“Clever Assaults On The Right To Vote”: Restrictive Voting Laws Deserve Justice Department Scrutiny
In certain circles, it has become fashionable to believe that the Voting Rights Act is an outdated vestige of a crueler time, an unnecessary bit of bureaucracy that imposes its own injustices. Last year, the U.S. Supreme Court endorsed that view when it threw out one of the act’s more powerful provisions.
Those who believe that the Voting Rights Act is an artifact of a bygone era eagerly point out that the nation has elected its first black president — proof, they say, that racism is dead. In that view, the right to vote is guaranteed and each person is equally represented in the political system of this great democracy.
Eric Holder, the outgoing attorney general, knew better. He understood that the right to vote is under assault, and he did what he could to protect it, starting with a rehabilitation of the Civil Rights Division, which had fallen into dysfunction in the administration of George W. Bush. That may be Holder’s defining accomplishment.
During the Bush era, conservative partisans launched the most insidious onslaught against minority voting rights since the 1960s: the voter ID movement. Claiming, falsely, that the ballot needs more protection against fraud, they promoted restrictive voting laws in state legislatures around the country. Those partisans had their own agents within the Civil Rights Division, where they worked to ensure that dubious voter ID laws would not undergo any scrutiny.
Their mischief making has largely succeeded, not only in disenfranchising legitimate voters, but also in fooling the public about their intent. Polls show overwhelming support for laws that supposedly protect against fraud.
But make no mistake about it: Voter ID laws have next to nothing to do with protecting the ballot box. Instead, they are a relatively clever assault on the right to vote. As the nation has become browner, the GOP has found that neither its politicians nor its policies are popular among voters of color. So, rather than adopt a more inclusive brand of politics, the party has decided that denying the franchise to even a few hundred Democratic-leaning voters can be useful.
How do they accomplish that? Most of the state legislatures that have enacted such laws — and most of those are dominated by Republicans — have insisted that voters use a driver’s license as proof of identity. Research has shown that poor black and Latino voters, who usually vote for Democrats, are less likely to have automobiles than white voters.
Some elderly voters don’t even have birth certificates because they were born at home in an era when such documents were not required for daily life. In Texas, for example, voting rights groups say some rural residents would have to travel 100 miles to get proper documents.
But isn’t this necessary to prevent voter fraud? In fact, research has also shown that in-person fraud of the sort that voter ID laws are designed to prevent is virtually nonexistent. No matter what you’ve heard about voter fraud, you’ve probably not heard of a case of voter impersonation. In other words, no one shows up at the polls claiming to be John Boehner except John Boehner.
With that in mind, Holder entered the fray, sending Justice Department lawyers to challenge onerous voting requirements, including provisions in some states that sought to roll back conveniences such as early voting. They mounted successful challenges in Texas, South Carolina and Florida.
Even after the Supreme Court gutted the VRA, the Justice Department has kept up the good fight. It has filed suit against a restrictive law in North Carolina and joined lawsuits in Ohio and Wisconsin. Ultimately, some of those cases will likely end up before the nation’s highest court — and many civil rights lawyers are predicting the worst. A Supreme Court that doesn’t mind showing its partisan stripes could effectively abolish the Voting Rights Act.
But that will only make the work of the Civil Rights Division more important, not less. Here’s hoping that Holder’s successor is up to the job.
By: Cynthia Tucker, The National Memo, October 4, 2014
“Tortured Arguments And Code Words”: Is Karl Rove Really A Hardcore Racist — Or Is He Just Lazy?
Occasionally I’ve heard black people mention that they respect a racist who owns up to his prejudice forthrightly more than a hypocrite who uses tortured arguments and code words. Like many of President Obama’s right-wing critics, Karl Rove still falls into that latter dishonorable category.
But Rove was scarcely subtle in his latest attempt to agitate the drooling bigots in the Fox News audience. (Not every Fox viewer is a white racist, of course, but every white racist with cable watches Fox. As Karl knows.) Last night on Fox, he barked that the president has “a lazy attitude toward the job that he’s got.”
The Republican boss is himself evidently too lazy to come up with a different line of innuendo — possibly involving watermelon, fried chicken, welfare, or basketball. Wait! He actually did use the basketball meme to slam Obama in a Wall Street Journal column in 2008 – and then added, in case any readers missed the point: “He is often lazy.”
Well, Obama was energetic enough to kick the butt of Karl Rove’s preferred candidate in that election and again in 2012, but that hasn’t discouraged Rove, Hannity, Palin, Beck, or a million other wingnuts from repeatedly using that same slur. (Doesn’t that mean they’re all lazy?)
If we have to measure the industriousness of presidents – and it’s a stupid exercise, but they insist – then let’s examine two of their favorites. It is established fact that George W. Bush took more than three times as many vacation days as President Obama, probably more than any president since that other great GOP success, Herbert Hoover. Rove ought to know, since old “Turd Blossom” was largely responsible for foisting the Dubya disaster on his country.
And let’s not forget the late Ronald Reagan, who spent plenty of recreational time at his California ranch — and made sure to take a nap without fail every day. The sainted Ronnie once explained that the White House job wasn’t really too taxing on him because…
[He] had a great routine: he walked to the office before nine and was home in the residence by 5 or 5:30. He ate dinner and often watched a movie with his wife, then went to bed. “I have three guys who mostly run things for me.”
But then Reagan was a white man, which apparently means he’s always working hard, even when he’s napping.
By: Joe Conason, Editor in Chief, The National Memo, October 2, 2014
“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
“Stop Complaining About Obama’s Golfing”: It’s Not About Optics, It’s About Doing Your Job
Of course, Obama is hardly the first president to vacation – President John Adams took an amazing eight months off in one year in office, and President John F. Kennedy went away almost every single weekend of his presidency. And Obama’s not the first president to get criticized for it either. President Ronald Reagan, who was on vacation for more than 300 days of his presidency, took an incredible amount of heat for not coming rushing back to the White House after the death of two Marines in Lebanon, an attack that would lead to the 1984 bombing of the Marine barracks there. But he blew off the criticism and even campaigned for two days before returning to Washington.
We don’t let our son watch the news anymore. Growing up with parents who are big consumers of news, my boy—at the ripe old age of three—already knows something is amiss if Diane Sawyer is taking a night off. If David Muir is at the anchor desk he has been known to ask, “Is Diane sick?” (We haven’t started explaining the more permanent transition going on at ABC just yet because we don’t know how he will take it.)
But between Ferguson, ISIS, Gaza, Ukraine, Ebola and every other tragic news story happening, there are too many questions that newscasts raise now that a three-year old shouldn’t have to wonder about. Too many sad faces on the screen, and it’s too soon to explain why.
Being president of the United States means engaging on all of those issues every day, often multiple times – whether you’re on vacation or you’re not. And regardless of the location, this president – like every occupant of the Oval Office before him – is making decisions based on the welfare of the nation, far ahead of what his vacation schedule is.
Something unspeakable happened to James Foley, and his grieving family lives with the tragedy created by the ruthless monsters who took him from them. I can’t say how I’d react if someone took my son from me in the same way. No one can know who hasn’t gone through such a horrible thing. But I can guess. My guess is that I’d want the entire world to stop. That I’d want a moment of silence that never ended. I would want people to stop laughing and businesses to close. I have no judgment for the impulse of any American who feels any hint of that sadness at Foley’s loss.
But I have little patience, and our country has little need for, the people who play politics with his life. One mindless commentator tweeted that people who share my view support golfing while Americans are being beheaded. The New York Times wrote that the president was “seemingly able to put the savagery out of his mind,” as he went on to continue his vacation with his family and his friends after addressing the incredible tragedy.
I’m not sure why the New York Times thinks it can read minds, but knowing this president, I know one thing with great clarity: The savagery of those who attack Americans is never far from his mind. This notion that he can detach is mostly wrong. For the man who gave the green light to take out Osama bin Laden and is often first to hear the reports of American servicemen and women who die in missions that he ordered, the savagery of this world is not far from the forefront of his mind at every moment of the day.
I don’t remember, but I assume that I was one of the many Democrats who gleefully took shots at President George W. Bush for the time he spent at Crawford—and if so I regret it. Presidents are better for having time out of Washington, even better for time away with their families.
Whether you’re a partisan or a cynical reporter who has been making the same critique about presidential vacations for decades, I assume you probably agree that human beings function better when they get a little time away. I wouldn’t want my surgeon to be some woman who hasn’t had a break in 4 years. I wouldn’t want to share the road with a truck driver who hasn’t had enough sleep. It doesn’t matter what your occupation is; you will do your job better if you recharge your batteries. And even though the president is never really on vacation, giving him at least a little downtime is good for all of us.
In the end, it’s not about the optics. It’s about doing your job. And if the president is doing his – which he is – we should all be able to appreciate the fact that he is taking the opportunity to be a dad, a husband and even a leader of the free world who can clear his head on the golf course.
By: Bill Burton, Executive Vice President at Global Strategy Group; Politico, August 25, 2014
“Always Ready For Closeups”: Dick Cheney Is Still A Petty Hypocrite
Former vice president Dick Cheney resurfaced again this week, to sharply criticize President Barack Obama for being on vacation when ISIS murdered American journalist James Foley.
During a Wednesday night appearance on Fox News’ Hannity, Cheney reiterated his belief that President Obama doesn’t understand foreign policy, and slammed him for playing golf after making a statement condemning Foley’s killing and denouncing ISIS as a “cancer.”
“Every day we find new evidence that he’d rather be on the golf course than he would be dealing with a crisis that’s developing rapidly in the Middle East,” Cheney insisted.
Cheney is not the only person to criticize President Obama for taking a working vacation, nor is his criticism the most ridiculous (for example, The Hill recently criticized the president for taking a walk while “the White House grapples with crises at home and abroad”). But the complaints are especially galling coming from the 46th vice president.
For starters, Cheney’s former boss blew Obama out of the water in terms of time spent away from Washington. To date, President Obama has spent about 150 days on vacation. During his two terms, according to accepted presidential vacation expert Mark Knoller of CBS, George W. Bush spent 1,020 days: 487 at Camp David, 490 at his Crawford, Texas ranch, and 43 at the Bush family compound in Kennebunkport, Maine.
But guess who Cheney thinks was better at dealing with crises in the Middle East (never mind the question of who’s responsible for them)?
Cheney himself has some experience with executive branch vacations. Back in 2005, Cheney hesitated to cut his own vacation short after Hurricane Katrina struck, and then pointedly turned down President Bush’s request that he lead a task force designed to speed the recovery effort (White House advisor Dan Bartlett reportedly backed the decision, noting that the vice president “doesn’t do touchy-feely“).
For its part, the White House insists that, like his predecessors, President Obama is perfectly capable of doing his job from outside of Washington. But that won’t stop the media from obsessing over his vacation. After all, punditry is hard during the dog days of summer — and overeager critics like Cheney are always ready for their closeups.
By: Henry Decker, The National Memo, August 22, 2014
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