“Fear Mongering, Because It’s All They Have Left”: The GOP Is Desperate To Win The Mid-Term Elections
They supported the sequester which cut funding research for the Center For Disease Control. Maybe we could have been closer to a cure for a certain virus. They refused to hold confirmation hearings for President Obama’s choice for Surgeon General because they don’t like the nominee, Dr. Vivek H. Murthy (big surprise! Could the NRA’s objection have something to do with it?) Gee, we could have used one right about now. They decided to not come back from their fall break (after a long summer vacation) to vote on going to war against ISIS and instead are campaigning for the mid-term elections.
And now certain members of the Republican party are running election ads attacking the President and Democrats for not doing more to stop both the Ebola virus and ISIS. To me, this is the height of hypocrisy.
One GOP campaigner, Rep. Duncan Hunter (R-CA) even went so far as to lie on Fox News and say at least 10 Islamist State fighters were captured at the southern border. This, after others concocted a false scheme where they say immigrant children were entering the country with the Ebola virus.
Either the GOP is very clever, playing on the fears of US citizens or they are desperate to win the mid-terms. But the truth is the President has shown leadership and taken bold action on both issues. He sent troops and medical aids and supplies to the Ebola afflicted African nations. He has appointed an Ebola Czar, Ron Klain, a veteran DC insider with experience in navigating the government bureaucracy and after calling on the President to appoint such a position, of course, the GOP are condemning his choice because they say he has no medical background.
My understanding is that this appointee will not be actually doctoring or healing those with the disease but coordinating and overseeing an effort to find a cure and assist health care workers and hospitals and tracking down those exposed to the virus.
The President and Secretary of State John Kerry have assembled an impressive coalition of many nations including Arab ones to help fight ISIS. Our bombing of ISIS headquarters in Syria and Iraq and most recently the Syrian Kurdish border city of Kobane have ISIS on the run. President Obama has said it will be a long fight but we must prevail.
The ironic thing is that even though Republican lawmakers support the President’s actions against ISIS, many have blamed him for their emergence and have constantly called him weak on foreign policy issues. I remember a time when it would have been deemed treasonous to not back our Commander in Chief in times of war.
Instead of constantly condemning, I would like to know what the GOP plans to do. Besides a travel ban which many experts believe would hamper efforts to contain the virus where it started, I have seen no solutions from Republicans to either of these crises.
I notice we hear little these days about Obamacare which was supposed to be the defining issue of these mid-terms. I guess that means those people who have it like it (and can keep it). My question is why don’t the Democrats turn it into an election year plus and call out the naysayers? Is it because it is too closely tied to the President? The GOP may be fear mongerers but the Dems are cowards.
It seems to me those seeking election should campaign positively and tell what they have done and will do for the American public rather than running away from the tough issues or blaming the other side for all the ills in the world. No wonder Congress has an approval rating of 16 percent. They talk about the President’s being low at 40 percent but he’s 24 percent higher than they are.
I get it. The campaign tactic is to deflect from the good economic news and the growing support for Obamacare. But I am hoping the electorate will reject the fear mongering and the voter suppression and the cowardly avoiding of the hot button issues and do research and vote for those who run clean campaigns and have proven themselves good public servants. There must be a handful of them out there. The only way to exact change is to throw out those who have no solutions but constantly complain. Negativity is not what we need right now, rather it is a coming together of hearts and minds to solve our problems in a constructive way regardless of party.
By: Joan E. Dowlin, The Huffington Post Blog, October 21, 2014
“An Affirmative Right”: Adding The Right To Vote To The Constitution
The Bill of Rights, as the name implies, lists a wide variety of privileges of citizenship that cannot be taken from Americans without due process. You have the right to free speech, you have the right to bear arms, you have the right to a fair trial, etc. The right to vote, however, isn’t mentioned.
In fact, though the Constitution offers some relatively detailed instructions on voting for president through the Electoral College, the document has far less to say about the right of Americans to cast a ballot in their own democracy. There are amendments extending voting rights to freed slaves, women, and 18-year-olds, and poll taxes are prohibited, but there’s no additional clarity in the text about Americans’ franchise.
Up until fairly recently, that wasn’t considered much of a problem – at least since the Jim Crow era, there was no systemic national campaign underway to undermine voting rights. But in the Obama era, the Republican campaign to suppress the vote has included restrictions without modern precedent, which in turn has started a new conversation about changing the Constitution to guarantee what is arguably the most fundamental of all democratic rights.
Matt Yglesias had a good piece on this yesterday.
When the constitution was enacted it did not include a right to vote for the simple reason that the Founders didn’t think most people should vote. Voting laws, at the time, mostly favored white, male property-holders, and the rules varied sharply from state to state. But over the first half of the nineteenth century, the idea of popular democracy took root across the land. Property qualifications were universally abolished, and the franchise became the key marker of white male political equality. Subsequent activists sought to further expand the franchise, by barring discrimination on the basis of race (the 15th Amendment) and gender (the 19th) — establishing the norm that all citizens should have the right to vote.
But this norm is just a norm. There is no actual constitutional provision stating that all citizens have the right to vote, only that voting rights cannot be dispensed on the basis of race or gender discrimination. A law requiring you to cut your hair short before voting, or dye it blue, or say “pretty please let me vote,” all might pass muster. And so might a voter ID requirement.
The legality of these kinds of laws hinge on whether they violate the Constitution’s protections against race and gender discrimination, not on whether they prevent citizens from voting. As Harvard Law professor Lani Guinier has written, this “leaves one of the fundamental elements of democratic citizenship tethered to the whims of local officials.”
All of which leads to the question about a constitutional amendment, making the affirmative right of an adult American citizen to cast a ballot explicit within our constitutional system.
For some in Congress, this isn’t just an academic exercise. TPM had this report back in May.
A pair of Democratic congressmen is pushing an amendment that would place an affirmative right to vote in the U.S. Constitution. According to Rep. Mark Pocan (D-WI), who is sponsoring the legislation along with Rep. Keith Ellison (D-MN), the amendment would protect voters from what he described as a “systematic” push to “restrict voting access” through voter ID laws, shorter early voting deadlines, and other measures that are being proposed in many states.
“Most people believe that there already is something in the Constitution that gives people the right to vote, but unfortunately … there is no affirmative right to vote in the Constitution. We have a number of amendments that protect against discrimination in voting, but we don’t have an affirmative right,” Pocan told TPM last week. “Especially in an era … you know, in the last decade especially we’ve just seen a number of these measures to restrict access to voting rights in so many states. … There’s just so many of these that are out there, that it shows the real need that we have.”
The Pocan/Ellison proposal would stipulate that “every citizen of the United States, who is of legal voting age, shall have the fundamental right to vote in any public election held in the jurisdiction in which the citizen resides.”
The proposed amendment did not exactly catch fire on Capitol Hill: after its introduction, the proposal picked up 25 Democratic co-sponsors; en route to being entirely ignored by the political establishment and the House Republican leadership. There’s still no companion bill in the Senate.
I would assume that Pocan and Ellison aren’t surprised by the reception, but as the “war on voting” intensifies, and the Supreme Court’s support for voting rights wanes further, it’s not hard to imagine the demand for their measure growing.
Indeed, a year ago, Norm Ornstein, one of the Beltway’s most respected political scientists, made the case for precisely this kind of constitutional amendment.
We need a modernized voter-registration system, weekend elections, and a host of other practices to make voting easier. But we also need to focus on an even more audacious and broader effort – a constitutional amendment protecting the right to vote…. [T]he lack of an explicit right opens the door to the courts’ ratifying the sweeping kinds of voter-restrictions and voter-suppression tactics that are becoming depressingly common.
An explicit constitutional right to vote would give traction to individual Americans who are facing these tactics, and to legal cases challenging restrictive laws. The courts have up to now said that the concern about voter fraud – largely manufactured and exaggerated – provides an opening for severe restrictions on voting by many groups of Americans. That balance would have to shift in the face of an explicit right to vote. Finally, a major national debate on this issue would alert and educate voters to the twin realities: There is no right to vote in the Constitution, and many political actors are trying to take away what should be that right from many millions of Americans.
That shift in balance is of particular interest. As Matt noted in his piece, “A constitutional right to vote would instantly flip the script on anti-fraud efforts. States would retain a strong interest in developing rules and procedures that make it hard for ineligible voters to vote, but those efforts would be bounded by an ironclad constitutional guarantee that legitimate citizens’ votes must be counted. A state that wanted to require possession of a certain ID card to vote, for example, would have to take affirmative steps to ensure that everyone has that ID card, or that there’s a process for an ID-less citizen to cast a ballot and have it counted later upon verification of citizenship.”
I’m generally skeptical of proposed changes to the Constitution, but that skepticism wanes in the face of a sweeping voter-suppression campaign, unlike anything in my lifetime, that shows no signs of abating.
Don’t be surprised if, in the near future, candidates for Congress and the White House are confronted with a simple question: is it time to add the right to vote to the Constitution?
By: Steve Benen, The Maddow Blog, October 21, 2014
“Another Long And Ignoble Tradition”: Why The Supreme Court Is Allowing Texas To Hold An Unconstitutional Election
This weekend, the Supreme Court allowed Texas to apply new, stringent voting restrictions to the upcoming midterm elections, which could potentially disenfranchise hundreds of thousands of voters lacking proper identification. As Justice Ruth Bader Ginsburg explained in a short but brilliant dissent, this is a disaster for the citizens of Texas: the upcoming elections will be conducted under a statute that is unconstitutional on multiple levels.
How could this happen?
There is, admittedly, a quasi-defensible reason for the court’s latest move. The Supreme Court is usually reluctant to issue opinions that would change election rules when a vote is imminent. For example, the court recently acted to prevent Wisconsin from using its new voter ID law in the upcoming midterms, coming to the opposite result from the Texas case. That is the principle at work here, and on a superficial level it makes sense.
But as Ginsburg — joined by Justices Elena Kagan and Sonia Sotomayor — points out, the general reluctance to change election rules at the last minute is not absolute. In Wisconsin, using the new law would have created chaos. For example, absentee ballots would not have indicated that identification was necessary for a vote to count, so many Wisconsin voters would have unknowingly sent in illegal ballots.
In the Texas case, conversely, there is little reason to believe that restoring the rules that prevailed before the legislature’s Senate Bill 14 would have been disruptive. “In all likelihood,” the dissent observes, “Texas’ poll workers are at least as familiar with Texas’ pre-Senate Bill 14 procedures as they are with the new law’s requirements.”
And more importantly, some risk of disruption is a price worth paying to prevent an election from being conducted under unconstitutional rules. The Texas statute, which is extreme even by the standards of contemporary Republican vote-suppression efforts, is not remotely constitutional.
The Texas law has all the defects of every law that requires photo ID to vote. You don’t have to take my word for it — you can read the recent tour de force opinion of the idiosyncratic, immensely influential Judge Richard Posner of the Court of Appeals for the Seventh Circuit in Chicago. Posner initially wrote an important opinion upholding an Indiana voter ID law, which was ultimately upheld by the Supreme Court. But last week, he concluded based on new evidence that the laws are “a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government.”
The fundamental problem with the ID requirements is that they are a bad solution to a non-existent problem. Not only is voter impersonation exceedingly rare, even in theory it would be impossible to steal an election by having large numbers of people pretend they are other voters. Election thefts are accomplished by manipulating vote counts or manufacturing fake votes after the fact, not by having an army of impostors cast votes!
The costs in vote suppression, however, are real, and since voter ID laws don’t accomplish anything, even miniscule costs cannot be worth it.
But the Texas law is much worse than typical voter ID laws. As the Ginsburg dissent explains, “[I]t was enacted with a racially discriminatory purpose and would yield a prohibited discriminatory result,” and hence violates the Voting Rights Act (and, presumably, the Fourteenth Amendment). All voter ID laws are discriminatory in effect, but Texas public officials made little effort to hide the extent to which the laws were intended to suppress the minority vote to protect Republican incumbents from demographic change. Indeed, the only reason the law was able to go into effect in the first place was the Supreme Court’s notoriously shoddy 2013 opinion gutting the Voting Rights Act.
In and of itself, this should be enough to prevent the law from going into effect. But the legal deficiencies of Texas’ election law do not end there. None of the forms of ID required by the statute are available for free. As the dissenters note, the costs are not necessarily trivial: “A voter whose birth certificate lists her maiden name or misstates her date of birth,” Ginsburg explains, “may be charged $37 for the amended certificate she needs to obtain a qualifying ID.”
Texas is simply not constitutionally permitted to do this. The Twenty-Fourth Amendment forbids poll taxes, and the Supreme Court held in 1966 that “a State violates the Equal Protection Clause of the Fourteenth Amendment whenever it makes the affluence of the voter or payment of any fee an electoral standard.”
The fact that Texas’ law is unconstitutional twice over — both by being racially discriminatory and imposing a direct cost on voting — is not a coincidence. Even after racial discrimination in voting was made illegal by the Fifteenth Amendment, for nearly a century states were able to use formally race-neutral measures like poll taxes and literacy tests to disenfranchise minority voters. The Texas law is very much part of this long and ignoble tradition.
Unfortunately, the Supreme Court’s decisions in 2013 and 2014 allowing the Texas law to go into effect are part of another long and ignoble tradition: the Supreme Court collaborating with state governments to suppress the vote rather than protecting minorities against discrimination. As long as Republican nominees control the Supreme Court, this problem is likely to get worse before it gets better.
By: Scott Lemieux, Professor of Political Science at the College of Saint Rose in Albany, N.Y; The Week, October 20, 2014
“A Purposefully Discriminatory Law”: Ruth Bader Ginsburg Pens Scathing Dissent On Texas Voter ID Law
Supreme Court Justice Ruth Bader Ginsburg issued a six-page dissent early Saturday morning, blasting the court’s decision to allow Texas to use its new voter ID law in the November elections. She was joined in the dissent by Justices Elena Kagan and Sonia Sotomayor.
“The greatest threat to public confidence in elections in this case is the prospect of enforcing a purposefully discriminatory law, one that likely imposes an unconstitutional poll tax and risks denying the right to vote to hundreds of thousands of eligible voters,” Ginsburg wrote.
Ginsburg disputed the Fifth Circuit court of appeals’ argument that is was too close to the November election to stop the law. Early voting begins on Monday in Texas.
“In any event, there is little risk that the District Court’s injunction will in fact disrupt Texas’ electoral process,” she wrote. “Texas need only reinstate the voter identification procedures it employed for ten years (from 2003 to 2013) and in five federal general elections.”
Ginsburg argued that the Fifth Circuit was remiss to ignore the findings of a full trial in district court, which found that the law was “enacted with a racially discriminatory purpose and would yield a prohibited disriminatory result.”
District Court Judge Nelva Gonzalez Ramos struck down the law earlier this month on the grounds that it would serve as a deterrent to a large number of registered voters, most of them black or Hispanic. “Based on the testimony and numerous statistical analyses provided at trial, this Court finds that approximately 608,470 registered voters in Texas, representing approximately 4.5% of all registered voters, lack qualified SB 14 ID and of these, 534,512 voters do not qualify for a disability exemption,” Gonzalez Ramos wrote.
Ginsburg echoed these findings in her dissent, though Texas officials dispute these figures. “The potential magnitude of racially discriminatory voter disenfranchisement counseled hesitation before disturbing the District Court’s findings and final judgment,” Ginsburg wrote. “Senate Bill 14 may prevent more than 600,000 registered Texas voters (about 4.5% of all registered voters) from voting in person for lack of compliant identification. A sharply disproportionate percentage of those voters are African-American or Hispanic.”
Ginsburg pointedly added that “racial discrimination in elections in Texas is no mere historical artifact. To the contrary, Texas has been found in violation of the Voting Rights Act in every redistricting cycle from and after 1970.”
By: Braden Goyette, The Huffington Post Blog, October 18, 2014
“This Man Is Truly From The Dark Side”: Kansas Must Send Kris Kobach To Political Oblivion
If Sam Brownback wins re-election as Kansas governor, the world will not end.
If Pat Roberts wins re-election to the U.S. Senate, for sure the world will not end.
If independent candidate Greg Orman upsets Roberts for the U.S. Senate, again the world will not end.
If Kris Kobach wins re-election as Kansas secretary of state…well, that’s another story.
Kobach would fill the secretary of state’s seat for four more years, where he will continue to ignore his duties and spend his time in courts fighting one thing after another. But that’s only the beginning of the havoc he would to wreak.
Kobach, who is only 48, would then find himself in the catbird’s seat to run for governor in four years or to seek in six years the U.S. Senate seat that either Roberts or Orman would hold.
Kobach has to be nailed by the electorate in such a way that he goes away. Long, long away into political oblivion.
Of all the politicians I have covered in more than four decades, starting with a campaign trip with Richard Nixon in 1968, I have never run across a meaner, nastier, more egomaniacal politician than Kris Kobach.
Kobach is also the most brilliant and clever politician I have ever covered. The man is dripping with Ivy League degrees.
The combination of his traits is lethal, which makes him so dangerous.
I have known Kobach since he was first elected to the Overland Park City Council in 1999, when on his questionnaire he stated he was in favor of abortions. Four years later, when he ran unsuccessfully for U.S. Congress, he switched to a pro-life position.
Kobach knows how to play the public like a fiddle, although there is hope that Kansans have finally figured out that they have been played for saps.
He stokes anti-immigration fears by championing the most vicious laws and then travels from state to state, spewing his hate through the laws he writes — for huge fees. It is one thing to fret over undocumented immigrants, but Kobach seeks with his obsessive plots to make their lives as miserable as possible, while he personally gains.
But because he presents himself as waging a heroic battle, too many Kansans have, at least until now, met his grandstanding with oohs and aahs.
The handsome, charismatic candidate in 2010, running for secretary of state, told Kansans he was going to stamp out voter fraud. More oohs and aahs. Who wouldn’t be for that?
But there had been, on average, only a dozen cases of voter fraud each year between 1997 and 2010, despite Kobach’s best efforts to dredge up more. He was scamming the electorate, plain and simple.
That did not stop Kobach from ramrodding through legislation that has disqualified almost 20,000 would-be voters because the state now requires them to come up with identification papers such as passports or birth certificates. The secretary of state, who is supposed to encourage voter turnout has, instead, crushed it. Between 2008 and 2012, voter turnout in Kansas declined more than other comparable states. A federal report finds this was likely due to Kobach’s voter registration laws.
Because of a quirk in the court rulings on Kobach’s scheme, it has left Kansas with a two-tiered voting system. New voters who have not presented their passports or birth certificates can only vote for federal candidates but cannot vote for state officials
Kobach’s swan song, I hope, was his creepy efforts to keep Democrat Chad Taylor on the ballot for U.S. senator, thereby splitting the vote with independent Orman, which, in turn, undoubtedly would have elected Roberts through the back door. Fortunately, the Kansas Supreme Court stomped on his shenanigans in a unanimous vote. Both Republicans and Democrats on the bench rejected Kobach’s attempt to mastermind the outcome of the vote.
After the courts ruled against him, Kobach attempted to intervene in a subsequent lawsuit that would have forced Democrats to put someone else on the ballot. The courts said Kobach could not intervene, and then ruled against the Kobach position.
Kansans, this man is truly from the dark side.
Kris Kobach must be stopped now, before we find him in an even more powerful position to ply his diabolical schemes.
By: Steve Rose, Columnist, The Kansas City Star; The National Memo, October 14, 2014
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