“The Rise Of The New Confederacy”: By Thought, Word And Deed, They Must Be Making Jefferson Davis Proud
It took on new force with fears of the federal government in Washington interfering with their cherished way of life. It gathered steam with the election of Abraham Lincoln in 1860. And it all came into full flower when shore batteries fired on Fort Sumter. It was the spirit of the Old Confederacy, a state-sponsored rebellion hellbent on protecting its “peace and safety” from the party that took possession of the government on March 4, 1861.
The rebels launched a grisly war against the Union. In his inaugural address, Lincoln warned the Confederacy: “You have no oath registered in Heaven to destroy the government, while I shall have the most solemn one to preserve, protect and defend it.”
“Peace and safety” are ideals drawn from South Carolina’s Dec. 24, 1860, declaration of secession from the Union. The expression was designed to encompass all that the Deep South states held dear — chiefly, their existence as sovereign states and their ability to decide the propriety of their domestic institutions, including slavery.
This virulent hostility to the Union led the Old Confederacy to conclude — as expressed by South Carolina — that with Lincoln’s elevation to the presidency, “the slaveholding States will no longer have the power of self-government, or self-protection, and the Federal Government will have become their enemy.”
Federal government as the enemy.
Today there is a New Confederacy, an insurgent political force that has captured the Republican Party and is taking up where the Old Confederacy left off in its efforts to bring down the federal government.
No shelling of a Union fort, no bloody battlefield clashes, no Good Friday assassination of a hated president — none of that nauseating, horrendous stuff. But the behavior is, nonetheless, malicious and appalling.
The New Confederacy, as churlish toward President Obama as the Old Confederacy was to Lincoln, has accomplished what its predecessor could not: It has shut down the federal government, and without even firing a weapon or taking 620,000 lives, as did the Old Confederacy’s instigated Civil War.
Not stopping there, however, the New Confederacy aims to destroy the full faith and credit of the United States, setting off economic calamity at home and abroad — all in the name of “fiscal sanity.”
Its members are as extreme as their ideological forebears. It matters not to them, as it didn’t to the Old Confederacy, whether they ultimately go down in flames. So what? For the moment, they are getting what they want: a federal government in the ditch, restrained from seeking to create a more humane society that extends justice for all.
The ghosts of the Old Confederacy have to be envious.
South Carolina wept and wailed as it withdrew from the Union, citing the Supreme Court’s 1857 Dred Scott decision when it noted that states in the North had elevated to citizenship “persons who, by the supreme law of the land, are incapable of becoming citizens; and their votes have been used to inaugurate a new policy, hostile to the South, and destructive of its beliefs and safety.”
Not to worry, Old South, the New Confederacy’s spirit is on the move.
In June, the Supreme Court got rid of fundamental legal protections against racial discrimination in voting.
Legislation aimed at suppressing votes is pending across the country, notably in the Deep South.
Hold on to that Confederate money, y’all. Jim Crow just might rise again.
But it’s here in Washington where the New Confederacy’s firebrands are really holding court. Many of them first appeared after the 2010 midterm elections and when the scope of the president’s economic recovery program was taking form. Unlike their predecessors, however, members of this group hail from Dixie and beyond, though I stress there is no evidence that the New shares the racist views of the Old. The view on race is not the common denominator. The view on government is.
These conservative extremists, roughly 60 of them by CNN’s count, represent congressional districts in Alabama, Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Minnesota, Missouri, Mississippi, Montana, Nebraska, New Mexico, North Carolina, South Carolina, Tennessee, Texas, Utah and West Virginia.
But don’t go looking for a group by the name of New Confederacy. They earned that handle from me because of their visceral animosity toward the federal government and their aversion to compassion for those unlike themselves.
They respond, however, to the label “tea party.” By thought, word and deed, they must be making Jefferson Davis proud today.
By: Colbert I. King, Opinion Writer, The Washington Post, October 4, 2013
“They Just Can’t Help Themselves”: The House GOP Is Like A Jukebox That Only Plays One Song
The congressional to-do list is daunting. There’s a very real possibility of a government shutdown in two weeks, and a debt-ceiling deadline looms a few weeks after that. As if that weren’t enough, lawmakers need to tackle a farm bill, immigration reform, and a fix to the Voting Rights Act, all while a national security crisis in Syria lingers.
Complicating matters, the House is only scheduled to be in session for five days between now and the end of the month.
So how did the Republican-led chamber spend their afternoon yesterday — the last work day before another four-day weekend they scheduled for themselves? As Rachel noted on the show last night, GOP lawmakers voted for the 41st time to gut the Affordable Care Act.
Joan McCarter summarized the proposal nicely.
In case you care what this one would do, it would stop people from getting subsidies on the health insurance exchanges until the income verification process that is already in the law is replaced with some other income verification process that probably involves elves doing the work in the dead of night. Or maybe unicorns.
But hey, it’s a vote that House Speaker John Boehner could be assured of “winning,” so there’s that.
House Republicans know the bill won’t pass the Senate. They also know it won’t be signed into law by President Obama. And they know they have all kinds of real work that desperately needs to get done.
But they can’t help themselves.
Their irrational, wild-eyed hatred of “Obamacare” has become all consuming. GOP lawmakers can apparently think of little else. Real work is pushed to the backburner so symbolic “message” votes like these can make the right feel better about itself.
Indeed, as we’ll talk about a little later this morning, it’s this mindless contempt for the moderate health care law that’s become all-consuming for congressional Republicans — it’s why a government shutdown is increasingly likely and why the GOP may very well trash the full faith and credit of the United States next month for the first time in American history.
“Obamacare,” in other word, has pushed Republicans to madness, for no legitimate reason.
If voters paid closer attention, and bothered to show up during midterm elections, Republicans would be in quite a bit of trouble right about now, wouldn’t they?
By: Steve Benen, the Maddow Blog, September 13, 2013
“The Summer Of Voting Discontent”: Texas’ Voter ID Laws Are Plain And Simple Discrimination
Last month, the Department of Justice sued Texas over the state’s discriminatory and punishing voter ID law, SB 14. The same law was blocked by a federal court last summer, which determined that a “law that forces poorer citizens to choose between their wages and their franchise unquestionably denies or abridges their right to vote.”
In a state and country where voters of color are significantly more likely to live in poverty than white voters, the impermissible choice that Texas has imposed on voters discriminates on the basis of class and race both. In the wake of Supreme Court’s decision earlier this summer in Shelby County, Alabama v. Holder, which immobilized a key provision of the Voting Rights Act, the Department of Justice’s lawsuit represents the next phase in pushing back against measures that are intended to make it harder for people of color to vote, and less likely that our votes will count when we do.
Texas, like many states, passed SB 14 for the ostensible reason of combating in-person voter fraud, which Hillary Rodham Clinton recently called a “phantom epidemic.” But Texas has not been able to identify a single instance of in-person voter fraud. Texas has said that the law is not intended to discriminate against Black and Latino voters, whose communities represent 90 percent of the state’s population grown in the past decade, and yet the state’s legislature refused to accept any of the amendments offered that would have mitigated any of SB 14’s burdens that disproportionately affect voters of color — amendments that, for example, would have created a way for poor voters to get free identification, or would have accepted student IDs.
A single comparison of the accepted and not accepted forms of photo ID makes the priorities of the law clear: SB 14 will allow voters to present a concealed handgun license at the polls, but not a student ID from any of Texas’s public universities.
In addition to challenging the discriminatory ID law itself, the DoJ lawsuit also seeks to bail Texas in to a preclearance structure similar to the one that was lost in the Shelby County decision. Texas’s longstanding history of crafting discriminatory voting laws and schemes extends far past the voter ID law at issue now; in fact, Texas boasts the inglorious accolade of being the only state for which federal authorities have challenged at least one of its statewide redistricting plans after every decennial census since 1970.
As recently as last year, a federal court concluded that the state had drawn up its various redistricting plans with the intent to suppress the growing political power of African-American and Latino districts. A provision of the Voting Rights Act asserted in the DOJ’s case can bring back to Texas the preclearance defense lost in June’s Shelby County decision.
As the summer of our voting discontent draws to a close, it should serve as a powerful message that the first major voting lawsuit filed by the DOJ since the Shelby County decision goes directly to a state with one of the most well-documented histories of racial discrimination in voting, and seeks to use the full power of the remaining provisions of the Voting Rights Act both to invalidate SB 14 and to bring Texas back under federal review.
By: Natasha Korgaonkar, Assistant Counsel of the Political Participation Group at the NAACP’s Legal Defense Fund, U. S. News and World Report, September 3, 2013
“Plan B For Voting Rights”: It’s Time For Congress To Use It’s Authority Under The Election Clause
Voting-rights advocates generally don’t look to Justice Antonin Scalia for comfort. During oral arguments earlier this year in Shelby County v. Holder, the case in which the Supreme Court struck down a central part of the Voting Rights Act of 1965, Justice Scalia called the act a “perpetuation of racial entitlement.”
But a growing circle of legal scholars is focusing on a lower-profile ruling — issued one week before the Shelby County decision and written by Justice Scalia — that may point the way to a new approach to protecting voting rights.
The 7-to-2 decision, in Arizona v. Inter Tribal Council of Arizona, struck down an Arizona law requiring anyone who wanted to vote to provide proof of citizenship. It said the state could not impose a rule that was more restrictive than the federal “motor voter” law, which requires only a sworn statement of citizenship by the voter.
Congress passed the motor-voter law under its power to set the “times, places and manner” of federal elections as authorized by Article I, Section 4 of the Constitution, known as the elections clause. The clause is much less well known than, say, the equal protection clause of the 14th Amendment, and yet Congress’s power under it, Justice Scalia wrote, “is paramount, and may be exercised at any time, and to any extent which [Congress] deems expedient.”
“That sort of woke everybody up again,” said Samuel Issacharoff, a professor at New York University School of Law who has studied the elections clause’s possibilities.
The problem, Mr. Issacharoff said, is that voting laws based on intentional racial discrimination, which the Voting Rights Act has been so successful at blocking, are both rarer and harder to identify today. “A lot of the contemporary problems are not well handled through the 50-year-old mechanism of the Voting Rights Act,” he said.
The elections clause, by contrast, does not speak to racial discrimination at all, but addresses the administration of voting rules. Still, in light of the Supreme Court’s ruling in Shelby County, it could have an important role to play. Strong federal laws enacted under the clause could help ensure voting fairness to all voters, especially when a state law appears neutral but has serious partisan or racially discriminatory effects. For instance, a state’s voter ID law might put up hurdles for poor or young voters, who may be disproportionately minority and Democratic, or for elderly voters, who lean Republican.
The elections clause allows Congress to set rules only for federal elections, but those laws almost always guide state election practices, too. For instance, Congressional legislation could pre-empt voter ID laws like Arizona’s or changes to early-voting laws like those attempted in Florida last year.
The bottom line, said Daniel Tokaji, an election law professor at the Moritz College of Law at Ohio State, is that Congress has much more power to legislate under the clause than it has exercised. It could, for example, liberalize voter registration nationwide, which has been shown to lead to higher turnout.
“I think Congress would be foolish not to look at the elections clause,” Mr. Tokaji said. “If they could do it over again, they might have paid more attention to it back in 2006,” when the Voting Rights Act was reauthorized using data that the Supreme Court in the Shelby County case found to be outdated. (Mr. Tokaji argued in an amicus brief that the justices should rely on the elections clause to uphold the Voting Rights Act, but the court did not address the issue in its ruling.)
Given the apparent direction of the court, even the remaining parts of the Voting Rights Act could be vulnerable to constitutional challenges. That makes it all the more timely for Congress to turn to its expansive authority under the elections clause to protect the right to vote.
By: Jesse Wegman, The New York Times, August 31, 2013
“Now Is The Time, Still”: The Invisible Issues Of 1963 Are Just As Invisible To Some Today
“So even though we face the difficulties of today and tomorrow, I still have a dream.” — Dr. Martin Luther King Jr., August 28, 1963
This is “tomorrow.”
Meaning that unknowable future whose unknowable difficulties Martin Luther King invoked half a century ago when he told America about his dream. If you could somehow magically bring him here, that tomorrow would likely seem miraculous to him, faced as he was with a time when segregation, police brutality, employment discrimination and voter suppression were widely and openly practiced.
Here in tomorrow, after all, the president is black. The business mogul is black. The movie star is black. The sports icon is black. The reporter, the scholar, the lawyer, the teacher, the doctor… all of them are black. And King might think for a moment that he was wrong about tomorrow and its troubles.
It would not take long for him to see the grimy truth beneath the shiny surface, to learn that the perpetual suspect is also black. As are the indigent woman, the dropout, the fatherless child, the suppressed voter and the boy lying dead in the grass with candy and iced tea in his pocket.
King would see that for all the progress we have made, we live in a time of proud ignorance and moral cowardice wherein some white people — not all — smugly but incorrectly pronounce all racial problems solved. More galling, it is an era of such cognitive incoherence that conservatives — acolytes of the ideology against which King struggled all his life — now routinely claim ownership of his movement and kinship with his cause.
When he was under fire for questioning the constitutionality of the Civil Rights Act of 1964, for instance, Senator Rand Paul wanted it known that he’d have marched with King had he been of age. And he probably believes that.
But what people like Paul fail to grasp is that the issues against which African-Americans railed in 1963 were just as invisible to some of us back then as the issues of 2013 are to some of us right now. They did not see the evil of police brutality in ’63 any more than some of us can see the evil of mass incarceration now. They did not see how poll taxes rigged democracy against black people then any more than some of us can see how Voter ID laws do the same thing now.
So there’s fake courage in saying, “I would have been with Martin then.” Especially while ignoring issues that would press Martin now.
No, being there took — and still takes — real courage, beginning with the courage to do what some of us are too cowardly, hateful, stubborn or stupid to do: see what is right in front of your face.
Because when Martin Luther King said, “I have a dream,” he was not, contrary to what some of us seem to believe, calling people to co-sign some vague, airy vision of eventual utopia. No, he was calling people to work, work until “justice rolls down like waters and righteousness like a mighty stream.” This was not a sermon about the someday and the eventual. “Now is the time,” said King repeatedly. So it was. And so it is.
We live in King’s “tomorrow” and what he preached in that great rolling baritone at the temple of Lincoln 50 summers ago ought to inspire us anew in this post-Trayvon, post-Jena 6, post-Voting Rights Act, post-birther nonsense era. It ought to make us organize, agitate, educate and work with fresh determination. It ought to challenge you to ask yourself: What have you chosen not to see? And now, having seen it, what will you do to make it right?
Because, we face tomorrows of our own.
Thankfully, we move into them with the same elusive hope — and towering dream — of which King spoke, the one that has always driven African-American people even in the valley of deepest despair.
Free at last!
Free. At last.
By: Leonard Pitts Jr., The National Memo, August 26, 2013
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