“It’s Time To Leave The 19th Century Behind”: Let’s Stop Whistling Dixie; Missouri’s Toxic Political Culture Must Change
Quite properly, journalistic reaction to events in Ferguson, Missouri, has focused on the militarization of the police, on the role of racism in the killing of unarmed African-American men, and on the political disenfranchisement that allows communities like Ferguson to operate in obvious defiance of public sentiment.
But there is another element peculiar to Missouri politics that must have light shed upon it. That is the sharp right-ward turn conservative politics in that State has taken. In its best moments, conservatism stands for caution, for prudence, for a government that is efficient yet serves the needs of all.
There was a time when conservatives in Missouri stood for these things, but that is no longer the case. Rather, what is visible to the outside observer is a dangerous movement towards the outermost fringes. For it is fair to say that a toxic neo-confederatism has emerged as a force to be reckoned with at the very heart of Missouri’s government — its state legislature.
Let’s consider Brian Nieves, a State Senator from West St. Louis. Nieves is not some obscure back-bencher. He’s been a member of the State Legislature since 2002, rising to the position of House Majority Whip before moving on to the Senate, where he now chairs the Committee on General Laws.
And what has Senator Nieves been doing in this position of trust? He has injected neo-confederatism into the law-making function. Consider Senate Joint Resolution 45, a state constitutional amendment Nieves proposed in January, 2012, which sought to revive the discredited Confederate principle of state nullification. The amendment would have declared that Missouri enjoyed the “sovereign” right to treat as null and void all federal law on gun control; abortion; climate change; federally-subsidized health care; same-sex marriage; hate crimes; and a range of other topics. In other words, had this amendment been adopted, Missouri would have been free to reject as non-binding a large body of federal statutes and judicial decisions.
Nullification, of which this is a modern manifestation, is an idea that has its origins in the efforts of the Southern planter class of the 1820’s and 1830’s to defend slavery against an encroaching federal government. In 1832, the federal government tried to enforce a tariff in South Carolina that posed a threat to the profitability of the slave-based cotton trade that formed the cornerstone of that State’s economy.
Purporting to defend the Constitution from an allegedly unconstitutional tariff, the South Carolina Ordinance of Nullification declared that laws which “violated the true meaning and intent [of the Constitution] are null, void, and no law.” When President Andrew Jackson threatened a military response, South Carolina backed down, although three decades later it chose secession rather than recognize Abraham Lincoln as President of the United States.
Nieves’ joint resolution did not carry the day. But that did not deter the nullificationists in the State Legislature from a second, more successful attempt to assert Missouri’s self-proclaimed right to nullify federal law.
“The Second Amendment Preservation Act,” it was called, and it was introduced in January, 2014. It took direct aim at federal gun control legislation. Listing numerous federal laws on the subject, it declared the named provisions “shall be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.” Just like the South Carolina slave owners of the 1830s, the bill’s sponsor declared that the proposed law was needed to defend the Constitution against an aggressive and out-of-control federal government.
This time, the nullificationists enjoyed greater success. In February, 2014, the Missouri Senate approved the bill by a vote of 23-10, with near-unanimous Republican support. The Missouri Tea Party rejoiced. In April, 2014, the State House of Representatives also passed the bill.
It is past time, way past time, 150 years past time, to be playing around with Confederate ideology. That Republicans in the Missouri legislature gave overwhelming support to a piece of legislation whose origins can be traced to the ugliest moments in America’s slave-owning past stands as a badge of infamy. The Missouri Republican Party would do well to repudiate this legislation and promise to stop playing with the dynamite of nullification.
I’ve got news for Missouri’s political class. They need to stop reviving the odious, discredited ideology of the Southern slaveocracy. They must instead return to reality and address the social crisis Ferguson represents. For in truth, African-Americans face substantial obstacles in Missouri. The four-year high-school graduation rate for African-Americans is 76 percent (as of 2009/2010). (The white graduation rate is 89 percent). The poverty rate for African-Americans is 27.7 percent (as of 2007/2011). The white poverty rate for the same period is 12.1 percent. The unemployment rate of African-Americans (2008/2012) is 18.0 percent. (For white Missourians it is 7.3 percent). The incarceration rate for African-Americans (as of June 30, 2012) is 38.2 percent.
It’s time for Missouri’s right-wingers to leave the nineteenth century behind. It is time for all Missourians — indeed, time for all Americans — to start building a more just and equitable world, one free of institutional racism and yawning racial disparities. Missouri was once the home of far-sighted progressives. Harry Truman desegregated the Armed Forces in 1948. Democratic Senator Stuart Symington voted for the 1964 Civil Rights Act at great political risk. Missouri, it is time to get serious. The world is watching.
By: Charles J. Reid, Jr., The Huffington Post Blog, August 20, 2014
“What The Republicans Failed To Accomplish”: Vital Tasks The House Did Not Address Before Taking An Unnecessary Recess
Many House members were at the airport yesterday, desperate to begin their five-week vacation, when the chamber’s leadership called them back. An emergency bill to provide money for the humanitarian crisis at the Southern border had earlier been pulled from the floor because of objections from the hard right; now some Republicans wanted to try again.
“You can’t go home!” Representative Blake Farenthold of Texas said, according to the Washington Post. That would send a terrible message to President Obama: “You’re right, we’re a do-nothing Congress.”
Sorry, congressman. That message had already been broadcast long before the House tripped over its own divisions on the border bill. The failure of this Congress (principally the House) to perform the most basic tasks of governing is breathtakingly broad. Though members did manage to pass a bill overhauling the Department of Veterans Affairs, here is a catalog of the vital tasks the House was unable to accomplish before taking an unnecessary recess:
- Passing a full slate of appropriations bills for the 2015 fiscal year, or a continuing resolution to keep the government open past Sept. 30.
- Passing a long-term transportation bill. (The one approved this week expires in 10 months, and is full of gimmicks made necessary by the failure to raise the gas tax.)
- Passing comprehensive immigration reform.
- Renewing the Export-Import Bank and terrorism risk insurance.
- Raising the minimum wage.
- Extending unemployment insurance.
- Passing the Employment Non-Discrimination Act, which would ban discrimination in hiring on the basis of sexual orientation.
- Passing the Paycheck Fairness Act, which would help ensure that women are paid equally to men.
- Fixing the Voting Rights Act after it was gutted by the Supreme Court.
- Passing any form of legislation to impose background checks on gun buyers.
- Passing any long-term legislation to stimulate the economy and create jobs.
But there is one thing House Republicans did enthusiastically before packing their bags: They voted to sue the president for taking executive actions they disliked — actions that were necessary because Republicans failed to do their jobs.
By: David Firestone, Taking Note, The Editorial Page Editors Blog, The New York Times, August 1, 2014
“The Cogs In The Wheel”: With Midterms Approaching, Voters Must Return To Senses
The boys and girls of Congress are returning from summer camp — er, Capitol Hill — to their real homes where they will 1) raise money and plead to be returned to camp; 2) stress how much they hate the nation’s political polarization; and 3) pledge never to compromise their beliefs.
Folks, there is no way to escape their blandishments unless you do not go out in public, especially to a county fair, parade or political rally. You’ll also have to refuse to answer your phone or open your front door. And do not power up your TV or car radio until the middle of November.
“Midterm election” may sound innocuous. This year it is a synonym for blood sport.
When President Barack Obama assumed office in 2009, he had a Democratic Senate and a Democratic House. In 2010, Democrats lost the House, and gleeful Republicans decided to make Obama’s life miserable.
House Republicans attempted to block anything he proposed. They did very well. They shut down the government at a cost of $24 billion. They proudly have passed the fewest number of bills in recent history, even those that 90 percent of Americans want, such as keeping guns out of schools. They voted to repeal Obamacare at least 50 times. They are hoping to sue Obama successfully for not enforcing Obamacare to the letter of the law even though, obviously, they don’t really want him to enforce it. Lately, some have begun talking blithely about “impeachment.”
Chafing to kick Obama around even harder, Republicans have vowed to win control of the Senate this November.They may succeed.
Upset at the prospect of being a lame dog for two more years and having no friends in Washington except his Portuguese water dogs, the president of the United States is counter-attacking. That means he will attend just about any Democratic fundraiser White House aides can locate by GPS. (Word to church groups and PTAs: Now might be the time to invite POTUS to your next gathering.)
Republicans had a field day pointing out that Obama refused to go to the southern border to see the plight of unaccompanied children streaming across but went to Colorado to play pool and raise money. Never mind that Republicans have blocked every Obama attempt to try to fix the broken immigration system.
So guess what is going to be a big rallying cry for Republicans this November? The broken immigration system.
And guess what the second GOP battle cry will be? The need to get all those millions of Americans who now have health insurance to agree they should give it up.
Everybody is angry with the political system because it is broken, results in the tyranny of the few over the majority, fails to help people who really need it, fills the coffers of the richest and preserves the status quo.
Oddly, the Tea Partyers who hate government the most are clamoring the loudest to be given government paychecks so they can cause more havoc such as refusing to raise the debt limit (thus destroying what remaining good faith the U.S. has). They also want to cut off more aid to the working poor and refuse to fix crumbling roads and bridges.
Millions of voters fed up with the impasse in Washington (where nothing of strategic importance is being done) will elect and reelect the cogs in the wheel. The lost battle for civility only got more hopeless when Tea Partyers realized that dumping vitriol (and untruths) on moderate opponents is one of the best ways to get a hand in the public till.
Voters, return to your senses. Do not elect or reelect anyone who wants to refuse to pay debts America already has incurred. Do not pull any lever for someone who proudly promises never to compromise (without it, politics is meaningless). Do not send to Washington anyone who tells you how much he/she hates government. Do not give your precious vote to anyone who labels the other side evil, treasonous, demonic or stupid. (Well, stupid is OK.)
And it’s OK, too, this August to shake hands with a politician with sticky cotton candy on your palm.
By: Ann McFeatters, Op-Ed Columnist for McClatchy-Tribune: The National Memo, August 1, 2014
“Drop These Silly Notions Of False Equivalence”: The Democratic Party Is The Only Home For Centrists
This is a letter to political centrists.
For those of you alarmed that Rep. Eric Cantor was not conservative enough for Republicans in Virginia’s 7th congressional district, I encourage you to read Charles Wheelan’s The Centrist Manifesto
Take a read through Wheelan’s “Manifesto.” It’s a short read, published last year after it became clear that President Obama’s re-election would not bring a new age of bipartisanship to Washington. Wheelan calls for the center to step outside of the two major parties and stand up for itself. In noting that the fastest growing bloc of voters is Independents, Wheelan argues that both the Democratic and Republican parties have driven out moderates by standing only for their political bases — and that the only resolution to this is an organized movement of Independents.
Take a read, because Wheelan is wrong.
Wheelan’s vision may have made sense in 2013, but much has changed in the past year. We are now well past the time for quixotic visions of bipartisanship driven by centrists on both sides of the divide. To read “Manifesto” is to recall a time when Americans could reasonably believe that in spite of bitter partisanship in Washington, Congress could transcend the ideological gap to act on immigration reform, universal background checks, and tax reform. To behave, in short, like statesmen.
If we have learned anything from Eric Cantor’s demise, it’s that the Republican Party is no place for pragmatic centrists. It’s not even a place for relentless partisans who may stray from Republican orthodoxy on an issue or two.
So it’s time to just say it out in the open: The resolution to Washington’s dysfunction is a migration of Independents into the Democratic Party, because there is only one side that seems at all interested in welcoming centrists.
We should first note one of the most fundamental rules of political science: Duverger’s Law. This is the observation, made famous by French sociologist Maurice Duverger, that in winner-take-all two-party systems, voters inevitably gravitate toward one of two major parties. This is because voters do not want to waste their vote on a candidate who will not win. Recall how quickly liberal voters snapped back into the Democratic fold after wasting votes on Ralph Nader in 2000; they know Duverger’s Law well.
Given Duverger’s Law, it would follow that any potential “Centrist Party” would run into institutional obstacles not easily surmounted by even the most popular movement. And even those preaching the gospel of bipartisanship, nonpartisanship, and centrism must accept the reality that the current Republican Party is plainly interested in none of that.
This goes for the 501(c)(4) groups like Mark Zuckerberg’s FWD.us. If you want Congress to move “FWD” on immigration reform, under what circumstance could you expect a GOP-led House to buck the Tea Party and pass a bill that commands broad bipartisan support?
This also goes for moderate voters, whom Wheelan notes comprised 41 percent of the electorate in 2012.
Wheelan correctly observes that any centrist party should not simply meet both sides halfway on each issue, but rather take the best ideas from both sides. A rational observer, for example, would not conclude that climate change is “probably” happening because Democrats are sure it is, and Republicans are sure it’s not.
He also correctly notes that many Democrats have strayed from sensible policies in favor of myopic political interests. But it simply cannot be said that there is no home for centrists in the Democratic Party.
In fact, several prominent Democrats — including Senators Elizabeth Warren (D-MA) and Cory Booker (D-NJ) — are on record as supporting school choice. Congress passed free-trade agreements with South Korea, Colombia, and Panama in 2011 with large numbers of Democratic votes, and President Obama signed them into law. The Obama administration and many of its congressional allies have supported lowering the corporate income tax from 35 percent to 28 percent.
In other words, Democrats often support centrist policies without reprisal. Such apostasy would never be tolerated in the GOP.
Wheelan examines the U.S. Senate in “Manifesto,” and proposes that if moderate members began asserting themselves as independent from their parties, the cogs of Washington may begin to turn again.
“With a mere four or five U.S. Senate seats, the Centrists can deny either traditional party a majority. At that point, the Centrists would be America’s power brokers…good things can start happening again,” Wheelan writes.
He’s right, but who might these four to five senators be? At the moment, they would almost assuredly be Democrats.
Take a look at the vote scoring of the 112th Senate (which ended after the 2012 election,) done by political scientists Keith Poole and Howard Rosenthal. The NOMINATE scale, an abbreviation for Nominal Three-Step Estimation, is immensely complex, and explaining it is well beyond the scope of this piece. Please accept for a moment that -1 on the scale is the score of the most liberal senator imaginable, and 1 is the most conservative. Zero is the perfect middle.
You may note the slight asymmetry of the distribution. I would mark the area between -0.25 and 0.25 as centrist territory. Thirteen of these centrists were Democrats, and only five were Republicans. Of these five, only Senators Lisa Murkowski (R-AK), Mark Kirk (R-IL) and Susan Collins (R-ME) remain in the 113th Senate. Murkowski, it should be noted, held on to her seat in 2010 only after a miraculous write-in campaign overruled GOP primary voters, who nominated fringe Tea Party candidate Joe Miller.
You might also note that NOMINATE scores President Obama as being as liberal as Senator Dick Lugar (R-IN) was conservative. Obama commands the approval of nearly 80 percent of Democrats, while Lugar was dismissed by GOP voters in favor of a man who believed that “God’s intent” was for women to bear the children of their rapists.
A Pew Research Center poll released this week found that 82 percent of “consistently liberal” respondents said they would like elected officials to make compromises; only 14 percent said they would prefer that elected officials stick to their positions. When offered the same dichotomy, “consistently conservative” respondents said they would prefer elected officials hold fast to their views by a 63 to 32 percent margin.
This Republican intransigence left Thomas E. Mann and Norman Ornstein, two of the most prominent scholars of the Senate, to place the blame for Washington’s dysfunction squarely on the GOP in their 2012 book, It’s Even Worse Than It Looks.
“When one party moves this far from the center of American politics, it is extremely difficult to enact policies responsive to the country’s most pressing challenges,” Mann and Ornstein write.
Of course, we recently had two years of almost unfettered Democratic control in Washington. Was the record of the 111th Congress, which reigned in 2009 and 2010, perfect? Of course not. But it got things done, including passing a markedly centrist health care bill that has expanded coverage to more than 10 million people to date.
It got done because those four or five senators Wheelan speaks of cooperated. Those senators were all Democrats.
On the issues, I have no apparent disagreements with Wheelan. He’s a brilliant author and public policy expert.
But he, and others, has to drop these silly notions of false equivalence. I too hope for a day when Republicans in Washington are ready to rejoin mainstream political thought. But it does no good to pretend that they exist in that space now. And given the message that GOP voters just sent us from Virginia’s 7th congressional district, they aren’t coming back anytime soon.
Until the GOP is ready to return to rationality, centrists are left with no choice but to organize and vote for Democrats, and work within the Democratic Party to advance centrist goals.
By: Thomas L. Day, an Iraq War veteran and a Defense Council member of the Truman National Security Project; The National Memo, June 17, 2014
‘Looking Beyond The Store Countertop”: Maybe The Supreme Court Isn’t As Pro-Gun As We Thought
Bruce Abramski must have known he was going to get into trouble when he bought a Glock 19 for his uncle. A retired police officer, Abramski was familiar with gun regulation. Yet he accepted $400 from his uncle, went to a local gun store, and—as required to purchase the Glock—filled out federal Form 4473. Question 11.a of that form required Abramski to confirm that he was “the actual transferee/buyer of the firearm(s)?” Question 11.a includes, in stark bold lettering “You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.” Nonetheless, Abramski signed the form, knowingly lying about his intentions in purchasing the gun for his uncle.
When he was finally caught, Abramski answered with the audacity increasingly typical among a certain class of gun owners: He insisted the law itself was illegal. His lying, he claimed, was perfectly lawful. Surprisingly, he almost convinced the Supreme Court to let him off. Instead, a narrow majority of the Court declined Abramski’s invitation to gut one of the nation’s most important laws designed to reduce easy access to guns by felons and the mentally ill. The ruling is a relief to law enforcement—and a setback for the National Rifle Association.
Law enforcement will be happy because the majority’s decision affirmed the continued viability of the federal prohibitions on gun trafficking. Nearly half of all trafficking investigations by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the main federal agency overseeing gun sales, involve what Abramski did. It’s called “straw purchasing,” and it occurs when one person buys a gun for another person. People who can’t pass a background check, say, because of a prior felony conviction, persuade someone else to go to a gun store for them. It could be a girlfriend, a young recruit into the gang, or just someone looking to make a quick buck. Studies show that criminals often use straw purchasers to obtain firearms.
Abramski wasn’t planning to give his gun to a criminal. It was for his uncle, who wasn’t prohibited himself from purchasing firearms. In the lower courts, Abramski emphasized this argument. Because the uncle could have bought the Glock 19, Abramski’s misrepresentation on Form 4473 was not, as the law required, “material to the lawfulness of the sale.” This argument had a certain logic to it, even if it wasn’t especially persuasive in the end. The lie was still material because the gun store, which needs to verify the background of the buyer, would not have been allowed to sell the gun to Abramski had he told the truth. At the Supreme Court, however, Abramski decided to go further: He said he could lie regardless of his uncle’s eligibility. As is so often the case in today’s gun debate, a reasonable argument is pushed aside in favor of a more extreme and dangerous one.
Abramski’s extreme claim was that straw purchasing was not illegal at all. The law, he argued, only required the gun store to check his own background because he was the purchaser. It didn’t matter what he did with the gun later or whether he was already intending to sell it to his uncle, his aunt, or some dude he met at a gun show. As Justice Scalia, who agreed with this argument, wrote in dissent on behalf of Justices Alito, Thomas, and Chief Justice Roberts: “If I give my son $10 and tell him to pick up milk and eggs at the store, no English speaker would say that the store sells the milk and eggs to me.”
Writing for a majority that included Justices Kennedy, Ginsburg, Breyer, and Sotomayor, Justice Kagan declined to buy what Scalia and Abramski were selling. In holding that federal law intends to look beyond the store countertop (Abramski and the gun dealer) to see who the actual purchaser is (the uncle), Kagan was clearly worried about the AFT’s continued ability to prosecute gun trafficking. The “overarching reason” to reject Abramski’s circumscribed interpretation is that it “would undermine—indeed, for all important purposes, would virtually repeal—the gun law’s core provisions.”
Repealing gun control is exactly what the NRA, which filed a brief in support of Abramski, was hoping for. Although famous for saying we need to enforce existing gun laws, here at least the NRA was trying to make it harder to enforce federal law. Perhaps this is an example of what’s been called the NRA’s gun control “Catch-22”: make gun laws impossible to enforce, then point to the laws’ ineffectiveness as a reason to get rid of them. Had the NRA’s position won in the Court, tomorrow they’d be saying the background check law doesn’t work because it doesn’t stop straw purchasing.
Whatever the NRA’s motive, the nation’s leading gun rights organization will be disheartened by today’s ruling. It’s bad enough, from the NRA’s perspective, that the Court strengthened the hand of ATF—long the target of the NRA’s hostility. Worse, the Abramski case saw Justice Kennedy siding with the liberal wing of the Court to uphold a gun control law. Ever since the Supreme Court breathed new life into the Second Amendment in the 2008 case of District of Columbia v. Heller, another narrow, 5–4 decision, the NRA has been counting on Justice Kennedy to side with it in the NRA’s challenges to gun control.
Based on that expectation, the NRA has been pursuing lawsuits around the nation challenging a variety of gun control laws. The most significant of these are laws restricting who can carry guns in public. Just this term, the NRA and other gun rights advocates petitioned the Court to rule on that issue in several different cases. Although the Court has so far declined to hear any of those cases—and today’s case was not framed as a Second Amendment case—today’s ruling shows that Justice Kennedy is willing to support gun control. For people on either side of the gun debate, that may be the most important signal to come from the Court’s ruling.
By: Adam Winkler, Professor of Constitutional Law at The UCLA School of Law; The New Republic, June 6, 2014
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