The States’ Rights Court.

Now that the Supreme Court of the United States has ruled on three highly controversial cases, it seems that the decisions all have one thing in common – a desire to protect states’ rights. Even though the justices behind the majority opinions changed from one case to another, the Court showed a willingness to defer, when possible, to the states.

In the case of the VRA (Voting Rights Act), it seems that the majority believes that the VRA is an intrusion on the affected states. In voiding the criteria for pre-clearance of changes in voting laws in states that have a history of discriminating against minorities, the Court challenged Congress to create new criteria that reflect today’s political environment.

Disregarding the fact that the VRA has been a target of John Roberts since 1980, the majority opinion seems to be a win for those who believe in states’ rights. Unfortunately, on the issue of voting rights, many of our states have demonstrated that they can’t be trusted to protect the voting rights of minorities. In states like Alabama and Texas, the ink on the Court’s opinion wasn’t dry before Republican legislators introduced new efforts to suppress minority votes. Indeed, the Republican Party has been trying to suppress minority votes across the country.

If the Court was serious about protecting voting rights, it would have subjected all states to pre-clearance of changes in voting laws. It most certainly wouldn’t have passed responsibility along to our dysfunctional Congress.

In the cases of Prop 8 and DOMA, a different majority of the Court ruled. But the outcome was much the same.

On Prop 8, the Court ruled that, since the State of California chose not to defend the constitutionality of its own law in court, surrogates could not. On DOMA, the majority ruled that the legality of gay marriage is up to individual states, and it ruled that the federal government cannot deny benefits to gay couples who have been legally married.

As you can see, both of these rulings also seem to support states’ rights.

If the Roberts Court is so committed to protecting states’ rights over the federal government, a position most famously attributed to Thomas Jefferson, the justices would be wise to remember what Jefferson wrote in defense of separation of Church and State: “The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbour to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.”

The same reasoning would be well applied to all civil rights. To paraphrase: The right of other citizens to vote, or to marry whom they choose, does me no injury. It neither picks my pocket nor breaks my leg.

The South Will Rise Again!

The Supreme Court’s 5-4 decision to shoot down sections of the Voting Rights Act may be one giant step backward in our nation’s centuries-long fight for equality and civil rights. It also represents an unprecedented power grab by the Court.

The Voting Rights Act was passed by Congress and signed into law by President Lyndon Johnson to prevent widespread voter suppression throughout the South. The law required offending states to obtain pre-clearance by the DOJ (Department of Justice) for changes in voting laws, including any attempts at redistricting aimed at marginalizing the minority vote. For years, this mandate has not only helped African-Americans and Latinos vote, it has helped them get the representation they deserve.

Yet, despite the law, states have never stopped trying to block minority votes.

For example, just last year, the DOJ prevented Houston, Texas from reducing voting centers from 84 to just 12. The plan was to eliminate voting centers in predominately African-American areas of the city. And last year, Teapublican-controlled legislatures throughout the country imposed strict new voter ID laws aimed at reducing minority voter turnout for President Obama. They also drastically reduced polling hours in some states, forcing minorities to stand in line up to 6 hours in order to vote.

All of this has been done under the guise of “vote integrity” to prevent felons and undocumented immigrants from voting, despite the fact there is absolutely no evidence of such illegal voting.

In gutting the Voting Rights Act, which was renewed by Congress in 2006 with near unanimous support, the Court has, in essence, overruled Congress. And, by stating that it is now up to Congress to come up with a new and more equitable way to enforce voting rights, it has given Congress a task the Teapublican-controlled House and the filibuster-prone Senate are clearly not capable of handling.

As a result, racists in Congress and in legislatures throughout the nation, particularly in the Old South and in Arizona, will feel free to run amok again. If you doubt this, all you have to do is to look at the way Teapublicans have pushed through Voter ID laws and anti-abortion laws with an array of bullying tactics and parliamentary tricks.

It’s Difficult To Disprove A Negative.

Whenever someone accuses the government of a scandal, it’s almost impossible to disprove it. That’s because the accusation makes headlines. The truth doesn’t.

Nobody understands this principle better than Teapublicans.

When Bill Clinton was elected to the White House, he was forced to disprove a constant wave of scandals created by the GOP. Now it’s President Obama’s turn. That’s why we’ve seen a flurry of scandalous accusations about Fast & Furious, drones, Benghazi, the IRS, and NSA.

The headlines have been damning – based on outrageous claims by Rep. Darrell Issa, Sen. Lindsey Graham, Speaker John Boehner, Sen. Mitch McConnell and others. The truth has been less interesting.

For example, Issa made claims that Fast & Furious was a large scale gun-running operation overseen by Attorney General Eric Holder. The reality is that it was a small localized operation by a unit of the ATFE frustrated by Arizona’s lax gun laws and the inability to prosecute straw buyers.

Issa and others made the sensational claim that the president and former Secretary of State Hillary Clinton ignored the danger to diplomats in Libya then covered up their failures. The reality is that Ambassador Stevens twice rejected increased security and the talking points released by Susan Rice were crafted by the CIA and mid-level State Dept. officials.

Teapublicans claim that IRS scrutiny of Tea Party organizations seeking nonprofit status was orchestrated by the White House and President Obama. The truth is, the IRS director was a Bush appointee and, according to testimony by an IRS supervisor in charge (who is, incidentally, a self-described conservative Republican), the scrutiny of Tea Party groups was not ordered by the administration and was not politically motivated.

Teapublicans and many Democrats claim that NSA collection of data demonstrates that President Obama is an authoritarian fascist operating in defiance of the 4th amendment of the Constitution. The truth is, the NSA program began immediately following 9/11 and the Obama administration reigned it in, eliminating warrantless wiretaps and clearing the collection of data through the FISA court and Congress. Interestingly, the people of Europe were aware of our program long before Snowden’s revelations and the overwhelming majority approve of it.

All of this proves that, now that our press is driven by ratings and sensationalism rather than a desire to inform, unscrupulous politicians can take advantage of it. And no politicians are more unscrupulous than today’s Republican Party.

Scandalrama!

As the Teapublican House, led by witch-hunter-in-chief, Darrell Issa, looks under every rug and in every nook and cranny for dirt on Fast & Furious, Benghazi, Tea Party applications for non-profit status, the NSA, and anything else that can be used as a hammer against the Obama administration, the real work of Congress languishes.

The House still has not resolved the federal budget and the debt ceiling. It has not yet brought sanity to the nonsensical sequester cuts. It has not proposed a single bill to create jobs and lower unemployment. It has not proposed a bill to rebuild and modernize our infrastructure. It has not yet passed a bill to reduce or eliminate the waiting time for veterans’ benefits. It has not yet passed an immigration bill.

The House has not considered tax reform to eliminate loopholes that would prevent multinational corporations to stash cash in offshore tax havens. It has not passed a bill to end the senseless gun violence. It has not passed a bill to close loopholes in background checks or to control the straw buyers who provide guns to gangs and drug cartels. It hasn’t even proposed a solution for climate change caused by increasing CO2 emissions.

Teapublican congressional representatives have largely ignored all substantive issues. Instead, they have focused on trumped-up “scandals,” the repeal of “Obamacare” and a myriad of restrictive social issues all revolving around women’s vaginas. As always, they seem fascinated by the “evils” of sexual orientation and the rights of the unborn.

Meanwhile, they ignore the rights and the needs of the already living.

Post Racial America?

On the anniversary of the murder of civil rights leader, Medgar Evers, his wife, Myrlie Evers-Williams, was interviewed on Politics Nation with Rev. Al Sharpton. Although acknowledging that much has changed since that day 50 years ago, Myrlie Evers-Williams said, “Jim Crow is still alive and it’s dressed in a Brooks Brothers suit, instead of a white robe.”

I believe that statement to be all too true.

Despite the fact that we have a president of African-American heritage, there are still racist attacks. As pointed out by Evers-Williams, on the night that President Obama was re-elected, there was rioting on the University of Mississippi campus. Across the country, Tea Party rallies have displayed racist representations of President Obama along with the battle flag of the Confederate States of America. Teapublican-dominated legislatures have put in place voter ID laws designed to suppress minority votes. African-Americans are arrested at a rate many times that of white Americans for drug use. As a result, our prisons are over-flowing with minorities. Teapublican politicians are determined to cut off funding for Planned Parenthood, which is often the only medical provider in minority neighborhoods. And African-Americans are still arrested for “driving while black” in some cities and neighborhoods.

Post racial? I don’t think so.

Certainly, we have come a very long way since June 12, 1963. But we have a very long way to go until we have ended racism in the United States.

A Warning To Democrats:

From recent polls showing, among other things, that 13% of Americans believe the president is actually the Antichrist, you may correctly assume that the Republican Party is full of a bunch of crackpots (aka the Tea Party). You may rightly believe that the GOP platform is akin to something coming out of the north end of a southbound bull. You may also believe that Americans will figure this out and hand the next election to Democrats.

On the last point, you are most likely wrong!

You assume that most Americans actually follow the news and politics. (They don’t.) You assume the media will expose Teapublican ideas for what they really are. (They won’t.) You assume that voters will realize the superiority of Democratic ideas. (Unlikely.) And you assume that minorities, most especially Latinos, will recognize that Democrats best represent their interests. (Not necessarily.)

Too many Democrats are content to allow Teapublicans to define the Democratic Party and Democratic principles.

We cannot sit back and expect independents, union members and minorities to turn the country blue. All across the country, the GOP is hard at work trying to rewrite voting laws to ensure control of the House and the Senate in 2014, and the White House in 2016.

Even though the Great Recession was caused by Republican infatuation with deregulation, and even though our slow economic recovery is the result of Teapublican abuse of the filibuster and a refusal to compromise, it’s all too likely that voters will hold the White House accountable.

Democrats need to be working to register voters, working to fight voter suppression, working to fight gerrymandering, and working to fight attempts to change the Electoral College. We need to refine our message to make it clear that Democrats support fiscal responsibility, real job growth and the interests of all working people. Also, it wouldn’t hurt for Democrats to make it abundantly clear that we better adhere to the actual teachings of Christ; to show compassion for the poor and powerless; to resist the temptation of greed; to resist the calls for war.

That’s not a religious message. That’s a philosophy that has been largely abandoned by those who claim to be followers. And it’s a philosophy that is appealing to the largest portion of our population.

Democrats also need to make it clear what GOP stands for – Guardians Of Privilege. The GOP supports ever larger tax cuts for the rich and obscene profits for multinational corporations, along with diminished salaries for working people. These GOPstoppers have shown that they are against civil rights, women’s rights and religious freedom. While decrying big government, they want to enforce their own brand of “values” in the bedroom and every other aspect of our society.

Democrats, we’re at a critical juncture. Even if you reject this message, you must understand that we are now in a perpetual campaign cycle. We can’t afford to wait.

Creating A Separate Justice System For Terrorism Is A Very Slippery Slope.

Some Teapublican leaders are calling for Dzhokhar Tsarnaev to be treated as an “enemy combatant”, removing him from our traditional justice system and subjecting him to a military tribunal. Although this may be tempting to some, it is the slipperiest of slippery slopes.

Tsarnaev is an American citizen. He has the same right to a trial by jury as other accused terrorists and murderers, such as Timothy McVeigh and Jared Loughner. To treat him otherwise is to say that some American citizens are worthy of trial by a jury of their peers, and that other American citizens are undeserving of their constitutional rights.

This is the ultimate class warfare.

If we are to start down that path with Tsarnaev, where do we stop? Should all those accused of mass murder be denied a jury trial? Should jury trials be reserved only for natural born citizens? Should all naturalized citizens accused of crimes be turned over to the military?

The very act of declaring Tsarnaev an “enemy combatant” would undermine the bedrock of our justice system – that all citizens are equal, and that all citizens are innocent until proven guilty.

Iron Lady With A Tin Heart.

Since the death of former Prime Minister Margaret Thatcher, conservatives have nearly deified her in the same way they did Ronald Reagan. She’s credited with everything from helping to end the Cold War to single-handedly saving the British economy.

Certainly, she broke the glass ceiling through perserverance and determination. For that she deserves respect. But the rest of her legacy is far less certain.

Thatcher did everything in her considerable power to bust labor unions. She supported apartheid leaders in South Africa, calling Nelson Mandela a “terrorist.”  She refused to negotiate with the Irish Republican Army. She led her nation to war with Argentina in the Falkland Islands in order to defend the last remnant of the British Empire. Her decision to introduce a poll tax caused riots in Scotland, eventually leading to Scotland’s liberation movement. Her supply-side, free market economy suppressed inflation by suppressing salaries for workers. And she maintained cozy relationships with some of the world’s worst dictators.

Now, I understand the media’s hesitation to speak badly of the recently departed, especially of someone who was an ally. But the media does everyone a disservice by glorifying the good accomplished by Thatcher, and ignoring all of the bad.

The United States Of Crazy!

A recent survey by Public Policy Polling found that 13 percent of Americans actually think President Obama is the antichrist. An additional 13 percent are unsure.

The same survey found that 37 percent of Americans believe global warming is a hoax, while another 12 percent are unsure. The survey also found that 28 percent of Americans believe in the New World Order conspiracy. (The Black Helicopters are coming! The Black Helicopters are coming!). Yet another 25 percent think it’s possible,

If that news isn’t depressing enough, a 2011 Fox News poll found that 24 percent of voters believe our president is not even an American citizen. A stunning 72 percent of Tea Party Republicans and 63 percent of all Republicans thought there was cause to wonder about his birthplace!

Further, a new HuffPost/YouGov poll shows that 32 percent of Americans would favor a constitutional amendment making Christianity the official religion of the United States. An even larger 34 percent would favor establishing Christianity as the official religion of their state. Even though the First Amendment of the Constitution clearly states, “Congress shall make no law respecting an establishment of religion…” these people seem to believe the Founders intended the US to be a Christian nation.

They apparently assume the Founders simply meant that there should be no establishment of any specific denomination of Christianity despite the fact that some of the Founders were deists and atheists. Many of these same clairvoyants have convinced themselves that the Founders also intended for individual Americans to own all forms of armament ranging from assault weapons to howitzers.

Except for the large numbers of crackpots, none of this is particularly surprising. The US is home to all sorts of crazy.

There are significant numbers of Americans who believe in unfounded conspiracies, such as the Agenda 21 conspiracy, the “truther” conspiracy, the Roswell conspiracy, the FDR-allowed-Pearl-Harbor-to-happen conspiracy, the Obama-is-going-to-take-your-guns conspiracy, the Obama-is-converting-the-US-to-sharia-law conspiracy, etc.

On a more positive note, a new Marist College poll found that 60 percent of Americans think the laws governing firearms sales should be more strict. (After all, who would want to put guns in the hands of the conspiracy nuts.)  59 percent favor a ban on assault weapons with only 37 percent opposing the idea. And 87 percent favor background checks.

Let’s hope those background checks include screenings for nut jobs!

The Constitutional Fight That Never Seems To End.

You may think that the current debate between the Tea Party and Democrats over the role of the federal government is relatively new. It’s not. The debate is as old as the nation itself. Following the Constitutional Convention of 1787, there was an intense debate over the same issue.

Anti-Federalists such as Patrick Henry, Samuel Adams, George Mason and John Hancock were against the Constitution. They feared that a strong federal government would lead to monarchy. They believed that the bulk of the power should rest with the states and saw no value in abandoning the original Articles of Confederation. They feared an independent judiciary and disliked the separation of Church and State.

On the other hand, Federalists such as George Washington, Alexander Hamilton, James Madison and Benjamin Franklin believed the Articles of Confederation were too weak, and that a strong central government was necessary to hold the new nation together and raise the revenue needed to fund military pensions, foreign embassies, etc.

The Federalists won, but the fight has never ended.

One could make a strong case that this very issue led to the Civil War.  The South claimed states’ rights in order to maintain slavery.  And, following the war, former Confederate states complained of oppression by the federal government during Reconstruction, vowing that the South would rise again.

The issue resurfaced following World War II with the John Birch Society.  It was, once again, front and center during the civil rights movement of the 1960’s.

Now the Tea Party is leading the fight.

To support their beliefs, the Tea Party faithful, along with the nitwits on Fox News and talk radio, selectively quote the Founding Fathers in order to convince us that they (the Tea Party) are the true patriots; that they are merely doing as the Founders wanted.

What they neglect to mention is that there are at least as many quotes by Founding Fathers extolling the virtues of a strong federal government.  Moreover, the Constitution itself is evidence that the Federalists prevailed, as the Constitution is the very instrument that created the strong federal government in its current form.

The teabaggers can complain all they want about the federal government being too big and  too powerful.  They really can’t change that without abandoning the Constitution or starting another Civil War.  And we all know how the first one turned out.

If you’d like to learn more about this subject, I highly recommend That’s Not What They Meant!  Reclaiming The Founding Fathers From America’s Right Wing by Michael Austin.