican president to replace him is a guarantee of nothing. The two opinions that amount to a putsch were written by justices appointed by the two most conservative Republican presidents in living memory.

Progressives would be so giddy at his departure. So what? If the court is captured by politics, what better rebuke than to demonstrate that one justice is not so captured. Leaving the court would not relieve its members of the duty of upholding the Constitution. Let the burden and the obloquy of the putsch be on others.

 

By: Michael Brendan Dougherty, The Week, June 29, 2015

July 4, 2015 Posted by | Antonin Scalia, King v Burwell, Obergefell v Hodges | , , , , , , , | Leave a comment

“Antonin Scalia Defeated — By Antonin Scalia”: He Had His Own Previous Arguments Turned Against Him

Justice Antonin Scalia did not simply lose today’s key ruling on the federal health insurance subsidies for the Affordable Care Act — he had his own previous arguments turned against him.

The majority opinion issued today, written principally by Chief Justice John Roberts — whose crucial vote previously upheld Obamacare back in 2012 — illustrated the idea of the insurance subsidies being an integral part of health care reform itself.

And the absurdity of just striking out subsidies for people living in states with federally run exchanges — as Scalia and his fellow dissenters insisted had to be done under the law — was illustrated by citing… Antonin Scalia, from his earlier efforts to stamp out health care reform.

It is implausible that Congress meant the Act to operate in this manner. See National Federation of Independent Business v. Sebelius, 567 […] (SCALIA, KENNEDY, THOMAS, and ALITO, JJ., dissenting) […] (“Without the federal subsidies . . . the exchanges would not operate as Congress intended and may not operate at all.”).

That is, Roberts and company cited the dissent in the first major Obamacare case, from 2012, when the dissenters — Scalia being one of them — tried to say that pretty much each every single facet of the Affordable Care Act was not only wrong but unconstitutional, and that they interlocked so completely that by striking down even one of them, the entire Act would have to fall.

As a political staffer friend, who is a trained lawyer (though not currently practicing), tells me: “The problem with results-oriented jurisprudence is it makes hypocrisy easy to spot.”

The full paragraph in that original dissent is as follows:

In the absence of federal subsidies to purchasers, insurance companies will have little incentive to sell insurance on the exchanges. Under the ACA’s scheme, few, if any, individuals would want to buy individual insurance policies outside of an exchange, because federal subsidies would be unavailable outside of an exchange. Difficulty in attracting individuals outside of the exchange would in turn motivate insurers to enter exchanges, despite the exchanges’ onerous regulations. […] That system of incentives collapses if the federal subsidies are invalidated. Without the federal subsidies, individuals would lose the main incentive to purchase insurance inside the exchanges, and some insurers may be unwilling to offer insurance inside of exchanges. With fewer buyers and even fewer sellers, the exchanges would not operate as Congress intended and may not operate at all.

 

By: Eric Kleefeld, The National Memo, June 25, 2015

June 28, 2015 Posted by | Affordable Care Act, Antonin Scalia, King v Burwell | , , , , | Leave a comment

“The GOP Gay Marriage Freakout”: The Modern Republican Party Is Operating More And More Like An Underground Crime Network

Marriage equality has won at the Supreme Court, but the fight over gay marriage is far from over. Now we enter the Republican temper tantrum phase.

Even before the Supreme Court’s ruling, several prominent Republicans had pledged to disobey any high court ruling in favor of marriage equality—and had called on their fellow Republican leaders to do the same.

For instance, Republican presidential candidates Rick Santorum and Mike Huckabee have both signed a pledge that reads, “We will not honor any decision by the Supreme Court which will force us to violate a clear biblical understanding of marriage as solely the union of one man and one woman.”

Huckabee also challenged the authority of our nation’s highest court when he said, “The Supreme Court can’t overrule God.”

Republican Senator Ted Cruz and Representative Steve King also called for Congress and any future Republican president to flagrantly ignore such a Supreme Court ruling.

Let’s be clear: These are current and former officeholders, who have taken an oath to uphold the laws of our nation, literally pledging to violate those laws as interpreted by the Supreme Court.

In any reasonable political environment, this should be a disqualifier for elected office. Certainly, measures should be considered to charge those of them who hold office with violating their oath.

Republicans in Congress recently filed suit against President Obama for using his lawful executive authority to de-prioritize certain deportations of immigrants. Said Republicans were outraged! Now here we have Republicans treading far beyond the legal gray area, actually pledging to violate their duties and break the law.

I’d love to say such behavior is unimaginable. But unfortunately, it’s becoming predictable within the GOP.

“If the court tries to do this it will be rampant judicial activism,” Cruz said before the ruling. “It will be lawlessness.”

No, actually, saying that as a senator or as president you will disobey the ruling of the Supreme Court of the United States of America—that is the very definition of lawlessness.

Of course this attitude comes from the same party that after 60 failed votes to repeal Obamacare and two now failed legal challenges rising all the way up to the very same Supreme Court, still pledges to keep trying to undo the law. The modern Republican Party is operating less like a responsible partner in governance and more and more like an underground crime network—continually abusing and threatening the otherwise democratic process if it doesn’t get its way.

So far, in the aftermath of the decision, Republican candidates have offered statements affirming their opposition to the ruling and leaning on the new, more modest GOP chestnut that “religious freedom” must be protected.

Governor Huckabee took to Twitter after the ruling, saying that the Supreme Court could no more overrule “God’s nature” than overrule gravity. But alas, just as it has in fights for justice and equality throughout history, the Supreme Court has done its job—interpreting the Constitution of our nation and applying it equally to all Americans.

Meanwhile, Wisconsin Governor Scott Walker issued one of the more curious formulations. “I call on the president and all governors to join me in reassuring millions of Americans that the government will not force them to participate in activities that violate their deeply held religious beliefs,” he said in a press release. “No one wants to live in a country where the government coerces people to act in opposition to their conscience.”

Apparently, Walker is afraid people will be forced to get gay married. Don’t worry, America, that’s Phase 143 of the gay agenda. It’s still early. Right now, we’re preoccupied trying to uphold the basic values and laws of America—which elected officials of both parties should be doing, too. But frankly, when it comes to some Republicans, it’s indeed more likely that gravity will be overruled and pigs will fly.

 

By: Sally Kohn, The Daily Beast, June 26, 2015

June 27, 2015 Posted by | Marriage Equality, Republicans, SCOTUS | , , , , , , , | 1 Comment

“GOP Failure Theater”: How Conservatives Convinced Themselves That Another ObamaCare Loss Is Just Prelude To Greater Victory

There’s a ritual carried out by losing candidates on election night, in which they come before their supporters gathered in a hotel ballroom, look out at all the long faces and tired eyes, and say, “This has been a noble crusade. And though we may have lost today, the battle for the things we believe in goes on. I’ll be there fighting for that vision, and I hope you’ll be there with me.” Everyone applauds, and then they all go home.

Now that the Supreme Court has ruled against what was simultaneously the most absurd and the most threatening challenge to the Affordable Care Act, conservatives are enacting something similar to that election night ritual. In private, many are expressing relief, since there was widespread worry that if the King v. Burwell lawsuit had succeeded, they would have been responsible for at least six million Americans losing insurance subsidies, and quite appropriately gotten the blame for it. But what are they saying publicly?

The politicians are finding virtue in consistency; their line is that this changes nothing.

“Today’s ruling won’t change ObamaCare’s multitude of broken promises,” said Mitch McConnell.

“ObamaCare is fundamentally broken,” said John Boehner. “Today’s ruling doesn’t change that fact.”

“Today’s ruling makes it clear that if we want to fix our broken healthcare system, then we will need to elect a Republican president,” said RNC chair Reince Priebus, who also made the fascinating observation that a Hillary Clinton presidency would be terrible for America.

Naturally, conservatives are disgusted with Chief Justice Roberts, whom they regard as an unreliable ally, unlike Justices Scalia, Thomas, and Alito. Quin Hillyer of the National Review summed up their feelings: “He is a disgrace. That is all.” But as far as conservative commentators are concerned, the perfidy extends beyond the Supreme Court to the cowards and quislings in Congress. And so, in a particularly optimistic strain of thought, they’re arguing that the decision is really an excellent outcome.

That’s because it has saved the right from another round of what blogger Allahpundit calls “GOP failure theater,” in which Republicans in Congress “make a pretense of putting up a fight in hopes that conservative voters will be impressed and to obtain some sort of mostly meaningless concession to wave at them when the inevitable, and predestined, cave finally happens.”

Similarly, Ben Domenech argues that the decision is a good thing for conservatives, because now Republican candidates will have to come up with really good health care plans to enact when they take back the White House: “Thus, I think the ruling today probably increases the likelihood of repealing ObamaCare in 2017 by a not insignificant margin.” On a similar note, Bill Kristol tweeted, “Repeal of ObamaCare and replacement with limited-government alternative in 2017 will be one of modern conservatism’s finest hours.”

That presumes that the Republican nominee will win, of course. But it also presumes that he would have the ability and willingness to repeal the ACA upon taking office.

There’s no question that the Republican presidential candidates will continue to express their eagerness to do so, at least until we get to the general election. Though none of them has anything resembling a fully-formed plan for the “replace” part of “repeal and replace” that Republicans have been advocating for years, they still have to pay lip service to the idea that the consensus conservative health care plan is coming any day now. When you’ve spent the last five years arguing that this law is a poison-tipped dagger plunging into liberty’s heart, you can’t just say, “Eh, looks like we’ll live with it,” no matter what the practical reality might be.

The practical reality is that whatever public opinion may be about this large abstraction called “ObamaCare,” the law is delivering particular benefits of which Americans are quite fond and that they don’t want to lose. Taking away those subsidies through a lawsuit would have been a political disaster for Republicans, and that would have affected only a portion of the public. What if Republicans were to take away subsidies from people in all 50 states, and toss millions more off Medicaid, and make it so that now insurance companies can deny you coverage because of a pre-existing condition again? That’s what repealing the ACA would mean. Republicans may not be able to admit it, as they promise that their phantom alternative plan would take care of all that, but they know that just undoing the ACA would be a disaster.

They can’t acknowledge that fact, because they have a constituency that has been fed heaping plates of apocalyptic rhetoric on this issue ever since the ACA became law. Those Republican base voters need to be told that, though they’ve suffered a loss, the fight is not over. As Ted Kennedy said 35 years ago in what may be the prototypical example of that losing candidate’s speech to his dismayed supporters, “the work goes on, the cause endures, the hope still lives, and the dream shall never die.”

 

By: Paul Waldman, Senior Writer, The American Prospect; Contributing Writer, The Week, June 25, 2015

June 26, 2015 Posted by | Affordable Care Act, Conservatives, GOP | , , , , , , , , | 1 Comment