Civil Rights

“Money talks and BS walks”—revisited!

Posted on September 15, 2016. Filed under: Civil Rights | Tags: , , , |

We’re re-running this post from March 2016 in honor of the NCAA’s announcement that it will move seven events out of North Carolina because of the state’s HB2 law (described below), including some March Madness basketball. According to ESPN coverage,

The NCAA said deciding factors in moving the events were that the North Carolina law “invalidated any local law that treats sexual orientation as a protected class or has a purpose to prevent discrimination against lesbian, gay, bisexual or transgender individuals.”

The NCAA cited that the HB2 law makes “it unlawful to use a restroom different from the gender on one’s birth certificate, regardless of gender identity.”

The NCAA also pointed out that the law provides legal protection for government officials to refuse services to the LGBT community.

…the last point being the most important, to our minds. We wondered back in March if the NCAA, or any of the other corporations that threatened to pull business from NC, would follow through; we’re very glad that it has, and hope the others will follow suit. Until then, here’s our original post:

Fans of This is Spinal Tap will recognize that immortal line, spoken by Bobbi Flekman, AR tour de force for Polymer Records. When the band find their album is being banned “by both Sears and K-Mart stores” because of its sexist cover art, Bobbi overrides the band manager’s protests and justifications to tell him firmly “money talks, and b*** walks”. It became an instant mantra in many industries. (See the clip here.)

And it’s proving true in the real world as well: corporations in Georgia and Atlanta have responded forcefully to the anti-American “bathroom bills” and “religious freedom” laws those states have passed or are about to vote on. In North Carolina, PayPal, Bank of America, and Dow Chemical, all headquartered in the state, have denounced the state-wide law requiring people to use the bathroom earmarked for their biological or “birth sex” (not a real term) that was conjured up to overturn a Charlotte, NC law that banned discrimination against LGBT citizens. The NBA has threatened to move the All-Star game from Charlotte.

In Georgia, HB 757, protects “religious liberty” by allowing anyone calling themselves religious to deny service in a public business to LGBT people. Disney and Unilever now threaten to pull business from the state, and the NFL says Atlanta will not host the Super Bowl if the bill is passed. Through the group Georgia Prospers, Coca-Cola, Home Depot, UPS, Delta Airlines, and Marriott Hotels have all said they will reconsider investment in Georgia or move their operations if the bill passes.

You may recall that in 2014 the NFL successfully threatened to move the Super Bowl from Arizona if its governor signed a pro-discrimination “freedom” bill, and that pressure led Gov. Brewer to decline signing the bill.

In one way this is heartening: it’s good to see corporations, which usually bend most of their efforts to breaking the law and violating the Constitution, united behind the cause of justice.

But in another way, it’s depressing: voters, lawmakers, and elected officials in many states are kept from exercising tyranny of the majority not by their love of American principles of liberty and justice for all, but by their fear of losing money. Keeping Coke or NBA dollars in their state is more important than anything, even their supposedly deeply held “religious” beliefs.

Of course, the companies are motivated by money, too; they don’t want to alienate a portion of the population that is supposed to have a lot of money to spend (an enduring though fatally outdated corporate myth about gay people is that, since they don’t have children, they spend all their money on consumer goods. The “gay American” to most companies is a white man living in a city with his partner and more money than he knows what to do with).

We can’t rely on corporations to be the guardians of justice because they are very unreliable. They are motivated by profit, and if they ever sensed that not all LGBT Americans are rich and white, they would jump off the LGBT bandwagon pretty quickly. We all have to keep working in our cities and states to remind people that what makes America great is its commitment to liberty and justice and separation of church and state.

Remember: if you don’t want to serve gay or trans people, don’t open a public business. Once you open a public business, you are obliged to serve the public—no exceptions. There’s no difference between these anti-gay laws and the anti-black laws that kept black people from eating in restaurants with white people, going to movie theaters with white people, and riding city buses with white people. Anti-gay laws are discrimination, and America finally got rid of that curse through the hard work of the civil rights movement in the 1950s-70s. You can’t teach kids in school that Rosa Parks was a hero if you then vote for a law that says you can keep trans people off your bus or out of your bakery.

In an election year where people stumble over themselves to love America the most, one easy test of who really means it is whether they support anti-American discrimination laws.

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The Kansas-Nebraska Act: 1854 and 2016

Posted on June 17, 2016. Filed under: Civil Rights, Civil War, Politics, Slavery | Tags: , , , , , , , , , , |

Our first comparison in our series examining the serious and striking comparisons between the U.S. in the months (and years) before the 1860 presidential campaign and the 2016 presidential campaign goes back a little to an article about the passage of the Kansas-Nebraska Act in 1854.

As you recall, the KNA overthrew the Missouri Compromise (1820) that established a line at 36°30′ north of which all states entering the Union would be free, and south of which would be slaveholding states. Stephen Douglas, the Democratic author of the KNA, wanted Nebraska to enter the Union free, but the territory was so large it extended south of the compromise (or, better put, appeasement) line and Southern Congressmen refused to let it enter as free. So Douglas split the territory in two, creating the Kansas Territory to be a potential southern state. Anticipating a howl of outrage from northern members of his party at turning part of a free territory into a slave territory, Douglas then proposed that the people of each territory be allowed to decide for themselves, in a vote, whether to enter the Union free or slave (this was called popular sovereignty).

The legacy of that decision is infamous in U.S. history. People who lived in other states went to Kansas to swing the vote, and violence between proslavery and antislavery interlopers gave the territory the name Bleeding Kansas. Abolitionist John Brown got his start in Kansas as an antislavery interloper who led a small militia that killed proslavery interlopers.

In 1854, when the KNA was passed, the nation was divided once again along sectional lines, and now we come to our comparison with 2016. As we said in our opening post,

Today’s sectionalism, then, represents a divide between liberals and conservatives that seems as strong as the divide between North and South ever did. Liberals and conservatives are found in every geographic region of the country, which means there is no region that serves as a safe haven for either…

When we read one of the many New York Times‘ editorials on the KNA, it rings eerily familiar. Substitute in “gun control” or “immigration”, or “war on Christianity” for “slavery”, or “liberal” for “Northerner” and “conservative” for “Democratic” and it could be an account of Congress in 2016:

Popular indignation at the passage of the Nebraska bill finds vent in various projects, some wise and some otherwise. …Cassius Clay [abolitionist and one of the founders of the Republican Party] proposes that every body who voted for the bill shall be treated to a social as well as a political crucifixion—and seeks to prepare the country for a dissolution of the Union. [Abolitionist William Lloyd] Garrison [seizes] the opportunity to push [a] program of dissolving the Union and breaking down the Constitution. We hear men a good deal more sensible than any of these proclaiming their hatred of all compacts [agreements] which bind us to the Slaveholding interest, and declaring they will keep no faith with them.

…The champions of the [KNA] know perfectly well that they have acted in direct opposition to the popular will. The originators of the iniquitous measure have for months been as clearly persuaded that the great sense of the country is against this outrageous breach of honor and good faith, as they are of their own existence, yet they have accomplished it through recreant Northern votes. These Northern traitors prating Democratic cant have gone deliberately against what they knew to the the mind of the North. The smallest fraction of decent regard to honor and propriety would have led them to put it over till the sense of the country could be tested by another election. They were chosen to vote on no such question. Its coming up was not dreamed of by the people at large. When it was sprung upon the country, there was but one consentaneous cry of indignation throughout all the Northern land, in which honest and honorable men of all parties joined.

…A large portion of the honest and honorable feeling of the South was against it too.The palpable indecency of driving it through under such circumstances, was doubtless as much a matter of distinct consciousness to the majority that perpetrated it, as to the minority that resisted it, as to the country that cried out against it. They did it because it was in their power to do it—they had the Might and that they knew was all the Right they had.

The clear and seemingly accepted sense of the nation being firmly divided into North and South, each with a plan for the nation that is utterly opposed to the other’s, and anyone who dreamt of bridging the gap lacerated as a villain—all these are bitterly familiar to Americans today. So is calling for a “political crucifixion” of anyone outside one’s own faction. And, increasingly, so is the threat of the nation splitting over political ideology.

The KNA truly was a terrible piece of legislation, which justified this kind of outrage and made it understandable to call those who supported it traitors without honor or propriety. The issues we face in 2016 do not match up. 1854 was about enslaving human beings and breeding them for sale. 2016 is about whether to let non-white (Latin American) and increasingly non-Christian (Muslim) immigrants into the country. 2016 is about whether every American should own and carry a gun, and whether transgender citizens possess civil rights. These seem like lesser issues that could be solved politically by drawing on our national legacy of always extending more and more civil rights to our citizens and future citizens.

But that’s what makes 2016 exactly like 1854 or 1860—there is a growing contingent of Americans who want to stop extending civil rights to all U.S. citizens and future citizens. They want to roll back civil rights in this nation and reserve them to the few: the native-born, straight, and Christian. That is a kind of slavery, and that’s why the 21st-century sectionalism of liberal v. conservative is as potent and dangerous as the 19th-century sectionalism over slavery ever was.

Next time: Trump and Brooks

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…those who don’t know history are condemned to repeat it: Trump’s America First policy

Posted on April 29, 2016. Filed under: American history, Civil Rights, Politics | Tags: , , , , , , |

So many world events seem to be trending toward a repeat of World War II: China’s decision to “own” all the islands in the East China Sea and its vocal and powerful minority calling for a return to strict Maoism; Japan’s corresponding military build-up and refusal to acknowledge war crimes its soldiers committed before and during WWII; ethnic violence and the upswing in the growth of neo-Nazi groups (both official political parties and grassroots organizations) in Europe…

…and the racial, ethnic, and xenophobic hatred being brought to its logical conclusion by the Trump campaign in the U.S. Since the 1970s, the Republican party has been taken over by neoconservatives who have urged white Americans—rich and poor—to hate any American who isn’t white and to blame them for all the white people’s (perceived) problems. The hatred has extended to gay Americans, non-Republicans, feminists, and any other group that isn’t toeing a traditional line.

The hatred has also been extended to the federal government. It has been openly described as “the problem” since Reagan, and white Americans have been relentlessly urged to destroy it by starving it of tax money, electing people to office who are devoted to tearing it apart from the inside, and, frankly, ignoring it.

Now there is a man who is willing to admit this is the party policy and reap the harvest of all those decades of hate-mongering, who is not afraid to actually destroy our system of federal government. Other Republicans had not been willing to do this because they make their living in government work. Trump does not, and he is happy to wreck our federal government for a few reasons: he doesn’t understand how it works, and therefore will push it to do things it can’t and then blame it/shut it down; his most passionate supporters want this and he wants their admiration; and since he will be incapable of serving as president, he will appoint people to do that work for him from the ground up.

Trump has contributed to the 1930s feel of the world today in many ways, but his “America First” foreign policy, delivered in a speech on April 27, is very clear. As CNN.com reminds us:

It is extremely unfortunate that in his speech Wednesday outlining his foreign policy goals,Donald Trump chose to brand his foreign policy with the noxious slogan “America First,” the name of the isolationist, defeatist, anti-Semitic national organization that urged the United States to appease Adolf Hitler.

The America First Committee actually began at Yale University, where Douglas Stuart Jr., the son of a vice president of Quaker Oats, began organizing his fellow students in spring 1940. He and Gerald Ford, the future American president, and Potter Stewart, the future Supreme Court justice, drafted a petition stating, “We demand that Congress refrain from war, even if England is on the verge of defeat.”

—We have to break in to say that Stuart’s involvement is no surprise. For decades into the 20th century the Quaker Oats slogan outside the U.S. was “Wherever white men live, Quaker Oats will be sold.”

Their solution to the international crisis lay in a negotiated peace with Hitler. Other Yale students — including Sargent Shriver, who served in the Kennedy and Johnson administrations, and Kingman Brewster, the chairman of the Yale Daily News, future president of Yale and ambassador to the Court of St. James — joined their isolationist crusade.

Robert Wood, the board chairman of Sears, Roebuck, agreed to act as their group’s temporary chair. The growing organization soon included powerful men like Col. Robert McCormick of the Chicago Tribune; Minnesota meatpacker Jay Hormel; Sterling Morton, the president of Morton Salt Company; U.S. Rep. Bruce Barton of New York; and Lessing Rosenwald, the former chairman of Sears.

…After Pearl Harbor, the America First Committee closed its doors, but not before Lindbergh made his infamous speech at an America First rally in Des Moines, Iowa, in September 1941. After charging that President Roosevelt had manufactured “incidents” to propel the country into war, Lindbergh proceeded to blurt out his true thoughts.

“The British and the Jewish races,” he declared, “for reasons which are not American, wish to involve us in the war.” The nation’s enemy was an internal one, a Jewish one.
“Their greatest danger to this country lies in their large ownership and influence in our motion pictures, our press, our radio, and our government,” he contended. Booing began to drown out the cheers, forcing him again and again to stop, wait out the catcalls, and start his sentences over.

The America First foreign policy announcement comes after Trump began asking his supporters to stretch out their right arms as a sign of support… in a gesture that can only be described as the Hitler salute.

Trump’s response? The Republican front-runner at first dismissed the controversial comparison, calling it “ridiculous” and “a big stretch,” and insisting rally attendees were just “having fun.” “Well, I think it’s ridiculous, I mean we’re having such a great time,” Trump said. “Sometimes we’ll do it for fun, and they’ll start screaming at me, ‘do the swear-in, do the swear-in!'” …pressed [to state whether] he would stop asking supporters to make the pledge now that he was aware of the controversy, Trump said, “Well, I’ll certainly look into it.” “I mean I’d like to find out that that’s true, but I would certainly look into it, because I don’t want to offend anybody. But I can tell you that it’s been amazingly received, but I will certainly look into that.”

The more important Hitler comparison lies not with Trump, but with the American people. Most Germans though Hitler was a nut when he came on the scene. But he stayed, and after a few years people accepted him as a part of the political scene, albeit a nut. The shock and annoyance of hearing his crazy statements wore off as people became used to it. As he grew in power with the fringe, mainstream Germans began to shift from saying he would never be in power to speculating about what it would be like, and how he could be managed by “real” politicians. And then he took power, and that was that.
Let’s hope mainstream Americans are not doing the same thing. Would a Trump presidency  mean fascism? Not all at once. But even this election campaign has been the thin end of a wedge that will allow more radical, more hate-filled candidates to run in the future, and each time they do the shock will wear off a little more, and we will treat them a little more like normal candidates, and eventually, the worst will happen, if we are not vigilant. Historians always watch the long-tail past and the long-horizon future. Let’s hope non-historians will start doing the same.
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A voice for justice in Mississippi

Posted on April 15, 2016. Filed under: Civil Rights, Politics | Tags: , , , , , , , , , |

We were pleasantly shocked to hear an NPR interview with a baker in Mississippi who took a stand against the new state law, signed by Governor Phil Bryant, allowing religious organizations, individuals and businesses to refuse service to lesbian, gay, bisexual and transgender people if they feel offering such services violates their religious beliefs.

These sexuality laws are identical to the laws that allowed whites to refuse service to blacks in all but one way: the racial laws claimed a biological justification (that black people were biologically inferior to white people), while the sexuality laws claim a religious justification (famously summed up by some anonymous bigot years ago as “God hates fags”).

Somehow the example most commonly used to illustrate the anguish of being a business owner who has to serve someone they don’t approve of is the baker: Christian bakers shouldn’t be forced to bake gay wedding cakes.

This is bogus in all respects, legally and morally. As we said just a few posts ago,

Remember: if you don’t want to serve gay or trans people, don’t open a public business. Once you open a public business, you are obliged to serve the public—no exceptions. There’s no difference between these anti-gay laws and the anti-black laws that kept black people from eating in restaurants with white people, going to movie theaters with white people, and riding city buses with white people. Anti-gay laws are discrimination, and America finally got rid of that curse through the hard work of the civil rights movement in the 1950s-70s. You can’t teach kids in school that Rosa Parks was a hero if you then vote for a law that says you can keep trans people off your bus or out of your bakery.

But why listen to us repeat ourselves when you can listen to Mitchell Moore, a baker in Jackson, MS and an American who understands the civil liberties he has an obligation to uphold as an American:

RENEE MONTAGNE: As a baker, this bill would allow you to refuse service to people you don’t want to bake for. Have you ever felt forced to bake for clients that you didn’t want to serve?

—Right away, Montagne’s question points up the illegitimacy of the sexuality laws. Of course the answer is yes. Bakers, like other people who run public businesses, probably have customers they don’t like, whether it’s because those customers swear, or dress provocatively, have foreign accents, or tattoos, or wear head scarves, smell like marijuana, act rude and condescending, or do any of the other hundred things that can put people off.  But are there laws saying business owners don’t have to serve people whose clothes they don’t like? or smell? or language? No. Only sexuality. So we see immediately that the sexuality laws are singling out one type of potentially problematic customer, which is un-American and illegal under federal law.

MITCHELL MOORE: No, no that is not a problem. I am here to bake cakes and to sell those cakes. I’m not here to decide arbitrarily who deserves my cake and who doesn’t. That’s not what I do. That’s not my job.

MONTAGNE: Have you heard from others that they do have these objections?

MOORE: Not to my knowledge, no. Everyone that I know in the greater, say, wedding-service industry – we’re here to serve. The public’s made up of a lot of people. I don’t have to agree with what they do. I don’t have to support them. I serve them.

—So well-said: “I don’t have to agree with what they do. I don’t have to support them. I serve them.” When did we lose sight of this basic premise?

MONTAGNE: Well, I do gather that you are a Republican. But you oppose this bill. So what are your particular objections, other than it sounds like you don’t think it’s needed?

MOORE: So leaving aside the stupidity of passing it because it decriminalizes discrimination – which, that really is kind of the biggest issue – but I can actually say I think the law of unintended consequences is going to come back to bite the people who signed this bill. If it is my sincerely held religious belief that I shouldn’t serve them, then I can do that. And I can hide behind that language. But that language is so vague it opens a Pandora’s box. And you can’t shut it again.

—Why isn’t Mitchell Moore running for president? Yes, these laws do “decriminalize discrimination”. And yes, claiming religious frailty is just a way of hiding that discrimination and bigotry. And if these sexuality laws are allowed to stand, soon the laws about tattoos and clothing and language will all be crowding the state legislatures, too.

MONTAGNE: Well, do you consider yourself a religious person or would you…

MOORE: Yes.

MONTAGNE: …consider that maybe you don’t understand what it means to have a deeply held religious belief?

MOORE: I don’t think that there is such a thing as a deeply held religious belief that you should not serve people. There is no sincerely held religious belief to think that I am better than other people – to think that my sin is different than other people. And so I am a deeply Christian man, and those go counter to my belief system.

—Precisely: “there is no such thing as a deeply held religious belief that you should not serve people.” The Bible doesn’t say anything about who to sell a cake to. Neither does the Koran, or the Torah. And again, if you don’t want to risk violating your religious principles by opening a public business, don’t open one.

MONTAGNE: Why do you think your state elected officials, who presumably think they’re looking out for the best interests of exactly people like you – why do you think that they passed this bill?

MOORE: The assumption that they think that they’re looking out for us – that’s not what they are doing. A report just came out. We rank number one – our state government is the most dependent on federal money. We are the third most obese state. We rank at the bottom in unemployment, in education. We’ve got crumbling infrastructure. None of them are being tackled. Instead, we are passing, hey-let’s-discriminate bills.

—This is the first time we’ve heard someone state this so clearly: state governments that “protect” their people by passing laws that do nothing to stop poverty, illness, and lack of education are really using people’s religion to keep them down.

MONTAGNE: Coming from Mississippi, do you have concerns that this bill reflects on your state in a way that you wouldn’t like it to be seen?

MOORE: Yeah – Mississippi is an amazing place. And it’s filled with amazing people. But if you aren’t from here, if you don’t know that, you’re going to choose to not come here because of bills like this – because you see the state government as taking no action on hundreds of other priorities and taking action instead on trying to solve a problem that doesn’t exist. It boggles my mind.

MONTAGNE: Well, thank you for sharing this with us.

MOORE: Certainly – you’re welcome.

MONTAGNE: Mitchell Moore is a baker, and he owns Campbell’s Bakery in Jackson, Miss.

Anyone want to build a memorial to this Southern hero? We do.

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“Money talks and BS walks”—corporate reaction to “religious freedom” bills in Georgia and North Carolina

Posted on March 30, 2016. Filed under: Bill of Rights, Civil Rights, Politics | Tags: , , , , , , , |

Fans of This is Spinal Tap will recognize that immortal line, spoken by Bobbi Flekman, AR tour de force for Polymer Records. When the band find their album is being banned “by both Sears and K-Mart stores” because of its sexist cover art, Bobbi overrides the band manager’s protests and justifications to say “money talks, and b*** walks”. It became an instant mantra in many industries. (See the clip here.)

And it’s proving true in the real world as well: corporations in Georgia and Atlanta have responded forcefully to the anti-American “bathroom bills” and “religious freedom” laws those states have passed or are about to vote on. In North Carolina, PayPal, Bank of America, and Dow Chemical, all headquartered in the state, have denounced the state-wide law requiring people to use the bathroom earmarked for their biological or “birth sex” (not a real term) that was conjured up to overturn a Charlotte, NC law that banned discrimination against LGBT citizens. The NBA has threatened to move the All-Star game from Charlotte.

In Georgia, HB 757, protects “religious liberty” by allowing anyone calling themselves religious to deny service in a public business to LGBT people. Disney and Unilever now threaten to pull business from the state, and the NFL says Atlanta will not host the Super Bowl if the bill is passed. Through the group Georgia Prospers, Coca-Cola, Home Depot, UPS, Delta Airlines, and Marriott Hotels have all said they will reconsider investment in Georgia or move their operations if the bill passes.

You may recall that in 2014 the NFL successfully threatened to move the Super Bowl from Arizona if its governor signed a pro-discrimination “freedom” bill, and that pressure led Gov. Brewer to decline signing the bill.

In one way this is heartening: it’s good to see corporations, which usually bend most of their efforts to breaking the law and violating the Constitution, united behind the cause of justice.

But in another way, it’s depressing: voters, lawmakers, and elected officials in many states are kept from exercising tyranny of the majority not by their love of American principles of liberty and justice for all, but by their fear of losing money. Keeping Coke or NBA dollars in their state is more important than anything, even their supposedly deeply held “religious” beliefs.

Of course, the companies are motivated by money, too; they don’t want to alienate a portion of the population that is supposed to have a lot of money to spend (an enduring though fatally outdated corporate myth about gay people is that, since they don’t have children, they spend all their money on consumer goods. The “gay American” to most companies is a white man living in a city with his partner and more money than he knows what to do with).

We can’t rely on corporations to be the guardians of justice because they are very unreliable. They are motivated by profit, and if they ever sensed that not all LGBT Americans are rich and white, they would jump off the LGBT bandwagon pretty quickly. We all have to keep working in our cities and states to remind people that what makes America great is its commitment to liberty and justice and separation of church and state.

Remember: if you don’t want to serve gay or trans people, don’t open a public business. Once you open a public business, you are obliged to serve the public—no exceptions. There’s no difference between these anti-gay laws and the anti-black laws that kept black people from eating in restaurants with white people, going to movie theaters with white people, and riding city buses with white people. Anti-gay laws are discrimination, and America finally got rid of that curse through the hard work of the civil rights movement in the 1950s-70s. You can’t teach kids in school that Rosa Parks was a hero if you then vote for a law that says you can keep trans people off your bus or out of your bakery.

In an election year where people stumble over themselves to love America the most, one easy test of who really means it is whether they support anti-American discrimination laws.

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Make America great again–by supporting its federal government

Posted on March 2, 2016. Filed under: Civil Rights, Politics, U.S. Constitution, What History is For | Tags: , , , , |

We’re re-running this post from a few years ago to counter the constant message of the Republican presidential campaigners and those of their supporters who get on TV and the radio saying that what makes America great is its people, not its government. Marco Rubio just made this statement a few days ago at a rally.

How the Founders would shudder to hear this. If the American people are great, it’s because of their government, which empowers and ennobles them, gives them national, political, and individual freedom, and relies on the people themselves to participate in the government, by voting and/or serving in public office.

When you have a government like that, you are free, even determined to offer free public education for all, to make sure everyone gets enough food, to sit on juries so your fellow Americans can get justice. Our representative democracy—still so very rare in the world, the first of its kind, and in the minority even in the 21st century—is what gives us our national character, our optimism, our passion for justice, our sense of fair play. We infuse our government with these good things.

When we decide the federal government is the root of all ills, that decision is usually led by  selfish people who don’t want to help their fellow Americans eat or get justice or live in decent housing; they are out for themselves and themselves alone. They call themselves libertarians or rugged individuals, and they claim that they are returning to original American values that made the country great.

These people are voted into office and there they pervert the federal and state governments into criminal systems that oppress the poor and non-white and female. It’s vicious circle: People who hate the government go into it to destroy and pervert it, and then the government actually becomes the root of all evils they said it was. It’s a self-fulfilling prophecy. If America is no longer great, it’s because of these people saying they themselves will make it great again by destroying the government.

But we need to cling to our representative democracy, our principles of liberty and justice for all, taxation with representation that helps people get the things they need. We need to let it keep us generous and fair-minded. A woman on the radio this morning said she voted for Trump because “I just want a change. I want a change.”

Change in and of itself is not positive. You can’t just say I’m fed up and I will throw the baby out with the bathwater. You can’t say “change” when you mean “I want to get my own way all the time and not help anyone else.” You will get a change for the worse, and you might find that it’s a change you don’t end up liking.

Here’s the original post. We’re in it for the long haul to November and beyond.

 

We saw in the last post that Americans live in a unique situation: we enjoy all three types of basic freedom, national, political, and individual. Listing the nations that have offered all three freedoms to all of their citizens is a counting-on-one-hand proposition. Successfully providing and defending all three freedoms is what makes the United States great.

But it also presents some problems. Over the generations, Americans have veered between putting national freedom first and putting individual freedom first. We’re sometimes willing to give up individual freedom to be safe from attack, and sometimes unwilling to perform our duties of national and political freedom in the name of individual freedom. When the U.S. faces attack or threats to its safety, many Americans want to put laws in place curtailing individual freedoms like freedom of speech, religion, and assembly in order to at once weed out troublemakers and create a more homogenous society. Conversely, when the federal government tries to put sweeping legislation into effect, such as government-paid health care or social security or gun control, many Americans loudly protest the move as an infringement of their individual rights.

Individual rights also lead many Americans to neglect their political freedom to participate in government by holding office and/or voting. The feeling that participation in our democracy  is unnecessary, an extra rather than a basic tenet of American citizenship, is pervasive. Resentment of “big government” leads many people not to want to participate in government at all, as if they would be supporting an invasive federal government by voting or running for office, although the way to change the nature of government is to join it or vote in those you wish to have representing your views. The belief that our government is an impediment to individual freedom is sadly prevalent.

Holding all three freedoms in equal esteem is difficult. Many Americans have come to see our individual freedoms as the wellspring from which national freedom is born, and thus individual freedoms are the most important. But these individual freedoms come from our government, from the Constitution, and last only as long as we have our national freedom. Without national freedom, there is no individual freedom, and national freedom only lasts as long as we have political freedom. Giving up our right to vote—for refusing or failing to vote is tantamount to giving up that right—is a dangerous step toward losing national and individual freedom. Once we stop demanding that our government really represent us, our democracy is crippled, and then the nation is open to outside threats. If individual freedoms are seen as separate from or at odds with national and political freedom, then we begin to prioritize our liberty to do whatever we want at the expense of national safety.

Individual freedom is really our freedom to live up to the founding principles of our nation. It’s our freedom to speak and worship and serve our country as we each see fit, and not really the freedom to be lazy and uninvolved and prioritizing our own choices over other people’s choices. It is the freedom to live together as one without having to be the same, not the freedom to push our own ways at the expense of everyone else’s.

Political freedom is our freedom to have a democracy, to be represented accurately in the federal government, and to preserve the individual freedoms we enjoy.

National freedom is the end result of the first two freedoms, because we who value our individual and political freedom will not allow our country to be destroyed by outside forces—or by those Americans who don’t believe in the full triad of freedoms.

Going forward, we’re seeking to bring our three freedoms into balance and remember that each is equally valuable, and each demands our equal time and effort to maintain.

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A Holiday Gift: Religious Tolerance

Posted on December 22, 2015. Filed under: American history, Bill of Rights, Civil Rights, U.S. Constitution | Tags: , , , , , |

Here’s a sharp video from Dr. Larry Schweikart, University of Dayton, on the PragerU site that explains the origins of religious tolerance in the English colonies of North America, and the astounding breakthrough that was the First Amendment of the U.S. Constitution. He even gets the Puritans right! Since WordPress won’t let us import the video, we just have to give you the link:

Religious Tolerance: Made in America

Enjoy, and enjoy watching a short video rather than reading reams of text from the HP crew. That’s our gift to you!

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A Nation of refugees

Posted on November 17, 2015. Filed under: Civil Rights, Immigration, Politics, U.S. Constitution | Tags: , , , , |

The wars in what we grew up calling “the Middle East”, from the Syrian civil war to the battles against the so-called Islamic State, are doing what all wars do: creating millions of refugees. This is not new in human history. Why is the U.S. a nation of immigrants? In large part because millions of people fled war in Europe during the 19th century. From the revolutions of 1848 to the wars that created Germany to the people who fled Europe after WWII, war has always grown our population in the U.S.

But that last one in the list, WWII, is actually an anomaly. It was after WWII that the U.S. began adopting policies that limited immigration, even for people claiming refugee status. There were multiple reasons for this; anti-immigration policies had begun to multiply in the 1920s and 30s, and affected people’s ability to leave Europe for America before the Second World War. These policies led to the refusal of the St. Louis in May 1939,  because it carried 937 Jewish Europeans seeking refugee status in Cuba; Cuba would not take them, and according to the Immigration Act of 1924 that cut immigration from southeastern Europe sharply, neither would the U.S. (The Jewish refugees were sent back to Europe where they fell victim to Nazism.) After WWII, the Cold War encouraged U.S. officials to restrict European and Asian immigration as we became a fortress closed against Communism.

So we actually became less welcoming to Refugees from Foreign Wars, as they used to be called, during WWII. Famously, it took an emotional visit by First Lady Rosalyn Carter to starving and dying Vietnamese and Cambodian refugees from the Vietnam War to change our policy and allow them to enter the U.S.

In the 1920s, the U.S. banned immigration based on religion and race: “undesirable” Catholics, Jews, and people who were not considered white at that time like Italians and Czechs and Russians all had their quotas lowered. Since the 1950s, immigration has been viewed through the lens of politics and religion: Catholic Latinos in the 1970s-90s, and now Muslim Middle-Easterners are the new bogeymen. In the late 19th century and to the 1930s, southeastern European Jews and Catholics were decried  loudly by panicking white Protestants: their mission from the Pope or whoever controlled them was to destroy the U.S. government and our white nation. Today, the nativists panic as they claim… the exact same thing.

Muslims can’t understand democracy. They can’t participate in it. They won’t learn English. They hate our free society. They’ll bring their religious laws here and try to enforce them. They’ll destroy our government. They’ll commit acts of terrorism.

All of these hate-panic claims were once made about Italian, Jewish, Chinese, and Catholic immigrants. Somehow none of them came true.

Yet some of our political leaders are clearly nostalgic for the bad old days. Rick Santorum thinks all Syrian refugees should go back home and fight ISIS. Somehow they will succeed where Russian air strikes have not. Carly Fiorina wants all refugees screened for terrorism before they can come here. Rand Paul has a blanket “no” when it comes to Muslim refugees. Bobby Jindal thinks all refugees should be constantly monitored in the U.S., ankle-bracelet style. And Mike Huckabee thinks it’s “crazy” to take poor people from the “desert”, “who don’t speak our language, who don’t understand our culture, who don’t share a [sic] same worldview, and bring them to Minnesota during the winter”.

Luckily none of these people are running the country. Our president faced this front of ignorance by reminding us of who we are:

When I hear political leaders suggesting that there would be a religious test for which a person who is fleeing from a war-torn country is admitted, when some of those folks themselves come from families who benefited from protection when they were fleeing political persecution, that’s shameful, that’s not American. That’s not who we are. We don’t have religious tests (for) our compassion.

This is a much-needed counter-attack against those who insist that instituting the religious tests that our Constitution absolutely outlaws and deplores as undemocratic will keep our democracy safe. Suspecting people who have fled for their lives in a war of being warmongers whose only goal is to destroy any nation that takes them in and offers them hope is beyond ignorant. And it’s beyond American.

Whenever anti-immigrant, hate laws were passed in our history, there were Americans who stood up against them. There are always Americans who fight for justice for all. That’s our true identity. That’s American. Let’s remember that. Let’s remember who we are and how we got here, always aspiring to greatest-nation-on-Earth status, because the old saw is true: if we destroy everything we stand for in the name of security, the terrorists win.

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Court decisions are not “democracy”?

Posted on November 13, 2015. Filed under: Civil Rights, U.S. Constitution | Tags: , , |

We were listening to the news and heard someone being interviewed say that an issue in their state had been decided by the state Supreme Court, and therefore the issue “was solved by the courts, not by democracy”.

This idea that the judiciary, one of the three branches of our government as described by our Constitution, is somehow not part of our democratic system is a baffling one. We are forced to repost our original rebuttal of this idea, from 2008, here in the continuing effort to fight this misconception:

The California Supreme Court’s decision that banning gay marriage is unconstitutional has been met with the by-now common complaint that the Court overstepped its bounds, trampled the wishes of the voters, and got into the legislation business without a permit.

A review of the constitutionally described role of the judiciary is in order.

The famous commentator on American democracy, Alexis de Tocqueville, talked a great deal in his books Democracy in America about the tyranny of the majority. This is when majority rule–the basis of democracy–ends up perverting democracy by forcing injustice on the minority of the public.

For example, slavery was an example of the tyranny of the majority. Most Americans in the slave era were white and free. White and free people were the majority, and they used their majority power to keep slavery from being abolished by the minority of Americans who wanted to abolish it. The rights of black Americans were trampled by the tyranny of the majority.

Before Brown v. Board of Education in 1954, the majority of Americans were fine with segregated schools. They used their majority power to oppress the minority of Americans who were black, or who were white and wanted desegregation.

In each example, the majority is imposing and enforcing injustice which is incompatible with democracy. They are tyrannizing rather than governing.

The judiciary was created to break this grip of majority tyranny. The legislature–Congress–cannot usually break majority tyranny because it is made up of people popularly elected by the majority. But the appointed judiciary can break majority tyranny because its sole job is not to reflect the wishes of the people but to interpret the Constitution.

If the judiciary finds that a law made by the legislature perverts democracy and imposes the tyranny of the majority, it can and must strike that law down. This is what happened in California. The court found that although the majority of Californians (as evidenced by a previous referendum) had voted to ban gay marriage, that majority was enforcing and imposing injustice on the minority. So the court found the ban unconstitutional.

This is not beyond the scope of the judiciary, it’s exactly what it is meant to do.

I heard a commentator yesterday saying the California court should have left the issue to “the prerogative of the voters”. But if the voters’ prerogative is to oppress someone else, then the court does not simply step aside and let this happen.

The same people who rage against the partial and biased justices who lifted this ban are generally the same people who would celebrate justices who imposed a ban on abortion. People who cry out for impartiality are generally only applying it to cases they oppose. See Dispatches from the Culture Wars for an excellent post demonstrating this.

So that’s what the judiciary does: it prevents the tyranny of the majority from enforcing injustice in a democracy. Like it or not, the “will of the people” is not always sacred, and sometimes must be opposed in the name of equality.

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Black Votes Matter… but not in Alabama

Posted on October 21, 2015. Filed under: Civil Rights, U.S. Constitution | Tags: , , , , , |

Back in June 2013, we posted about the Supreme Court decision that gutted the 1965 Voting Rights Act. You can read that here; in this post, we focus on the inevitable evil that is beginning to come of that decision.

Basically, the SC decision removed a restriction that had been placed on states with the worst records of preventing black Americans from voting: that restriction said that if one of those states wanted to change anything about its voting laws, those changes had to be approved by the federal government. This stopped states from passing new laws that kept black Americans from voting.

And now we see the first fruit of removing that restriction: Alabama first made a government-issued ID mandatory for voting, and has now shut down 31 DMV locations—in majority-black counties.

As the report in The Nation says,

The state is shuttering DMV offices in eight of the 10 counties with the highest concentration of black voters. Selma will still have a DMV office but virtually all of the surrounding Black Belt counties will not. “Every single county in which blacks make up more than 75 percent of registered voters will see their driver license office closed,” writes John Archibald of the Birmingham News. “The harm is inflicted disproportionately on voters who happen to be black, and poor, in sparsely populated areas.”

Alabama describes the closings as a cost-saving measure, but the impact has clear racial and political overtones. Writes Archibald:

“Look at the 15 counties that voted for President Barack Obama in the last presidential election. The state just decided to close driver license offices in 53 percent of them.

“Look at the five counties that voted most solidly Democratic? Macon, Greene, Sumter, Lowndes and Bullock counties all had their driver license offices closed.

“Look at the 10 that voted most solidly for Obama? Of those, eight—again all but Dallas and the state capital of Montgomery—had their offices closed.”

This is the very type of voting change–one that disproportionately burdens African-American voters–that would have been challenged under Section 5 of the VRA, which the Supreme Court rendered inoperative. “The voices of our most vulnerable citizens have been silenced by a decision to close 31 license facilities in Alabama. #RestoreTheVOTE,” tweeted Congresswoman Terri Sewell from Selma.

Congresswoman Sewell is calling on the federal Department of Justice to investigate, but what can it do? Its power to suspend any violation of Americans’ constitutional right to vote has been stripped away by the Shelby decision.

As John Archibald (quoted above) says in an op-ed,

It’s not just a civil rights violation. It is not just a public relations nightmare. It is not just an invitation for worldwide scorn and an alarm bell to the Justice Department. It is an affront to the very notion of justice in a nation where one man one vote is as precious as oxygen. It is a slap in the face to all who believe the stuff we teach the kids about how all are created equal.

But Alabama Secy of State John Merrill says there’s no problem:

Secretary of State John Merrill, Alabama’s chief election official, said late Wednesday that the state’s closing of 31 county driver’s license offices won’t leave residents without a place to get the required I.D. card to vote.

…Merrill said state election officials “will issue (photo voter I.D. cards) on our own” at county Board of Registrars offices. “Every county has a Board of Registrars,” he said.

…Merrill said his office will have brought its mobile I.D. van to every county in Alabama by Oct. 31. He said the van will return to counties when requested. “If they can’t go to the board of registrars, we’ll bring a mobile crew down there,” Merrill said.

…One must ask why Alabama should have to use mobile vans to register people when it already had DMVs in place to do so? Mobilizing a fleet of “mobile ID vans” to replace the DMVs you shut down is like breaking your car window so you can tape a plastic garbage bag over it and then vaunt your great “fix”.

It seems clear that this is a bold, open blow against civil rights in Alabama, and like attacks on immigrants, these moves tend to spread from state to state; we fear Alabama will not be the last to decide it doesn’t have to let black citizens vote. Keep an eye on your own state, and if you like, protest the Alabama move at #RestoretheVOTE.

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