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“Love You To Death”: Republicans Saving Souls Through The Destruction Of The Body

You, liberal reader, probably think of Ted Cruz as this vicious neo-McCarthyite crank who is raging around Washington threatening not so much Democrats as the imaginary RINOs who control his political party.

But the image he’s projecting to his fellow-conservatives, and that he’d like the GOP to project nationally, is very different: he’s a sweet huggy-bear who thinks Republicans lose elections because–I know this is hard to believe, but it’s true–people perceive that they don’t care about less-fortunate people. That’s gotta change, Cruz recently explained in Miami at the Cuban-Democracy PAC luncheon, via the Florida conservative blog The Shark Tank:

I think why Republicans did so poorly in the Hispanic community this last election was not primarily immigration, I think it was two words- 47 percent. And by that I don’t mean that unfortunate comment… What I mean is the narrative of the last election. The 47% percent who are dependent on government- we don’t have to worry about them. I can’t think of an idea that is more antithetical to what we believe as conservatives and Americans than that idea.

“Republicans did a poor job last time around…is making the case to the single mom, making the case to the young African American, the young Hispanic coming out of school looking for his first job that the party of opportunity is a party that allows and encourages small businesses to thrive and encourages economic growth.”

You hear this a lot from conservatives. The I’m-with-the-rich-because-I-love-the-poor rap is a hardy perennial that was bequeathed to the Right by the late Jack Kemp, who probably actually believed it. One of Kemp’s proteges, a guy named Paul Ryan, spoke at the Jack Kemp Foundation dinner in December, and justified his screw-the-poor budget policies as a deeper form of agape love for those who had been failed by the welfare state. Here’s a taste from the deep well of his compassion:

Not every problem disappears through the workings of the free market alone. Americans are a compassionate people. And there’s a consensus in this country about our obligations to the most vulnerable. Those obligations are beyond dispute. The real debate is how best we can meet them. It’s whether they are better met by private groups or by government – by voluntary action or by government action.

I like that. Not every economic or social problem can be ignored because the Market Knows Best. Some people may need help in the form of “voluntary action!” Let’s hear it for charity!

What’s never been clear to me is whether this Empowerment Conservative rhetoric is ultimately designed to appeal to poor and minority folk (if so, it’s failed dismally over the decades), to the news media, or to the tender consciences of conservatives themselves. Some media folk seem to find it a revelation whenever Republicans don’t look and sound like Daddy Warbucks, which is why Kemp always got such good press, and probably why the people surrounding George W. Bush thought “compassionate conservatism” was such a great marketing slogan.

What’s interesting about the version of this pseudo-ideology being embraced by Ryan and Cruz is that there is not one ounce of the old moderate-Republican noblesse oblige in it, with its compromises with the welfare state on behalf of the little people. No, for these new Empowerers love for the poor isn’t genuine unless it involves the full, ruthless destruction of the public support that has enslaved everyone dependent on it. They kind of remind me of the medieval priests who viewed the killing of heretics as the supreme act of charity, saving souls through the destruction of the body.

So it’s probably more a salve to their own (and their supporters’) consciences than a marketing tactic for people like Ryan and Cruz to promote their policy views as pretty much what Jesus would support if he were a Member of Congress. If it becomes necessary to love the poor to death, they’re up to the task.

 

By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, March 12, 2013

March 13, 2013 Posted by | GOP | , , , , , , , | Leave a comment

“Polarization And Voting Rights”: A Temptation To Voter Suppression That Republicans Just Can’t Resist

The 48th anniversary of the bloody beginning of the Selma March at the Edmund Pettis Bridge is as good a time as any to talk about the possibly imminent evisceration of the Voting Rights Act of 1965 by the U.S. Supreme Court (or at least five members of that Court).

At Larry Sabato’s Crystal Ball, Emory University’s Alan Abramowitz answers Justice Roberts’ recent question during oral arguments about the need for the “discriminatory” application of Section 5 by looking at recent evidence of racial polarization in voting in the states covered by that law. The abysmal performance of Republicans among nonwhite voters everywhere is so notable that it’s sometimes difficult to see the South as more polarized racially and politically than the rest of the country. But still, in as of 2008 (the last time we had national exit polls in a presidential election), nonwhite voters made up 62% of the Democratic coalition in the Section 5 states and only 35% in the rest of the country. And historically, there’s no question racial polarization has played a huge part in the Republican takeover of the Deep South, beginning with the hyper-racialized states of Mississippi, Alabama and South Carolina and then spreading to the rest of the region.

Speaking of the Republican takeover, however, Abramowitz makes a key point about the particularly poor timing of any judicially imposed abandonment of Section 5:

All nine covered states currently have Republican governors and Republican majorities in both chambers of their legislatures. This means that political leaders in these states have a powerful incentive to suppress or dilute the votes of African Americans and other minorities because these groups make up the large majority of the Democratic electoral base in their states. Moreover, as the majority party, they also have the ability to enact laws and regulations to accomplish these goals.

And they can do so, of course, without significant negative impact on their own voters. Even if you think the evidence of especially persistent racism in the Deep South is mixed, this is a temptation to voter suppression that no honest person can expect Southern Republicans to resist.

 

By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, March 7, 2013

March 9, 2013 Posted by | Civil Rights, Voting Rights | , , , , , , , | Leave a comment

“Racial Entitlement?”: Trust Us Says The South, Just Like The Wifebeater Who Says He Has Seen The Error Of His Ways

One day, many years ago, I was working in my college bookstore when this guy walks in wearing a T-shirt. “White Power,” it said.

I was chatting with a friend, Cathy Duncan, and what happened next was as smooth as if we had rehearsed it. All at once, she’s sitting on my lap or I’m sitting on hers — I can’t remember which — and that white girl gives this black guy a peck on the lips. In a loud voice she asks, “So, what time should I expect you home for dinner, honey?”

Mr. White Power glares malice and retreats. Cathy and I fall over laughing.

Which tells you something about how those of us who came of age in the first post-civil-rights generation tended to view racism; we saw it as something we could dissipate with a laugh, a tired old thing that had bedeviled our parents, yes, but which we were beyond. We thought racism was over.

I’ve spent much of my life since then being disabused of that naivete. Watching media empires built upon appeals to racial resentment, seeing the injustice system wield mass incarceration as a weapon against black men, bearing witness as the first African-American president produced his long-form birth certificate, all helped me understand just how silly we were to believe bigotry was done.

So a chill crawled my spine last week as the Supreme Court heard arguments in a case that could result in gutting the Voting Rights Act. That landmark 1965 legislation gave the ballot to black voters who had previously been denied it by discriminatory laws, economic threats, violence and by registrars who challenged them with nonsense questions like, “How many bubbles are in a bar of soap?”

One of the act’s key provisions covers nine mostly Southern states and scores of municipalities with histories of such behavior. They must get federal approval before changing their voting procedures. The requirement may be stigmatizing, but it is hardly onerous.

Yet Shelby County, AL seeks the provision’s repeal, pronouncing itself cured of the attitudes that made it necessary. “The children of today’s Alabama are not racist and neither is their government,” wrote Alabama attorney general Luther Strange last week.

It was rather like hearing a wifebeater say he has seen the error of his ways and will no longer smack the missus around. Though you’re glad and all, you still hope the wife’s testimony will carry a little more weight in deciding whether the restraining order should be lifted.

But the Court’s conservatives seemed eager to believe, peppering the law’s defenders with skeptical questions. Indeed, Justice Antonin Scalia branded the law a “racial entitlement.”

Sit with that a moment. A law protecting the voting rights of a historically disenfranchised minority is a “racial entitlement”? Equality is a government program?

Lord, have mercy.

There is historical resonance here. In the 1870s, the South assured the federal government it could behave itself without oversight. The feds agreed to leave the region alone where race was concerned. The result: nearly a century of Jim Crow. Now here comes Shelby County, saying in effect: We’ve changed. Trust us.

It is an appeal that might have seemed persuasive back when I was young and naive, sitting on Cathy’s lap (or she on mine) and thinking race was over. But that was a long time ago.

Yes, the South has changed — largely because of the law Shelby County seeks to gut. Even so, attempts to dilute the black vote have hardly abated. We’ve just traded poll taxes and literacy tests for gerrymandering and Voter ID laws.

So we can ill afford to be as naive as a top Court conservative at the prospect of softening federal protection of African-American voting rights. “Trust us,” says the South. And the whole weight of history demands a simple question in response.

Why?

 

By: Leonard Pitts, Jr., The National Memo, March 3, 3013

March 5, 2013 Posted by | Civil Rights, Voting Rights | , , , , , , , | Leave a comment

“Vulnerability Of The Vote”: Insurance Against Racial Suppression Should Not Be On A Backwards Slide

An odd scene unfolded in Washington on Wednesday: as the president and leaders of Congress were dedicating a statue to Rosa Parks, the lifelong activist whose defiance on a Montgomery, Alabama, bus helped spark the Civil Rights Movement, across the street the Supreme Court heard oral arguments on one of the signature piece of civil rights legislation, the Voting Rights Act.

Specifically, the court heard the case of Shelby County v. Holder, in which that Alabama county seeks to overturn Section 5 of the Voting Rights Act, which was passed in 1965. That section requires states — and some municipalities — to get pre-clearance from the Justice Department or the District of Columbia federal court before making any changes to voting laws.

The fundamental question is whether states that have a history of voter suppression should forever have to live with the legacy of that past.

The problem with the law, in my mind, is that it should be expanded rather than struck down.

The Brennan Center for Justice at New York University maintains that “Section 5 is an essential and proven tool.” According to the center:

“Although progress has been made since the Voting Rights Act passed in 1965, voting discrimination still persists. Between 1982 and 2006 (when Congress overwhelmingly renewed the law), the Voting Rights Act blocked more than 1,000 proposed discriminatory voting changes. Without Section 5’s protection, these changes would have gone into effect and harmed minority voters.”

The center calls the passage of the Voting Rights Act “a reflection of the promise of our Constitution that all Americans would truly have the right to vote without facing discrimination, poll taxes, and other abuses,” and I wholeheartedly agree with that point of view.

The problem that the law may run into is that it’s too narrow.

In a 2009 ruling questioning the constitutionality of Section 5, Chief Justice John G. Roberts Jr. wrote:

“The evil that Section 5 is meant to address may no longer be concentrated in the jurisdictions singled out for preclearance. The statute’s coverage formula is based on data that is now more than 35 years old, and there is considerable evidence that it fails to account for current political conditions. For example, the racial gap in voter registration and turnout is lower in the States originally covered by Section 5 than it is nationwide.”

If the Voting Rights Act covered all states and not just some, Justice Roberts’s argument would be null. In fact, there is growing evidence that such a national requirement would be prudent. Many of the states that sought to install voter suppression laws leading up to last year’s election were in fact not covered by Section 5.

Roberts hammered this point home Wednesday during oral arguments, asking, “Is it the government’s submission that the citizens in the South are more racist than the citizens in the North?”

Seven of the nine states covered by Section 5 are in the south (Alabama, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia). The other two states are Arizona and Alaska. Some counties and townships are covered in other states.

The Southern states that Section 5 applies to span the Black Belt of the south, a region with the most glaring electoral abuses in the 1960s.

A November Pew Research Center report points out the obvious: blacks were the largest minority group in 1960, but that is no longer the case.

According to the report, blacks were 11 percent of the population, while Hispanics were 3.5 percent and Asians were .6 percent. Since then, the demographics of the country have changed dramatically. According to Pew, in 2011 blacks were 12 percent of the population, while Hispanics were 17 percent and Asians were 5 percent. And the numbers are projected to change even more. By 2050 Pew estimates that blacks will be only 13 percent of the population, while Hispanics will be 29 percent and Asians 9 percent.

To boot, Hispanics and Asians geographically dispersed differently than blacks.

We not only need to keep Section 5 in place, we also need to consider expanding it so that every voter has fair and equal access to the ballot. There are hurdles to achieving this goal, of course. The court might also find that it’s unconstitutional to broaden that section of the law, deeming it too onerous and an infringement on states’ rights — particularly those states that don’t have a demonstrable, endemic, systematic history of discrimination.

Still, it’s worth some thought.

During oral arguments, Justice Antonin Scalia went so far as to call Section 5 the “perpetuation of racial entitlement.” (That guy…) It’s not a racial entitlement, sir, but insurance against racial suppression.

In the president’s remarks at the statue dedication, he rightfully hedged his words. Instead of saying that because of people like Parks our children grow up in a land that is free and fair and true to its founding creed, he said that because of them it is “more free and more fair; a land truer to its founding creed.” (Emphasis mine.)

We’ve come a long way, but we’re not there yet, and the last thing we want or need now is to slide backward.

 

By: Charles M. Blow, Op-Ed Columnist, The New York Times, February 27, 2013

March 3, 2013 Posted by | Civil Rights, Voting Rights | , , , , , , , | 2 Comments

“Scalia’s Weird Voting Rights Act Spat”: A Perpetuation Of A White Supremist Argument

It is hard to overstate the importance of the Voting Rights Act of 1965. At the heart of the law that ended decades of disenfranchisement in former Confederate states is Section 5, the “preclearance” provision. Section 5 requires jurisdictions with a history of discrimination to get prior federal approval for any changes to state voting laws. The necessity of this provision was clear: without it, states had been able to nullify the commands of the 15th Amendment by passing measures that were formally race-neutral but were discriminatory in practice.

Regrettably, the Supreme Court appears poised to eliminate one of the proudest achievements of American democracy. As Esquire‘s Charles Pierce puts it, striking down Section 5 would constitute “the final victory of the long march against the achievements of the Civil Rights Movement that began almost before the ink dried on the bill in 1965.”

The most remarkable example of the contemporary Republican hostility to civil rights came, unsurprisingly, from Antonin Scalia. Ensuring equal access to the ballot, asserted Scalia, represents “a phenomenon that has been called the perpetuation of racial entitlement.” As it happens, Scalia’s argument has precedent … in the white supremacist arguments made by the Supreme Court in the 19th Century when it was dismantling Reconstruction. In the Civil Rights Cases, the majority opinion sniffed as it struck down the Civil Rights Act of 1875 that “there must be some stage in the progress of his elevation when [the freed slave] takes the rank of a mere citizen and ceases to be the special favorite of the laws.” As Justice Harlan noted in dissent, this line of argument was nonsense: “What the nation, through Congress, has sought to accomplish in reference to [African-Americans] is what had already been done in every State of the Union for the white race—to secure and protect rights belonging to them as freemen and citizens, nothing more.” Harlan was right then, and he’s even more obviously right now. Ensuring equal access to the ballot does not represent a “perpetuation of racial entitlement.” It simply provides the foundation for equal citizenship.

Scalia’s arguments about “racial entitlements” also represent an odd theory of democracy. The strong support for the VRA, Scalia argues, is just a product of the fact that “when a society enacts racial entitlements, it is very difficult to get out of them through the ordinary political process.” Note, first of all, the hostility evident in Scalia’s phrasing: he seems to take for granted that it’s an important goal to “get rid of” what he erroneously calls a “racial entitlement.” And leaving that aside, his argument perversely assumes the effectiveness of the bill and the political support it generated are reasons the Court should strike it down. This makes no sense. As Justice Breyer noted, it’s not irrational for legislators to want to continue to apply a remedy that has largely (but not fully) eradicated the disease of disenfranchisement. Nor is Scalia’s belief that politics compels legislators in every state to vote for the bill (a Republican would lose a Senate seat in Utah or Mississippi if he voted against it? Really?) particularly plausible.

Scalia has made similar arguments before. The last time the Supreme Court heard arguments about the VRA, Scalia argued that the 98-0 vote was irrelevant because “The Israeli supreme court … used to have a rule that if the death penalty was pronounced unanimously, it was invalid, because there must be something wrong there.” As is Scalia’s trademark, the argument is a superficially clever one that collapses on the slightest inspection. Most democratic jury systems—including the American one—are premised on the idea that a unanimous jury is more reliable one than a non-unanimous one, for the obvious reason that this is true. And while the unanimity of the Senate does not in and of itself ensure that the act is constitutional, it should certainly make the Court more reluctant to strike it down.

The rest of the points made by the conservative justices today made clear that not only are they likely to find Section 5 unconstitutional in this form, but in any possible form. They questioned whether a history of discrimination was sufficient reason to apply preclearance requirements to the nine states covered by Section 5. Could Congress avoid this problem by covering everyone? Apparently not. After the Solicitor General responded to Justice Kennedy’s question about whether the “preclearance device could be enacted to the entire United States” by saying that this would not be justified based on the current record, Kennedy responded “there is a federalism interest in making each state responsible” for enforcing voting rights.

Congress can’t win—given that Kennedy is the swing vote, whether the legislative body applies preclearance selectively or uniformly, its actions will likely be struck down by a Court that values “states’ rights” over fundamental human rights.

This is the wrong approach. The Fifteenth Amendment gives Congress broad discretion to enforce voting rights, and the Court should defer to to Congress barring much stronger arguments than are currently being advanced against the VRA. The relative success of the Act and the strong bipartisan support it enjoys are reasons to uphold it, not to strike it down. States remain capable of devising creative new ways to disenfrachise voters. And as Justice Scalia (perhaps inadvertently) let out of the bag, if the Court strikes it down it will not be because it is compelled to by the text of the Constitution, but because of conservative hostility to the idea of civil rights and a broad franchise.

 

By: Scott Lemieux, The American Prospect, February 27, 2013

March 2, 2013 Posted by | Civil Rights, Supreme Court | , , , , , , , | 1 Comment