U.S. Constitution

Kneeling during the national anthem is patriotic

Posted on September 29, 2017. Filed under: Truth v. Myth, U.S. Constitution | Tags: , , , , , , , , , |

We’ve noticed a lot of people coming to the blog to read our post What does the United States national anthem mean? as more NFL players have been kneeling in silent protest during the anthem before games. Debate over this protest has focused on whether it is unpatriotic because it disrespects the flag.

What does our flag represent? In the Pledge of Allegiance, we say that we

pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation indivisible with liberty and justice for all.

Yes, we skip the “under God” part, which was tacked on during the Cold War (see The Pledge of Allegiance at 60) but even if you include it, you see that when we salute the flag we are committing ourselves as citizens to the principles of unity, liberty, and justice for all. “I pledge allegiance to the flag and this county, which is a united nation offering liberty and justice to all.”

The national anthem is sung at sports events while enormous flags are unfurled across the stadium or from the roof of the court. The flag is the symbol of the indivisible nation we are committing ourselves to support. This is a moment of good faith: the flag stands in for our country, and we honor it by promising to uphold its founding principles.

So the anthem is an entirely appropriate time and place to protest any violation of those founding principles of liberty and justice for all. In fact, it is the height of patriotism to say, “I’m not going to pay lip service to the flag by saying I give my allegiance to the principle of liberty and justice for all but then ignoring flagrant violations of that principle. I’m not going to pretend that what the flag stands for is not being systematically violated. I will not support a good faith gesture being made in bad faith.”

We disrespect the flag when we thoughtlessly salute it, when we salute it while ignoring the violations of our national principles, when we act like saluting the flag is patriotism. Singing the national anthem and saluting the flag are not in themselves patriotic acts. They can be, if they are performed with the serious intention of working to uphold the principles the flag and anthem stand for. But if we’re just mouthing words and waiting for the game to start, they are not patriotic. If we sing the words and put our hands over our hearts while doing nothing to fight for our country, that is not patriotic.

The flag and the anthem are not about supporting U.S. soldiers, as many people have come to believe over the past decade. They are not supposed to represent the military. They are not supposed to represent an ultimatum to hostile foreign nations. The flag and the anthem represent our founding principles of a people united in maintaining liberty and justice for each other in every way, in every place in this country. So kneeling during the anthem is not an insult to our military.

There are many ways to fight for America that don’t involve being a soldier. Whenever you fight for liberty and justice for all, you are protecting America. Sometimes that battle takes place in schools. Sometimes it takes place in courts of law. It can and does take place in business offices, factory floors, newspaper articles, playgrounds, restaurants, living rooms, and yes, sports arenas. Wherever you stand up for someone else’s civil rights, you are fighting to protect America.

And so when athletes take advantage of a national stage to nonviolently protest the unpunished persecution and murder of black Americans, that is appropriate. They are respecting the flag and our country by showing that the words we sing in the anthem and the hand we place over our heart should really mean something. They are holding us all accountable for living up to the pledge we all make.

The anthem is not just a feel-good moment. It’s serious. It’s a symbolic recommitment of every generation of Americans to the whole purpose of America, which is to be truly democratic, to offer life, liberty, and the pursuit of happiness to all citizens, without malice, with liberty and justice for all. If that’s not being honored, it’s better to sit it out. Kneeling during the anthem is a powerful statement. No one does it lightly. It’s a red flag, a wake-up call to all Americans that there is an actual and serious violation of our national principles going on.

As one American said on the radio this morning, Just because you put on a uniform doesn’t mean you give up your right to freedom of speech. We would add that it doesn’t mean you give up your right to sound the alarm when our national principles are at risk. That’s what we call patriotism.

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Robert E. Lee was not a hero, white supremacists are not Americans

Posted on August 16, 2017. Filed under: Civil Rights, Civil War, Politics, Slavery, The Founders, Truth v. Myth, U.S. Constitution, What History is For | Tags: , , , , , , , , , , , |

There is no need to be careful about this. Anyone who served in the armies of the Confederate States of America was a traitor to the United States; anyone who led those armies all the more so. They were part of an armed rebellion against the U.S., which is the definition of treason.

That in itself is enough. But the fact that Confederates were fighting to protect and advance slavery, to create a slave state, means their rebellion was not just political, against the political entity that was the United States, but ethical, moral, and philosophical. They specifically rebelled against the U.S. move to end slavery of black Americans, and just as American abolitionists and antislaveryites based their work to end slavery on moral principle enshrined in the Constitution—that “all men are created equal”–American proslaveryites based their work to continue and expand slavery on a rebellion against that American principle.

The Confederacy was explicitly founded to protect and promote slavery. Its leaders made absolutely no secret of that at the time (see Charles Dew’s Apostles of Disunion for all the evidence from primary sources that you need). As Confederate vice-president Alexander H. Stephens said in his famous “Cornerstone speech“,

…the new constitution has put at rest, forever, all the agitating questions relating to our peculiar institution — African slavery as it exists amongst us — the proper status of the negro in our form of civilization. This was the immediate cause of the late rupture and present revolution. [Thomas] Jefferson in his forecast, had anticipated this, as the “rock upon which the old Union would split.” He was right. What was conjecture with him, is now a realized fact. …The prevailing ideas entertained by him and most of the leading statesmen at the time of the formation of the old constitution, were that the enslavement of the African was in violation of the laws of nature; that it was wrong in principle, socially, morally, and politically. It was an evil they knew not well how to deal with, but the general opinion of the men of that day was that, somehow or other in the order of Providence, the institution would be evanescent and pass away. …Those ideas, however, were fundamentally wrong. They rested upon the assumption of the equality of races. This was an error. It was a sandy foundation, and the government built upon it fell when the “storm came and the wind blew.”

Our new government is founded upon exactly the opposite idea; its foundations are laid, its corner-stone rests upon the great truth, that the negro is not equal to the white man; that slavery — subordination to the superior race — is his natural and normal condition. [Applause.] This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth. This truth has been slow in the process of its development, like all other truths in the various departments of science. It has been so even amongst us. Many who hear me, perhaps, can recollect well, that this truth was not generally admitted, even within their day. The errors of the past generation still clung to many as late as twenty years ago. Those at the North, who still cling to these errors, with a zeal above knowledge, we justly denominate fanatics. All fanaticism springs from an aberration of the mind — from a defect in reasoning. It is a species of insanity. One of the most striking characteristics of insanity, in many instances, is forming correct conclusions from fancied or erroneous premises; so with the anti-slavery fanatics; their conclusions are right if their premises were. They assume that the negro is equal, and hence conclude that he is entitled to equal privileges and rights with the white man. If their premises were correct, their conclusions would be logical and just — but their premise being wrong, their whole argument fails.

I recollect once of having heard a gentleman from one of the northern States, of great power and ability, announce in the House of Representatives, with imposing effect, that we of the South would be compelled, ultimately, to yield upon this subject of slavery, that it was as impossible to war successfully against a principle in politics, as it was in physics or mechanics. That the principle would ultimately prevail. That we, in maintaining slavery as it exists with us, were warring against a principle, a principle founded in nature, the principle of the equality of men. The reply I made to him was, that upon his own grounds, we should, ultimately, succeed, and that he and his associates, in this crusade against our institutions, would ultimately fail. The truth announced, that it was as impossible to war successfully against a principle in politics as it was in physics and mechanics, I admitted; but told him that it was he, and those acting with him, who were warring against a principle. They were attempting to make things equal which the Creator had made unequal. [our emphasis]

We quote Stephens at nauseating length to show that the Confederacy was explicitly dedicated to the anti-American principle that non-white people are biologically inferior to white people. The Confederates themselves expressed it this way, as a rejection of and rebellion against the Founders’ plan and hope that slavery would inevitably end the United States because it was “wrong in principle, socially, morally, and politically”, and the United States would not tolerate this because the nation was founded on the principle of equality.

Why does this matter now, on August 16, 2017? Because Stephens still has followers in this country. The Confederacy still has supporters. There are still people living in this country who do not support our Constitution or our law, or any of our founding principles. They call themselves Americans, and most were born here, but they are not. Americans are dedicated to the founding principles of the United States of America, which include the premise that all men are created equal. Anyone who fights this is not American.

And the man currently holding the title of President of the United States is one of them. Donald Trump is no American. He is, clearly, a Confederate president, taking up the torch from Alexander Stephens. In his press conference after a white supremacist/KKK/Nazi rally in Charlottesville, VA in which one woman was killed while protesting against the racist rally, Trump said that Americans protesting fascism were just as bad, and in some ways worse, than Nazis posing as Americans, and he took the fascist side:

What about the people of the alt-left, as they came charging at the alt-right, as you call them? [shouts] What about the fact that they came charging, they came charging with clubs in their hands swinging clubs? Do they have any problem? I think they do.

As far as I’m concerned, that was a horrible, horrible day… wait a minute; I’m not finished. I’m not finished, fake news. That was a horrible day. …I will tell you, I watched this closely, more closely than any of you people, and you had a group on one side that was bad and you had a group on the other side that was also very violent. And nobody wants to say that, but I’ll say it right now. I think there’s blame on both sides and I don’t have any doubt about it and you don’t have any doubt either.

…there were people protesting very quietly the taking down of the statue of Robert E. Lee. …the following day it looked they had had some rough, bad people–neo-Nazis, white nationalists, whatever you want to call them, but you had a lot of people in that group who were there to innocently protest…

So this week, it is Robert E. Lee. I noticed that Stonewall Jackson is coming down. I wonder, is it George Washington next week? And is it Thomas Jefferson the week after? You know, you really do have to ask yourself, where does it stop?

Our quotes for all but the last paragraph were taken from video on Fox News’ website. So far as we saw the Fox News coverage did not include the last statement. Their commentator did describe these statements by Trump as part of a “brave and honest press conference, he pulled no punches… brutally honest, maybe too honest.”

Honest. We can’t help thinking of Stephens gloating that the premise that all people are created equal had finally been debunked as a fantasy, as fanaticism. If it’s “honest” to say that American protesting fascism are the criminals, and the fascists are the true Americans, innocent Americans, then we have entered a second civil war—or a second Confederate States of America, brought into being without a shot fired in official war.

For over 150 years, the citizens of the United States perpetrated a dangerous wrong by allowing statues of traitors who fought against the U.S. politically and morally, traitors who were dedicated to the lie that all people are not created equal, to stand. “Oh, it’s not about slavery,” people would say; “it’s just their culture.” We once heard someone say there are no statues to Nazi leaders in Germany. Why are there memorials to Confederate leaders in the United States? Now we see the result of 150 years of dedicated fighting after Appomattox by people who will never be real Americans, and a concentrated effort over the last 50 years, since the Civil Rights movement, to revive the Confederate States of America.

Needless to say, we can’t give in. While Trump has basically invited and urged Nazis to show up when the statue of Jackson is taken down, and has given new hope and excitement to Nazis in America, we Americans have to fight. It’s much harder to fight a guerrilla war than it was to go into actual battle during the Civil War. Right now the best path is to meet the Nazis wherever they go, and not remain a silent majority.

Every nation has a fraction of its population that urges fascism and hatred. Sometimes they manage to monopolize the microphone and take up more space in the media than their numbers justify. Now is such a time in the U.S. Now is the time to muscle these people back into the shadows if we can’t drive them out of the country. That’s the “brutally honest” truth.

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Medicaid is in the Constitution

Posted on July 20, 2017. Filed under: Politics, Truth v. Myth, U.S. Constitution | Tags: , , , , , , , , , , |

That’s a bold statement, and it’s inaccurate in the sense that if you read our Constitution you won’t find the word “Medicaid” in it. Medicaid is a federal program created in 1965 as part of a series of amendments to the Social Security Act of 1935. Here’s a quick, neutral definition of Medicaid from Wikipedia:

“Under the program, the federal government provides matching funds to states to enable them to provide medical assistance to residents who meet certain eligibility requirements. The objective is to help states provide medical assistance to residents whose incomes and resources are insufficient to meet the costs of necessary medical services. Medicaid serves as the nation’s primary source of health insurance coverage for low-income populations.

States are not required to participate. Those that do must comply with federal Medicaid laws under which each participating state administers its own Medicaid program, establishes eligibility standards, determines the scope and types of services it will cover, and sets the rate of payment. Benefits vary from state to state, and because someone qualifies for Medicaid in one state, it does not mean they will qualify in another.”

Millions of Americans rely on Medicaid (and the related Medicare) for medical care. All of them are poor–officially living below the poverty threshold as defined by the federal government. In 2017, for instance, the poverty threshold for a household of four people is $32,300. Most Americans who receive Medicaid are elderly. Many are disabled, many are veterans, many are children.

Medicaid, then, is a federal safety net like Social Security that is meant to maintain a basic standard of living for the poorest, oldest, and youngest Americans.

When the Affordable Healthcare Act (Obamacare) was passed, it required Americans to have health insurance. If someone lives below the poverty line, Medicaid pays for that insurance. To make this happen, the federal government offered all states more money for Medicaid.

18 states, all but two with Republican governors or legislatures, refused to take this extra funding for Medicaid. Some representatives of these states claimed they wanted to draft their own Medicaid “reform” legislation; others, like Maine’s governor LePage, claimed it was just an attempt by the Democratic party to create a “massive increase in welfare expansion.”

That word—“welfare”—has become a charged word in the U.S. Like “liberal”, which means “generous”, welfare is a positive word that has been given a negative meaning by its opponents. “Welfare” means “the good fortune, health, happiness, prosperity, etc., of a person [or] group”. You can see its English root pretty clearly: “fare” means “to experience good or bad fortune”; if you fare well, that’s good. Then you have welfare. We maintain this understanding when we tell people “farewell” when they leave on a trip. We want to wish them a good experience, safety, and happiness.

But conservatives who oppose any government spending on social safety nets turned our federal welfare system into a whipping boy in the 1980s, under President Reagan. The infamous “welfare queen” Reagan wowed audiences with—a woman who supposedly bilked the federal system to the tune of $150,00 a year—was used by conservatives to damn the program. They said people on welfare were lazy (code word for “black”), and that all hard-working, middle-class Americans (code words for “white”) were paying to support these people who laid around eating candy and watching TV all day. Why should they go get jobs? They were living the good life on our dime. If we got rid of welfare (shorthand for all federal safety net program, from food stamps to subsidized school lunches to Head Start), the conservatives said, all of those people would have to go out and get jobs, and we’d all be better off.

To help make this happen, Reagan’s administrations cut funding to the programs, and subsequent Republican lawmakers and presidents continued this trend. They also began cutting taxes sharply under George W. Bush. With less money coming into the federal government, less money could go to states to support programs like Medicaid and SNAP (food stamps). States began to cut services, often by making the poverty threshold lower and lower.

These cuts in funding exacerbated the problems of the poor who depended on them. They also coincided with stagnating incomes, a stubbornly low minimum wage, and a forced shift of workers to part-time employment by companies that did not want to pay full-time wages or offer full-time benefits to make the traditionally poor even poorer, and to move working people who used to make enough money to live on into the poverty range, where they need federal assistance.

Despite the fact that “the poor” includes white people, people who are working, children, veterans, and elderly people who worked all their lives, conservatives today continue to slam “welfare” as a trap set by devious immigrants, blacks, and criminals to trick honorable working white people into giving away their money.

Welfare. Despite all of this recent effort to make it a bad word and an even worse idea, welfare actually is in the Constitution. Let’s revisit that famous Preamble (and sing it in our heads to the Schoolhouse Rock melody):

We, the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity do ordain and establish this Constitution for the United States of America.

“Promote the general Welfare”: that’s written into the fabric of our national identity, the purpose of our nation. One of our fundamental reasons for being is to ensure that every American has the full opportunity to experience the Blessings of Liberty. This is an idea that was first expressed by English settlers in 1630, when Puritan John Winthrop said, in what we call the “City on a Hill” speech,

…we must be knit together in this work as one man, we must entertain each other in brotherly Affection, we must be willing to abridge our selves of our superfluities, for the supply of others necessities, we must uphold a familiar Commerce together in all meekness, gentleness, patience and liberality, we must delight in each other, make others Conditions our own, rejoice together, mourn together, labour, and suffer together, always having before our eyes our Commission and Community in the work, our Community as members of the same body, so shall we keep the unity of the spirit in the bond of peace, the Lord will be our God and delight to dwell among us, as his own people and will command a blessing upon us in all our ways…

As we note in our original post, this is a beautiful passage, reminiscent of the Sermon on the Mount in its focus on mercy, kindness, sharing, and other selfless qualities. The Puritans will not succeed by harrying out the sinner or otherwise smiting evil, but by loving each other, caring for each other, and “abridging our selves of our superfluities, for the supply of others necessities” (that is, there will be equality of wealth, with no one living in luxury while others starve). They will delight in each other,  making others’ conditions their own, and they will do all this to create a natural community of faith.

That’s what America was still dedicated to in 1787 when the Constitution was written and ratified by popular vote. We dedicated ourselves to giving some of our own wealth to provide for others. We dedicated ourselves to “liberality”, meaning generosity. We dedicated ourselves to Community, to seeing ourselves as members of the same body, living in a unity of spirit.

In short, we committed ourselves to the “general Welfare”, as the Constitution says. Americans must remember this in an age where we are urged to believe that “rugged individualism” is our true creed, and urged to say “no one helped me so why should I help anyone else?” and “I take care of my own.” Medicaid, food stamps, subsidized school breakfasts and lunches, Social Security, and everything else slighted now as “welfare” are really avenues toward establishing and maintaining the general Welfare our Founders envisioned. No nation is rich if it refuses to create equality of opportunity for all its citizens. No nation ends poverty claiming it is a trick played on the nation by the poor. No nation but the United States made generosity a cornerstone of its political outlook and purpose. Let’s remember that, and live up to our own creed.

 

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The Obama farewell address: advice from another world?

Posted on May 16, 2017. Filed under: American history, Politics, U.S. Constitution | Tags: , , , |

At long last we wrap up the close reading of President Obama’s farewell address that we began on January 13! We, like most of the nation, have been waylaid and distracted many times since then by the almost daily, certainly weekly news bulletins from Washington alerting us to almost every conceivable type of crisis or question or misstep arising from the Trump administration.

Five months into that administration, we begin to wonder if it serves any purpose to follow all those bulletins. What good does listening to accounts of our Constitution being violated, our national commitment to making liberty and justice for all a reality being ridiculed and undermined, or our president acting like a king do? What action can we take? Do marches work in the long term? Petitions? Shouting matches at town hall meetings? Jokes on late-night talk shows?

One of those things does work, and it’s nice that it’s the town hall meetings. On this site that so often discusses the Puritans, creators of the American town hall  and town hall meeting, it’s good to be able to join with our last president in his optimistic view of the future by recommending a return to something the Puritans valued deeply: taking right action.

In this case, it’s political action. As those Americans who believe our system of government—that any system, almost any kind of government—is the problem and not the solution, a hindrance at best and a trap at worst, attempt to dismantle it, we have to step up to keep it alive. Participate in local government. Vote, attend town hall meetings, go to candidate information sessions, learn how your government is supposed to work. Keep track of your state government. Write or call the people you elect to get information on how they plan to vote on upcoming legislation. Vote. Get referenda or other popular, grass-roots legislative change engines running if you need to. Do the same for your federal government.

This can be exhausting. Many Puritan men who were full church members and thus entitled to vote and run for political office chose never to become freemen and do so. (Freeman was their term for a full [male] citizen.) They knew how much time it took. Going to meetings after work is tiring. People with families may struggle to do it. Taking time out of the weekend is challenging.

But we were never so desperately in need of our democracy as we are now. So answer the call to right action. Be represented in our representative democracy. Choose the optimism Obama sent as his final message, the message that says if we remain inside our government, if we are its engine, we keep it alive and we keep it honest. Don’t let those Americans who break the government and then say we should throw it out because it’s broken achieve that self-fulfilling prophecy. Don’t wait for Democrats to retake the House and Senate; this is just an aggravation of the partisanship that’s killing us. We need to find ways to unite. Cross as many bridges as you can to create unity behind the real American identity, which is ever-expanding justice, liberty, and the common good.

We’ll finish with a quote from John Adams to motivate us:

There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, is to be dreaded as the greatest political evil under our Constitution.

Go unite our states.

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Positive change v. negative: closing Obama’s Farewell address

Posted on May 1, 2017. Filed under: American history, Puritans, U.S. Constitution, What History is For | Tags: , , , , , |

On we go at last with our close reading of the Obama farewell speech, despite our temptation to address the president’s poignant question “why was there a Civil War?”, since Yoni Appelbaum over at the The Atlantic does a fine job addressing that for us.

Our transcript source is now The New York Times, since the Trump Administration removing the transcript from its location at whitehouse.gov/farewell. Along with pages on LGBT rights, climate change, health care, and civil rights.

We left off with President Obama’s comments on attacks on the Enlightenment order that is the foundation of the American way, with him saying there had not been a successful attack by foreign terrorists in the United States in the last eight years.

And although Boston and Orlando and San Bernardino and Fort Hood remind us of how dangerous radicalization can be, our law enforcement agencies are more effective and vigilant than ever. We have taken out tens of thousands of terrorists, including Bin Laden.

The global coalition we’re leading against ISIL has taken out their leaders and taken away about half their territory. ISIL will be destroyed. And no one who threatens America will ever be safe.

And all who serve or have served — it has been the honor of my lifetime to be your commander-in-chief. And we all owe you a deep debt of gratitude.

But, protecting our way of life, that’s not just the job of our military. Democracy can buckle when it gives into fear. So just as we as citizens must remain vigilant against external aggression, we must guard against a weakening of the values that make us who we are.

And that’s why for the past eight years I’ve worked to put the fight against terrorism on a firmer legal footing. That’s why we’ve ended torture, worked to close Gitmo, reformed our laws governing surveillance to protect privacy and civil liberties.

—This section starts out as the usual tough-on-crime/terrorism/”threats” section that is in most 21st-century farewell addresses, but then morphs into an attempt by the president to say that military action is not the only patriotic action, and that military action without constitutional underpinnings is as dangerous as any crime/terrorism/threats. But this section falls strangely flat. The quick half-sentence “we must guard against a weakening of the values that make us who we are” is vague and could be used to support more militarization. It’s not clearly stating that military action alone has no moral value; it is judged good or evil by the cause it supports. And the Obama administration did not leave a great legacy when it comes to prisoners at Guantanamo, stopping surveillance of the public, and protecting privacy.

That’s why I reject discrimination against Muslim Americans who are just as patriotic as we are.

That’s why we cannot withdraw from big global fights to expand democracy and human rights and women’s rights and LGBT rights.

No matter how imperfect our efforts, no matter how expedient ignoring such values may seem, that’s part of defending America. For the fight against extremism and intolerance and sectarianism and chauvinism are of a piece with the fight against authoritarianism and nationalist aggression. If the scope of freedom and respect for the rule of law shrinks around the world, the likelihood of war within and between nations increases, and our own freedoms will eventually be threatened.

So let’s be vigilant, but not afraid. ISIL will try to kill innocent people. But they cannot defeat America unless we betray our Constitution and our principles in the fight.

Rivals like Russia or China cannot match our influence around the world — unless we give up what we stand for, and turn ourselves into just another big country that bullies smaller neighbors.

Which brings me to my final point — our democracy is threatened whenever we take it for granted.

—Here things pick up as the president says that fighting for human rights is “part of defending America.” That’s true. So long as Americans are willing to recognize extremism and intolerance and sectarianism and chauvinism within the U.S., and not always just in other nations, and to fight it as hard here at home as they do abroad, we are on solid ground. The scope of freedom and respect for the rule of law will shrink if the U.S. only enforces rule of law outside its own borders. That’s what it means to say that no one can defeat America but ourselves—if we betray our Constitution and our principles in the fight against injustice in other nations, our credibility is dissolved along with our democracy.

All of us, regardless of party, should be throwing ourselves into the task of rebuilding our democratic institutions.

When voting rates in America are some of the lowest among advanced democracies, we should be making it easier, not harder, to vote.

When trust in our institutions is low, we should reduce the corrosive influence of money in our politics, and insist on the principles of transparency and ethics in public service. When Congress is dysfunctional, we should draw our districts to encourage politicians to cater to common sense and not rigid extremes.

But remember, none of this happens on its own. All of this depends on our participation; on each of us accepting the responsibility of citizenship, regardless of which way the pendulum of power happens to be swinging.

Our Constitution is a remarkable, beautiful gift. But it’s really just a piece of parchment. It has no power on its own. We, the people, give it power. We, the people, give it meaning — with our participation, and with the choices that we make and the alliances that we forge.

Whether or not we stand up for our freedoms. Whether or not we respect and enforce the rule of law, that’s up to us. America is no fragile thing. But the gains of our long journey to freedom are not assured.

—We heartily second all of the statements made here! When people lose faith in our political system, they stop participating, and begin to elect people they hope will either destroy that system as impossibly corrupt, or reform it through strong-man tactics—bypassing Congress via executive orders and/or pushing oppressive and unconstitutional laws through Congress. But we, the people, have to bring meaning to our government or it will cease to exist. That is the substance of Obama’s next section:

In his own farewell address, George Washington wrote that self-government is the underpinning of our safety, prosperity, and liberty, but “from different causes and from different quarters much pains will be taken… to weaken in your minds the conviction of this truth.”

Read Washington’s great address here.

And so we have to preserve this truth with “jealous anxiety;” that we should reject “the first dawning of every attempt to alienate any portion of our country from the rest or to enfeeble the sacred ties” that make us one.

America, we weaken those ties when we allow our political dialogue to become so corrosive that people of good character aren’t even willing to enter into public service. So coarse with rancor that Americans with whom we disagree are seen, not just as misguided, but as malevolent. We weaken those ties when we define some of us as more American than others.

When we write off the whole system as inevitably corrupt. And when we sit back and blame the leaders we elect without examining our own role in electing them.

It falls to each of us to be those anxious, jealous guardians of our democracy. Embrace the joyous task we have been given to continually try to improve this great nation of ours because, for all our outward differences, we in fact all share the same proud type, the most important office in a democracy, citizen.

—It’s this kind of optimism that is so desperately essential to democracy. If, over 275 years later we still have to work to improve our democracy, we can see that as a clear sign that it’s hopelessly flawed and we should give up, or we can see it as a clear sign that our democracy has been greatly improved over those 275 years, and can just keep getting better and better. You have to choose the latter—choose optimism—to keep democracy alive.

Citizen. So, you see, that’s what our democracy demands. It needs you. Not just when there’s an election, not just when your own narrow interest is at stake, but over the full span of a lifetime. If you’re tired of arguing with strangers on the Internet, try talking with one of them in real life.

If something needs fixing, then lace up your shoes and do some organizing.

If you’re disappointed by your elected officials, grab a clip board, get some signatures, and run for office yourself.

Show up, dive in, stay at it. Sometimes you’ll win, sometimes you’ll lose. Presuming a reservoir in goodness, that can be a risk. And there will be times when the process will disappoint you. But for those of us fortunate enough to have been part of this one and to see it up close, let me tell you, it can energize and inspire. And more often than not, your faith in America and in Americans will be confirmed. Mine sure has been.

—This is a call to energy and real life that more Americans need to answer.

Over the course of these eight years, I’ve seen the hopeful faces of young graduates and our newest military officers. I have mourned with grieving families searching for answers, and found grace in a Charleston church. I’ve seen our scientists help a paralyzed man regain his sense of touch. I’ve seen Wounded Warriors who at points were given up for dead walk again.

I’ve seen our doctors and volunteers rebuild after earthquakes and stop pandemics in their tracks. I’ve seen the youngest of children remind us through their actions and through their generosity of our obligations to care for refugees or work for peace and, above all, to look out for each other. So that faith that I placed all those years ago, not far from here, in the power of ordinary Americans to bring about change, that faith has been rewarded in ways I could not have possibly imagined.

And I hope your faith has too. Some of you here tonight or watching at home, you were there with us in 2004 and 2008, 2012.

—This list of the good and bad moments ends with an emphasis on the good, and subtly reminds us of the historic step that was electing our first black president.

The rest of the speech is shout-out to the First Lady, the Obama daughters, vice-president Joe Biden, the White House staff, and the vast network of volunteers who worked on his campaigns. And then this:

And that’s why I leave this stage tonight even more optimistic about this country than when we started. Because I know our work has not only helped so many Americans; it has inspired so many Americans — especially so many young people out there — to believe that you can make a difference; to hitch your wagon to something bigger than yourselves.

Let me tell you, this generation coming up — unselfish, altruistic, creative, patriotic — I’ve seen you in every corner of the country. You believe in a fair, and just, and inclusive America; you know that constant change has been America’s hallmark, that it’s not something to fear but something to embrace, you are willing to carry this hard work of democracy forward. You’ll soon outnumber any of us, and I believe as a result the future is in good hands.

—These are defiantly positive statements to make as Donald Trump prepared to take office. Obama wants to counter the idea that there will no longer be a place in the country for those who did not support Trump, and encourage them to continue to push for the positive change that is the work of improving our democracy by extending and strengthening it, even as proponents of the negative change that is the work of narrowing and destroying our democracy look forward to having the upper hand.

My fellow Americans, it has been the honor of my life to serve you. I won’t stop; in fact, I will be right there with you, as a citizen, for all my remaining days. But for now, whether you are young or whether you’re young at heart, I do have one final ask of you as your president — the same thing I asked when you took a chance on me eight years ago.

I am asking you to believe. Not in my ability to bring about change — but in yours.

I am asking you to hold fast to that faith written into our founding documents; that idea whispered by slaves and abolitionists; that spirit sung by immigrants and homesteaders and those who marched for justice; that creed reaffirmed by those who planted flags from foreign battlefields to the surface of the moon; a creed at the core of every American whose story is not yet written:

Yes, we can.

Yes, we did.

Yes, we can.

Thank you. God bless you. And may God continue to bless the United States of America. Thank you.

Next time: thoughts on how to live Obama’s optimism.

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Obama’s Farewell Speech: If only Washington hadn’t been so right

Posted on April 6, 2017. Filed under: American history, Politics, U.S. Constitution | Tags: , , , |

On we go at last with our close reading of the Obama farewell speech, despite our temptation to address the latest violation of our Constitution re moves to end the right of judicial filibuster.

Our transcript source is now The New York Times, since the Trump Administration removing the transcript from its location at whitehouse.gov/farewell. Along with pages on LGBT rights, climate change, health care, and civil rights.

We left off with this statement: “And increasingly we become so secure in our bubbles that we start accepting only information, whether it’s true or not, that fits our opinions, instead of basing our opinions on the evidence that is out there.” We pick up from there:

And this trend represents a third threat to our democracy. Look, politics is a battle of ideas. That’s how our democracy was designed. In the course of a healthy debate, we prioritize different goals, and the different means of reaching them. But without some common baseline of facts, without a willingness to admit new information and concede that your opponent might be making a fair point, and that science and reason matter, then we’re going to keep talking past each other.

(CROWD CHEERS)

And we’ll make common ground and compromise impossible. And isn’t that part of what so often makes politics dispiriting? How can elected officials rage about deficits when we propose to spend money on pre-school for kids, but not when we’re cutting taxes for corporations?

How do we excuse ethical lapses in our own party, but pounce when the other party does the same thing? It’s not just dishonest, it’s selective sorting of the facts. It’s self-defeating because, as my mom used to tell me, reality has a way of catching up with you.

—“A common baseline of facts”; we find that even in the short time since Obama’s farewell we have experienced many people lobbying harder than we could have believed possible to deny, denigrate, and destroy that foundation of rational society. “Fake news” has become the most used phrase in America, to our detriment, because it just doesn’t make sense. If something is untrue/a lie, it’s not news at all. There aren’t two kinds of news, the real and the fake. There is news of real events and lies/rumors of fake events. But we have been worked on so diligently by anti-democratic people that we seem now to accept that news itself is somehow suspect, and those anti-democratic people slander the truth as “fake news”, which is such a big leap into some dystopia from a YA novel that we can’t quite believe it’s happening, but it is.

Take the challenge of climate change. In just eight years we’ve halved our dependence on foreign oil, we’ve doubled our renewable energy, we’ve led the world to an agreement that (at) the promise to save this planet.

(APPLAUSE)

But without bolder action, our children won’t have time to debate the existence of climate change. They’ll be busy dealing with its effects. More environmental disasters, more economic disruptions, waves of climate refugees seeking sanctuary. Now we can and should argue about the best approach to solve the problem. But to simply deny the problem not only betrays future generations, it betrays the essential spirit of this country, the essential spirit of innovation and practical problem-solving that guided our founders.

—It’s amazing what ancient history this seems like just a few months later, as the Trump Administration has begun the process of undoing all of the climate change prevention measures the Obama Administration put in place, and has actually forbidden government agencies to use the term “climate change” in any written or oral communication. This is such a big leap into dystopia that it moves beyond YA to 1984, but it’s also happening. We will indeed be “busy dealing with its effects” even if we don’t say the words “climate change.”

It is that spirit — it is that spirit born of the enlightenment that made us an economic powerhouse. The spirit that took flight at Kitty Hawk and Cape Canaveral, the spirit that cures disease and put a computer in every pocket, it’s that spirit. A faith in reason and enterprise, and the primacy of right over might, that allowed us to resist the lure of fascism and tyranny during the Great Depression, that allowed us to build a post-World War II order with other democracies.

An order based not just on military power or national affiliations, but built on principles, the rule of law, human rights, freedom of religion and speech and assembly and an independent press.

—The “spirit” is that of “innovation and practical problem-solving” and it is indeed beholden to the Enlightenment; faith in reason and primacy of right over might, rule of law, human rights, and an independent press are what made the United States a great nation. Those are the principles enshrined in the Constitution.

(APPLAUSE)

That order is now being challenged. First by violent fanatics who claim to speak for Islam. More recently by autocrats in foreign capitals who seek free markets in open democracies and civil society itself as a threat to their power.

The peril each poses to our democracy is more far reaching than a car bomb or a missile. They represent the fear of change. The fear of people who look or speak or pray differently. A contempt for the rule of law that holds leaders accountable. An intolerance of dissent and free thought. A belief that the sword or the gun or the bomb or the propaganda machine is the ultimate arbiter of what’s true and what’s right.

Because of the extraordinary courage of our men and women in uniform. Because of our intelligence officers and law enforcement and diplomats who support our troops…

(APPLAUSE)

… no foreign terrorist organization has successfully planned and executed an attack on our homeland these past eight years.

—Sadly, that Enlightenment order we call the American Way is being challenged by Americans who are not Muslim or immigrants or “suspicious” in any other way. Freedom is being attacked by mainstream Americans who see it as standing in the way of their power. Our federal government is being dismantled, and what is left is being honed to serve individual profit. We are being turned against each other in the interest of people who will gain by our division.

We are, in short, seeing what George Washington warned us about most passionately and directly in his 1796 Farewell Address: treachery from within. Let’s turn to the first Farewell Address in American history, which seems as if it was written expressly for us in 2017 (we did the bolding):

The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you should cherish a cordial, habitual, and immovable attachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts.

—That is, you love your democracy and your democratic government, and you should. But remember that it is a painfully new idea, and there are going to be many people—outside the U.S. and even within it, your fellow citizens—who don’t believe it will really work. They will try to tear it down, and tell you you’re crazy, and get you to go back to the old ways. You’ve got to remember that being united under your unique government is your greatest treasure. Forget the things that make you different, like religion or customs and focus on what you have in common, what you share that no other people on earth share: a democratic government of the people, for the people, and by the people.

That was Washington’s message. We’ll continue on with Obama’s next time.

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Obstruction or democracy?

Posted on March 27, 2017. Filed under: Bill of Rights, Civil Rights, Politics, U.S. Constitution | Tags: , , , , , , , |

We keep hearing TV broadcasters asking Democratic members of Congress whether their attempts to rebut the Trump Administration’s platform isn’t just the same sort of obstructionism that Republicans were accused of during the Obama Administration.

In a discussion about whether Supreme Court nominee Neil Gorsuch’s confirmation would be blocked by Democrats who a) were skeptical of his record and b) were protesting the Republicans’ refusal to give President Obama’s candidate Merrick Garland a hearing, a Democratic member of Congress was asked, “Isn’t that the same sort of obstruction of justice Democrats accused the Republicans of when they wouldn’t allow Merrick Garland a hearing?”

In interviews about blocking the Republican alternative to the American Health Care Act, Democrats are repeatedly asked whether their efforts aren’t just like the Republicans voting over and over to repeal the Affordable Health Care Act.

And discussions of the travel ban on seven Muslim nations have gone the same way: “aren’t you just obstructing anything the new president wants to do?”

The list goes on. We want to just step in to say no, it’s not obstructionist to stand up for democracy, liberty, and justice for all. Those Republicans who wanted to block expanded health care, a Democratic president’s Supreme Court Justice, and our Constitution’s ban on creating religious tests were all engaged in anti-American, anti-democratic harm. Those Democrats who are now trying to block reduced health care, the fantasy that the Constitution says a President can’t nominate a new Justice in an election year, and religious discrimination are engaged in pro-American, pro-democratic good.

It’s not just member of Congress of course; college students protesting the invitation of speakers to their campuses who promote discrimination and practice hate speech have also been accused of violating the First Amendment by denying those speakers their freedom of speech. But not all speech is protected, and hate speech is certainly not. Refusing to treat someone who promotes discrimination differently than someone who does not is not protecting fairness and equality, it’s protecting hate speech, and saying it’s no different than other speech in the guise of protecting, somehow, “diversity”.

As Kate Knibbs says, “The phrase ‘ideological diversity’ is a Trojan horse designed to help bring disparaged thought onto campuses, to the media, and into vogue. It is code for granting fringe right-wing thought more credence in communities that typically reject it, and nothing more.”

Let’s not let those who would violate our Constitution tell us that by standing up for it we are being obstructionist.

Next time: back–yes, back after all–to Obama’s farewell address.

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The Constitution does not protect freedom of religion

Posted on March 9, 2017. Filed under: Bill of Rights, U.S. Constitution | Tags: , , , , , , , |

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

We all recognize this as the text of the First Amendment of the Constitution. Most of us put it into our own words as “the First Amendment protects freedom of religion.” But it does not. It protects freedom of worship, which is very different.

What the First Amendment does regarding religion is: first, it forbids our federal legislature from making any laws creating an official state religion; second, it forbids our federal legislature from preventing people from worshipping as they see fit. That’s what “free exercise” means—how you worship. Whether you go to a church, synagogue, mosque, or have a prayer room in your home, you are protected. If you wear a head covering like a yarmulke or turban as a form of worship, you are protected.

The First Amendment is all about physical forms of religious worship. It comes from a time when people would burn Catholic churches or refuse to let Jewish Americans build synagogues. It stops this, and stops schools from forbidding students to wear religious clothing.

It does not protect religion itself, or as we usually put it, religious belief. It does not protect anyone’s right to believe certain things. If one’s religion prohibits homosexuality or birth control, that is a belief, not a form of worship. Belief is not protected because belief is so amorphous. One could claim any crazy notion as a religious belief and demand that it be protected. We could say that our religion says women shouldn’t ride public transportation, or men should not be allowed to use public showers, or cats can’t be kept as pets, and we would have to be accommodated.

The Founders were wise enough not to get into religious belief. They just made a safe space for public and private physical worship.

We were glad to hear someone get this in a radio interview last week. The article starts badly, with the author saying

The question under current debate is what it means to “exercise” one’s religion.

If a football coach is not allowed to lead his team in a public prayer, or a high school valedictorian is not given permission to read a Bible passage for her graduation speech, or the owner of a private chapel is told he cannot refuse to accommodate a same-sex wedding, they might claim their religious freedom has been infringed.

The first two examples are clearly not worship. They are expressions of religious belief. Only the latter is worship, concerning what happens in a house of worship. The article continues:

One of the thorniest cases involves Catholic Charities, whose agencies long have provided adoption and foster care services to children in need, including orphans. Under Catholic doctrine, the sacrament of marriage is defined as the union of a man and a woman, and Catholic adoption agencies therefore have declined to place children with same-sex couples.

Again, doctrine is belief, not worship. Marriage being between a man and woman only is a belief, not a form of worship. Doctrine cannot be protected by our federal government. The article talks many times about “freedom of religion” clashing with “freedom from discrimination”, and that’s why: when you enforce belief, you enforce discrimination because belief can reach out beyond a religion to impact others while worship can’t. Put it this way: there’s no form of Catholic worship that impacts non-Catholics because non-Catholics aren’t in Catholic churches trying to worship. But there are forms of Catholic belief that impact non-Catholics, because non-Catholics will be impacted by them without ever setting foot in a church. Gay non-Catholics will be discriminated against by anti-gay Catholics if being anti-gay (a belief) is enshrined as a form of worship, and thus given protection by the First Amendment.

“Exercising” one’s religion means worship, plain and simple, and exclusively. It’s a literal word: you exercise (move)  yourself physically to do something to worship God.

So Charles Haynes, director of the Religious Freedom Center at the Newseum Institute in Washington, is completely wrong to say “We may not like the claim of conscience, but you know, we don’t judge claims of conscience on whether we like the content of the claim. We are trying to protect the right of people to do what they feel they must do according to their God. That is a very high value.”

Americans may have a “right” to do “what they feel they must do according to their God”, but only when it comes to forms of worship. One political charter, like the Constitution, could not possibly protect all “values” and all “feelings” about what is right, because they will naturally conflict. And the Constitution does not deal in feelings, but in political rights.

Now here’s where the article gets good:

…Bishop Michael Curry, leader of the Episcopal Church in the United States, said he has witnessed the persecution of Christians in other parts of the world and doesn’t see anything comparable in the United States.

“I’m not worried about my religious freedom,” Curry said. “I get up and go to church on Sunday morning, ain’t nobody stopping me. My freedom to worship is protected in this country, and that’s not going to get taken away. I have been in places where that’s been infringed. That’s not what we’re talking about.”

Curry’s reference only to “freedom to worship,” however, missed the point, according to some religious freedom advocates. They say they want the freedom to exercise their faith every day of the week, wherever they are — even if it means occasionally challenging the principle of absolute equality for all.

“We can’t use equality to just wipe out one of the [First Amendment] rights,” Carlson-Thies says, “or say you can have the right, as long as you just exercise it in church, but not out in life.”

Bishop Curry gets it! He realizes that “worship”—getting up and going to church and not being stopped—is what is protected. “My freedom to worship is protected in this country”; that is correct. We were really gratified to hear him say this.

Then to have his opponents say that having “only” freedom of worship isn’t good enough is very telling, because they come right out and say they want freedom of belief—if only for themselves. They want to “exercise their faith every day of the week”? They have that right in the Constitution. What they really want is to “challenge the principle of absolute equality for all”; that is, they only want freedom of belief for themselves. Anyone whose beliefs clash with theirs should be shut down.

To say as Carlson-Thies does, that “equality wipes out rights” would be laughable if it weren’t so dire an example of double-speak destroying our democracy. Equality is “rights”. They are one thing. Our guaranteed equal rights give us… well, equality. How can guaranteeing everyone’s equal rights destroy equality?

His final statement tells us the truth: he wants to get rid of freedom of worship (“in church”) and put in freedom of belief (“in life”). But only for himself, and his beliefs. All others that clash with his would have to be discriminated against.

We need more Currys in this country, who understand that no democratic government committed to equality of opportunity can protect freedom of belief because that is the opposite of democracy. It is anarchy. Beliefs will always clash. The federal government cannot uphold any one set of beliefs over another. If equality feels like oppression to some people, we need to help them resolve that struggle. That’s the American way.

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Race and the “hardworking middle class”: Obama’s Farewell Address

Posted on February 20, 2017. Filed under: Economics, Politics, U.S. Constitution | Tags: , , , , , , |

Hello and welcome to post four in our close reading of President Obama’s farewell speech, now available at The New York Times since it has been ousted from whitehouse.gov. We left off in our last post promising to get to President Obama’s frank address of race, so let’s begin.

There’s a second threat to our democracy. And this one is as old as our nation itself.

After my election there was talk of a post-racial America. And such a vision, however well intended, was never realistic. Race remains a potent…

(APPLAUSE)

… and often divisive force in our society.

Now I’ve lived long enough to know that race relations are better than they were 10 or 20 or 30 years ago, no matter what some folks say.

(APPLAUSE)

You can see it not just in statistics. You see it in the attitudes of young Americans across the political spectrum. But we’re not where we need to be. And all of us have more work to do.

—The last comment is important. Older members of the HP who describe their childhoods in the 1970s to teenager today may as well be talking about another planet. While it’s true that hidden racism is no better than outright racism, it’s easy to forget what outright racism represents: a consensus that there’s nothing wrong with it. Overt racism is a sign that people feel comfortable expressing racism; they don’t expect anyone to challenge or reproach them. In America 50 years ago, it was okay to be openly, outrageously racist. In America today, it isn’t, because those 50 years were spent stripping away the social justifications of and legal supports for racism. The biological arguments for racism, the “oh come on, it’s just a joke” arguments for racism, the “this is the way it’s always been” arguments, the “this is how God intended” arguments—all were at last relentlessly, righteously assaulted as the nation pushed to live up to its mandate of liberty and justice for all.

But, as the president says, that doesn’t mean racism ended. Racism will never end. It’s part of human nature. And that means the fight against racism must never end. We have to rise above our nature. All of us will always have more work to do, but if we do it, we will get closer to being free of racism, as close as it is possible to come. We cannot afford to have the work of the last 50 years undone by anti-Americans who want to go back to the old days. Their mythical view of an all-white America that was happy and strong and rich would be laughable if it weren’t so dangerous to this nation.

If every economic issue is framed as a struggle between a hardworking white middle class and an undeserving minority, then workers of all shades are going to be left fighting for scraps while the wealthy withdraw further into their private enclaves.

—This single sentence says so much. Here the president is frank about how neo-conservatives and white supremacist/fascists do indeed frame every economic issue. This began with Reagan. His 1984 “Morning again in America” ad (you can find it easily on YouTube) was 90 seconds of showing only white Americans while a voiceover talked about hardworking people buying houses and getting married and thriving. (Yes, for exactly two seconds a black and a Latino child are shown watching an American flag being raised. But apparently when they grow up these non-white children will not contribute to America’s wealth, strength, and happiness.) Since then, “hardworking” and “middle-class” have come to be code words for “white” and “native-born”. Anyone who isn’t hardworking and middle-class is a non-white criminal. In the last presidential campaign, these ceased to be unspoken codes, as neo-conservatives and fascists and other Trump supporters applauded his description of Mexicans, Muslims, and other non-white immigrants as criminals, and stood by Trump’s refusal to call the KKK a hate/terrorist/white supremacist group.

If we’re unwilling to invest in the children of immigrants, just because they don’t look like us, we will diminish the prospects of our own children — because those brown kids will represent a larger and larger share of America’s workforce.

(APPLAUSE)

And we have shown that our economy doesn’t have to be a zero-sum game. Last year, incomes rose for all races, all age groups, for men and for women.

So if we’re going to be serious about race going forward, we need to uphold laws against discrimination — in hiring, and in housing, and in education, and in the criminal justice system.

That is what our Constitution and highest ideals require.

—A loud minority of Americans want a zero-sum game. They feel that any and every advance by people unlike them (non-white, immigrant) comes only at their expense. If anyone else wins, it’s because they lose. That’s why they want to repeal laws against discrimination, ironically by claiming those laws discriminate against whites/white men/native-born white Americans. These people are Americans in name only, as they would violate our Constitution to enrich and (so they think) protect themselves.

But laws alone won’t be enough. Hearts must change. It won’t change overnight. Social attitudes oftentimes take generations to change. But if our democracy is to work the way it should in this increasingly diverse nation, then each one of us need to try to heed the advice of a great character in American fiction, Atticus Finch, who said “You never really understand a person until you consider things from his point of view, until you climb into his skin and walk around in it.”

For blacks and other minority groups, that means tying our own very real struggles for justice to the challenges that a lot of people in this country face. Not only the refugee or the immigrant or the rural poor or the transgender American, but also the middle-aged white guy who from the outside may seem like he’s got all the advantages, but has seen his world upended by economic, and cultural, and technological change.

We have to pay attention and listen.

—It’s hard to feel a lot of compassion for white men in western society. They still have every advantage when it comes to being educated, hired, well-paid, catered to politically, and identified as the “average person”. White men do still have all the advantages, even after 50 years of economic, cultural, and technological change. Again, it’s the zero-sum mentality at work: any change for white men is seen as an alarm bell that the God-ordained proper world order is being destroyed. Not all white men feel this way. But the ones who do should only be paid attention and listened to as part of an effort to re-educate them to be Americans.

For white Americans, it means acknowledging that the effects of slavery and Jim Crow didn’t suddenly vanish in the ’60s; that when minority groups voice discontent, they’re not just engaging in reverse racism or practicing political correctness; when they wage peaceful protest, they’re not demanding special treatment, but the equal treatment that our founders promised.

(APPLAUSE)

For native-born Americans, it means reminding ourselves that the stereotypes about immigrants today were said, almost word for word, about the Irish, and Italians, and Poles, who it was said were going to destroy the fundamental character of America. And as it turned out, America wasn’t weakened by the presence of these newcomers; these newcomers embraced this nation’s creed, and this nation was strengthened.

(APPLAUSE)

So regardless of the station we occupy; we all have to try harder; we all have to start with the premise that each of our fellow citizens loves this country just as much as we do; that they value hard work and family just like we do; that their children are just as curious and hopeful and worthy of love as our own.

(APPLAUSE) (CHEERING)

And that’s not easy to do. For too many of us it’s become safer to retreat into our own bubbles, whether in our neighborhoods, or on college campuses, or places of worship, or especially our social media feeds, surrounded by people who look like us and share the same political outlook and never challenge our assumptions. In the rise of naked partisanship and increasing economic and regional stratification, the splintering of our media into a channel for every taste, all this makes this great sorting seem natural, even inevitable.

And increasingly we become so secure in our bubbles that we start accepting only information, whether it’s true or not, that fits our opinions, instead of basing our opinions on the evidence that is out there.

—Bubbles have always existed. They’re not the product of social media. Newspapers in the 19th and early 20th centuries in America were always firmly ideological—Republican or Democrat, nativist or pro-immigrant, for blacks or for whites or for Jewish people, etc. But the harm of bubbles is intensified by social media. Now we don’t even have to know that we are buying “our” paper for “our” people; we can go online to a site that pretends to be objective while it peddles ridiculous and harmful, divisive and undemocratic opinions, or, more and more often, lies. People become used to arguing with other people only when they leave those social media bubbles, not within them, and the right to argue a point is confused with the right to win an argument. It’s enough to make one wonder whether the “information wants to be free” movement that destroyed paid journalism was an anti-democratic plot after all…

Next time: the third threat to American democracy

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Who has ultimate authority: the president or the courts?

Posted on February 9, 2017. Filed under: Truth v. Myth, U.S. Constitution | Tags: , , , , , , |

A simple question, being asked by many Americans as the courts deliberate over the president’s travel ban, that alarms us to the core. This is basic three-branches-of-government data. We should all have learned this in grade school. But since civics education has been eliminated in our schools, most Americans seem to lack the most basic understanding of how our government works.

And that’s so dangerous. It allows people to believe the president when he says the courts are traitorous and should just do as he says “because it’s right”.

We’re rerunning our post on this issue in hopes of answering that simple and fatal question for America. We originally ran it nearly a decade ago, in the context of state supreme courts ruling on gay marriage. Every time you read “the legislature” below, sub in “the executive”, that is, the president, and it addresses the issue with Trump today. Sub in “tyranny of the president” for “tyranny of the majority”, and you are also on track.

 

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 judicial branch exists to review laws, acts, and executive orders to ensure that they are constitutional. If those laws, acts, and executive orders are not constitutional the courts must overturn them. This allows the judiciary to preserve our democracy in a crucial way—stopping tyranny of the majority.

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, through their members of Congress, 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.

We 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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