“Is It Constitutional, The Civil Rights Act?”: Learning To Live With The Civil Rights Act, 50 Years Later
Freshman U.S. Rep. Ted Yoho (R-FL) has mainly drawn attention as a Tea Party ultra who somehow managed to draw a Tea Party ultra ultra 2014 primary opponent with rather exotic extracurricular activities.
But he may be fairly typical of his ideological cohort in having some, well, problems coming to grips with major legislation enacted a half-century ago, per this report from Scott Keyes of Think Progress:
Rep. Ted Yoho (R-FL), a freshman congressman aligned with the Tea Party, held a town hall Monday evening in Gainesville where he fielded a wide range of questions from constituents. One such voter was Melvin Flournoy, a 57-year-old African American from Gainesville, who asked Yoho whether he believes the Civil Rights Act is constitutional.
The easy answer in this case — “yes” — has the benefit of also being correct. But Yoho found the question surprisingly difficult.
“Is it constitutional, the Civil Rights Act?” Yoho repeated before giving his reply: “I wish I could answer that 100 percent.” The Florida Republican then went on to strongly imply it may be unconstitutional: “I know a lot of things that were passed are not constitutional, but I know it’s the law of the land.”
Well, that’s mighty nice of him to acknowledge the Supremacy Clause, not a universal tendency among self-styled Constitutional Conservatives.
But the difficulty a lot of CCers have with the Civil Rights Act–which almost certainly exceeds public expression, given the rather controversial nature of fighting the particular lost cause that helped sink their predecessor Barry Goldwater’s 1964 presidential campaign–comes from three distinct but interrelated sources. The wonkiest issue is hostility to the Commerce Clause jurisprudence on which the Public Accommodations section of the Civil Rights Act relied for regulating private discriminatory business practices. It’s very common in conservative legal circles to deplore the extension of federal power via the Commerce Clause during a chain of Supreme Court decisions beginning in the 1930s; Chief Justice Roberts famously refused to accept a Common Cause rationale for the Affordable Care Act of 2010.
A second argument that would have been more familiar to Goldwater and to the southern segregationists who flocked to his 1964 campaign is a states’ rights objection to federal regulation of race relations. While today’s neo-secessionists would try to stay a million miles from racial issues in arguing that “state sovereignty” retains meaning even after the Civil War, it still has a ghostly power in conservative circles.
And then there is the idea, embraced off-and-on by the Paul family, that the Civil Rights Act simply violates fundamental principles of private property rights that cannot be trammeled for any cause, however justifiable.
It’s unclear which of these conservative concerns about the Civil Rights Act Ted Yoho shares, notwithstanding his willingness to bend the knee to the “law of the land.” But it’s interesting that he and other constitutional conservatives can’t quite suppress their discomfort with a legal regime that ensures people aren’t denied access to restaurants and hotels and other business because of the color of their skins.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, April 15, 2014
“In Florida, Anything Can Happen”: Vampires, RINOs And Things That Go Bump In The Night
From the state that gave us Katherine Harris and Mark Foley came news this week that a vampire is running for Congress.
This particular bloodsucker — actually, he does role-playing as a vampire after dark — is trying to defeat Rep. Ted Yoho in a Republican primary in central Florida. The fanged contender believes Yoho — a tea party conservative — is a liberal who has “embarrassed” his constituents.
Speaking of embarrassing, the SaintPetersBlog Web site reported that this challenger, 35-year-old attorney Jake Rush, has moonlighted as a participant in a Gothic troupe engaged in “night-to-night struggles ‘against their own bestial natures.’ ” Rush, a former sheriff’s deputy, issued a news release.
“I’ve been blessed with a vivid imagination from playing George Washington in elementary school to dressing up as a super hero last Halloween for trick-or-treaters,” Rush’s statement said, adding that he also is a “practicing Christian” who “played Jesus” in a church play.
Running for office in the Sunshine State poses some unique problems for vampires, not least their difficulty of campaigning in daylight hours. Yoho will probably keep his seat, particularly if he remembers to wear garlic.
But the Rush candidacy reminds us of an important truism in politics: In Florida, anything can happen.
For more evidence of this, consider what is happening next weekend on Amelia Island, not far from where Jake Rush and the other undead play. There, House Majority Leader Eric Cantor and Majority Whip Kevin McCarthy will speak at a fundraiser for Republican moderates. In today’s Republican Party, moderates are less popular than vampires, so it is extraordinary that these two young leaders, who have assiduously courted the tea party the past five years, are willing to associate themselves with those the tea partiers deride as RINOs, Republicans in Name Only.
“It’s great news,” says Steve LaTourette, who runs the Republican Main Street Partnership and is a board member of its offshoot political action committee, which is hosting the gathering at the Ritz-Carlton. “The fact that they want to come is very encouraging as a centrist Republican. . . . That they at least want to break bread with us I give them credit for, because they’re certainly getting attacked for it.”
That they are, in the blogosphere, on talk radio and even in fundraising pitches from tea party candidates. “Next weekend, John Boehner, Eric Cantor, Kevin McCarthy, and 25 other members of Congress are flying to Amelia Island to collaborate with a group dedicated to defeating conservatives in Congress,” conservative pundit Erick Erickson harrumphed.
Actually, House Speaker Boehner has addressed the group before but will be on foreign travel this time. More significant is the first-ever attendance of Cantor, who has been seen as a potential threat to Boehner from the right.
The presence of Cantor and McCarthy shows their increased confidence in defying the purity demands of organizations such as the Club for Growth, Heritage Action and FreedomWorks. You can’t get much more defiant than siding with LaTourette, who, in a Post op-ed in September, likened 30 to 40 conservative Republicans in the House to trained monkeys, writing that “the monkeys are running the zoo.”
LaTourette, a former (moderate) Republican congressman, thinks it’s a sign of things to come. He noted that of the 10 Republican House members targeted for primaries by the Club for Growth’s “primarymycongressman.com” project, nine belong to his organization. “We’re not going to lose anything,” LaTourette predicted. He noted that conservative groups have gone from saying “they’re going to kick our ass” to saying “we’re going to win one.”
It’ll be a long time before the 52 House Republican members of the Main Street group gain any real power, but from Florida anything seems possible. Florida has given us everything from former representative Allen West, the most militant of conservatives, to Rep. Alan Grayson, the most strident of liberals. Charlie Crist, the former Republican governor who lost a Senate bid as a Republican and then as an independent, is running for governor again — as a Democrat — and just might win.
Florida, too, gave us Republican Rep. Trey Radel, who recently resigned after a cocaine arrest, and Democratic Rep. Tim Mahoney, who succeeded Foley after the congressional-page scandal by promising to restore family values; he lost the seat after it was reported that he paid a staffer $121,000 to keep their affair quiet.
Now Florida is giving us vampires, RINOs and other things that go bump in the night. It is fun to believe they might be real.
By: Dana Milbank, Opinion Writer, The Washington Post, April 4, 2014
“Econ 101 For The Party Of Sore Losers”: Tea Party Politics And Policy Limit Economic Freedom And Growth
Our businesses, markets and citizens are breathing sighs of relief. After wasting billions and toying with America’s creditworthiness, the so-called tea party has ceased, for the moment, holding our democracy and our economy hostage. Nevertheless, the fringe faction that calls itself by this name has made it abundantly clear that it lacks the character to own up to its folly. This Party of Sore Losers (POSERS, for short) has hacked at the proverbial cherry tree and, learning nothing from young George Washington, has failed to own up. In fact, it is holding the axe behind its back, ready to hack again.
This past month, attention was appropriately focused on the short-term consequences of the government shutdown and the POSERS’ game of chicken with sovereign default – default at the national level. This is serious. As Warren Buffett emphasized during the crisis in an interview with Fortune, we’ve spent hundreds of years building up our credibility; it takes but a moment to ruin it. Worldwide, markets have enormous confidence in our financial integrity and the functioning of our government. To date, the free market believes in America’s capacity and commitment to make good on its obligations. Let’s keep it that way.
During the Reagan years, it was liberals who thought the world was ending because of mounting federal debt. Eventually the country paid it down. We must do this again, but if we’re serious about it, first we need policies that support enterprise and growth. We have come through long wars and a stubborn recession. More of our veterans need employment in the private economy, and more of our businesses need to be able to hire and to invest in innovation again.
It is under such conditions that the Party of Sore Losers thought it would play with default at the national level. This shows a blatant disregard for growth and what growth means to our nation. In their zeal, they have put the economic cart before the horse. It’s as if they truly don’t understand that the horse – private enterprise and the growth and employment it generates – pulls the cart.
Much has been written in recent weeks about what the shutdown cost the nation and what a default would have cost. If the brinksmanship that brought us there were only a one-time tactic, it would have been bad enough. As it is, this tactic was merely the latest instance in a consistent pattern of fixation on cuts and obstruction, to the exclusion of growth. If you were out of a job, would it do you much good to stop showering, doing the laundry or paying rent and utilities, all in an effort to cut expenses? It would bring your costs down, to be sure. But it wouldn’t help you get a job.
As vivid as this analogy might be, it makes the point. POSER policies block investment in infrastructure, financial transparency, food safety, pollution controls and education. These are our Internet, our shower, our breakfast, laundry and rent; these fundamentals provide the stable conditions we need to get back to work. Investment in them is something business owners repay many times over. When a stable and functioning government does its job, we entrepreneurs can do ours: creating value and hiring people without unnecessary hindrance.
There are significant dangers when the government starts doing what private industry does best. Think of the last time you were in line at a government agency, and of the level of customer service you received, compared to what you got from a company that would lose you as a customer if it did a bad job. You can vote your representatives out, but the staff at your local government agency isn’t typically up for re-election.
There are, of course, many dedicated civil servants who give you their very best. Still, overall, beware the performer playing to a captive audience. Private companies that succeed in locking you in as a customer only underscore the point. Think of the last time you were on hold with, or tried to use the latest software from, a business with which you as a customer were more or less stuck. When a company becomes the only game in town, or seduces you into signing that contract, a certain disdain for your needs often follows.
The POSERS who call themselves the tea party appear to be seized by a great fear that we will all be waiting in line at government health clinics. The trouble is that they’re forcing their version of free choice down our throats. It can be hard to see the irony in this when you’re convinced that you’re channeling the will of the people. In an interview in Business Insider just days before the recent debt-ceiling deadline, POSER Rep. Ted Yoho claimed to know what “the people” wanted. He broke it down for the rest of us: “They have chosen not to fund the government.”
How did we get to this point? Did the POSERS get so good at dismissing their perceived political opponents on ideological grounds that they started to hear nothing but their own voices? Was it the hay this faction made by obstructing government, while screaming that the president was a socialist, that allowed its arguments to become divorced from what a functioning market economy is?
However they talked themselves into it, the POSERS have demonstrated their readiness to play havoc with the most basic needs of the business owner in America. They have shown their disregard for what it means to carry on our work with some confidence that government will do its job, while we do ours. What’s so tragic about this, among other things, is that it discredits legitimate efforts to keep government out of places it shouldn’t be.
In view of what the POSERS have put us through of late, Americans of all mainstream political persuasions should be on guard. The so-called tea party may pose the greatest threat to free enterprise in decades. The POSERS would block moves to reestablish the financial transparency on which savers and investors rely. They would make us pay the costs of other people’s pollution. They would restrict the economic opportunity for immigrants on which this country’s success is based. And they would rob us of our right to enjoy or to suffer from that which we have chosen for ourselves in free elections.
Whether “Obamacare” turns out to hurt businesses and employees more than it helps them, we’re going to find out in practice. Far more threatening to private industry is the way the POSERS would cut off our economy’s nose to spite its face. One can only assume they earnestly believe themselves to be in a mortal struggle to keep government from interfering with our choices. In reality, of course, POSER economic policies limit those choices, in the ways I’ve described.
Moreover, these policies function to keep the private economy small and constrain recovery and growth, thereby perversely increasing our dependence on debt spending. We badly need to teach these ideologues the basics of cash flows, debt and investment, value generation and growth. Alas, the Party of Sore Losers has been busy teaching the rest of us a course of its own design. The textbook is titled, “Converting Resilient American Innovation into Entirely Unnecessary, Government-Induced Economic Paralysis (A Sore Loser’s Approach: 2013 Edition).”
By: Alejandro Crawford, U. S. News and World Report, October 29, 2013
“Make ’Em Pay”: House Republicans Act As If They Are Immune From Majority Sentiment, But Each Is Up For Re-Election In 2014
Where do you go if you’re a “Deadliest Catch” kind of guy, manliest of manly men, but couldn’t fish for king crab because some jelly-bellied Republicans threw a tantrum 5,000 miles away and shut down the government?
What do you do if you’re a farmer in Kansas who could not put winter wheat in the ground or get this year’s cattle vaccine because your government agriculture office was deemed nonessential? Whom do you see about the home loan that was held up, the family restaurant near the federal building that couldn’t meet October’s payroll, the bookings lost at season’s end in dozens of national parks?
Real Americans, the wind-chapped toilers so often invoked by politicians in a phony froth, lost real money from the real pain inflicted on their livelihoods by the extortionists in Congress this month.
How much money? At least $24 billion was the estimate given by Standard & Poor’s. Small business was hit particularly hard. And it’s a rolling pain, affecting consumer confidence, that will be felt through a holiday buying season that can make or break many retailers.
“I am a small businessman in a big ocean with big bills,” said Captain Keith Colburn, an Alaska crab fisherman, in Senate testimony during the shutdown. “I need to go fishing,” said the skipper, who is featured in the reality TV show “Deadliest Catch,” but was being held back by “a bunch of knuckleheads,.” who prevented marine regulators from doing their jobs.
So, who pays? For years, Republicans have been trumpeting the idea that when a government action hurts a private business, the government should compensate for the loss. This principle is based on a broad reading of the takings clause of the Fifth Amendment; it’s usually summoned as leverage against environmental regulation.
But in the case of the federal shutdown, of course, the economic hit on millions of Americans didn’t come from government — it came from one political faction in the House of Representatives. You could sue the Tea Party, but what is that? A bunch of costumed zealots on Fox are not responsible for anything that comes out of their mouths and lands in the porous mind of someone like Representative Ted Yoho of Florida.
You could sue Ted Cruz of Texas for initiating the calamity with a marathon of self-absorption. But the senator, like all members of Congress, has broad protection to pretty much say or do anything he wants inside the thick-walled refuge of the Capitol, a free speech guarantee that is warranted even when abused by vanity projects like Cruz.
What’s left is the ballot box. And here, Red State America can do a huge service for the rest of country. The states hit hardest by the shutdown, it now appears, were those where Republicans prevail. Virginia, with its wealth of government jobs and businesses that depend on those jobs, is Exhibit A. There, Republicans are likely to lose the governor’s race next week in part because their party disrupted so many lives in October’s meltdown.
The more difficult job will be ousting, from hardened, gerrymandered districts, the people who put ideology ahead of common sense and commerce. They seem faceless and buffoonish. They act as if they are immune from majority sentiment. But each of them is up for re-election a year from now, and the good news is that almost 75 percent of voters say most Republicans in Congress don’t deserve to be sent back to Washington.
In some districts, it will be civil war. What’s left of moderate Republicans are organizing to go after the crazies. “Hopefully, we’ll go into eight to 10 races and beat the snot out of them,” former Representative Steve LaTourette of Ohio told the National Journal. His group of fed-up Republicans, Defending Main Street, plans to raise $8 million to target the looniest of the loons.
Make Steve King of Iowa pay. As key government offices across the country were shuttered, as farmers in his district could not get their loans processed, King crowed, “We’re right!” He exists because political theater requires new players in clown makeup. The Des Moines Register recently suggested a slogan for King: “Send me back to Washington so I can continue to embarrass Iowa.”
Make Darrell Issa of California pay. Using the vast apparatus of his House Oversight and Government Reform Committee, he is going after National Park Service rangers. Having shut down the government, Issa wants to know why popular parks and monuments were closed. The audacity! During an earlier hearing, a fellow congressman provided an answer: He held up a mirror and aimed it at Republican lawmakers.
And certainly make Marlin Stutzman of Indiana pay. This congressman gave history the money quote on the shutdown. “We have to get something out of this,” he said. “And I don’t know what that even is.” A year from now, he can find out.
By: Timothy Egan, Op-Ed Contributor, The New York Times, October 28, 2013
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