Will It Work?

I have previously made the point that solving our social and political animosities requires an accurate diagnosis of their causes–or at the very least, recognition of the elements of contemporary life that are feeding those animosities.

If, as many sociologists and political scientists believe, the roots of much contemporary discord can be found in the economic inequality that characterizes today’s U.S.–if that inequality provides the fertile soil for the racism and tribalism that are tearing us apart–then efforts to address economic insecurity should substantially ameliorate that discord. 

In one of her daily Letters from an American, Heather Cox Richardson assumes the accuracy of that diagnosis, and notes that the Biden Administration is pursuing policies that should  mitigate some of the worst of our current economic disparities:

Trump and his loyalists feed off Americans who have been dispossessed economically since the Reagan revolution that began in 1981 started the massive redistribution of wealth upward. Those disaffected people, slipping away from the secure middle-class life their parents lived, are the natural supporters of authoritarians who assure them their problems come not from the systems leaders have put in place, but rather from Black people, people of color, and feminist women.

President Joe Biden appears to be trying to combat this dangerous dynamic not by trying to peel disaffected Americans away from Trump and his party by arguing against the former president, but by reducing the pressure on those who support him.

A study from the Niskanen Center think tank shows that the expanded Child Tax Credit, which last month began to put up to $300 per child per month into the bank accounts of most U.S. households with children, will primarily benefit rural Americans and will give a disproportionately large relative boost to their local economies. According to the Washington Post’s Greg Sargent, “the…nine states that will gain the most per capita from the expanded child allowance are all red states.”

Other elements of administration policy should also be ameliorative: the infrastructure bill will bring high-speed internet to every household in the U.S.; it will also provide $3.5 billion intended to reduce energy costs for more than 700,000 low-income households.

Richardson is a historian, and history teaches us that economic distress has often provided an impetus for the surfacing of bigotries that folks are less likely to express in more prosperous times. A number of scholars, for example, have pointed to Germany’s runaway inflation–and national humiliation–in the wake of World War I as one reason for the country’s receptivity to Nazism and willingness to express long-simmering anti-Semitism, and more recent academic literature supports the thesis that that economic scarcity promotes racial animus. 

As an article in Time Magazine reported, numerous studies have demonstrated that economic scarcity influences how people treat those outside of their own social groups. (There is also a “chicken and egg” element to the relationship between economic anxiety and racism–a column in the Washington Post reported on one study that suggested racial resentment may be driving economic anxiety, not the other way around.)

Democrats often bewail the tendency of low-income voters to cast ballots “against their own interests”–a complaint that assumes (I believe incorrectly) that those interests are economic rather than cultural. A somewhat different but related question is whether a significant improvement in the economic situation of low-income Americans will “take the edge off” and moderate the expression of their cultural fears.

The Biden Administration’s policies will go a long way toward answering that question–and America’s future is riding on the result.

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The Fourteenth Amendment

Can you all stand another diatribe about our misunderstood Constitution and its history?

Yale Constitutional scholar Akhil Reed Amar has repeatedly made an important–and largely unrecognized–point about the 14th Amendment. That Amendment, which we now consider part of the Bill of Rights, actually revised–or as he says,”reconstructed”–the original Constitution and Bill of Rights.

When I was teaching, I became acutely aware of how few students understood the impact of the 13th, 14th and 15th Amendments. Few came to class knowing, for example, that prior to the passage of the 14th Amendment (and the subsequent Supreme Court cases applying its terms) the provisions of the Bill of Rights had restrained only the federal government. (State governments could–and did–“establish” religions, for example. Massachusetts didn’t “de-establish” religion until 1833.)

Jonathan Bingham, a Republican (how times have changed!)and “one of America’s forgotten second Founders” who sponsored the 14th Amendment, constantly pointed to the Supreme Court ruling that first eight amendments did not “extend to the states.” In his book The Bill of Rights, Amar quotes Bingham saying “These eight articles I have shown never were limitations upon the power of the states until made so by the 14th Amendment.”

Heather Cox Richardson recently provided historical context for the passage of the 14th Amendment.

In 1865, the Thirteenth Amendment to the Constitution had prohibited slavery on the basis of race, but it did not prevent the establishment of a system in which Black Americans continued to be unequal. Backed by President Andrew Johnson, who had taken over the presidency after an actor had murdered President Abraham Lincoln, white southern Democrats had done their best to push their Black neighbors back into subservience. So long as southern states had abolished enslavement, repudiated Confederate debts, and nullified the ordinances of secession, Johnson was happy to readmit them to full standing in the Union, still led by the very men who had organized the Confederacy and made war on the United States.

Northern Republican lawmakers refused. There was no way they were going to rebuild southern society on the same blueprint as existed before the Civil War, especially since the upcoming 1870 census would count Black Americans as whole persons for the first time in the nation’s history, giving southern states more power in Congress and the Electoral College after the war than they had had before it. Having just fought a war to destroy the South’s ideology, they were not going to let it regrow in peacetime.

Richardson reminds us that, despite passage of the 13th Amendment, emancipated Black Americans in southern states could not vote, testify in court or sit on a jury.

In part, the Fourteenth Amendment was a response to the Dred Scott decision, which had declared that Black men “are not included, and were not intended to be included, under the word ‘citizens’ in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens.” The Fourteenth Amendment rejected that ruling, with specific language stating that  “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

But the Amendment did more than clarify that Black people were citizens.

The amendment also addressed the Dred Scott decision in another profound way. In 1857, southerners and Democrats who were adamantly opposed to federal power controlled the Supreme Court. They backed states’ rights. So the Dred Scott decision did more than read Black Americans out of our history; it dramatically circumscribed Congress’s power.

This was the crux of the “states rights” argument. Under the pre-14th Amendment Constitution, “democracy” was defined by the state–or, as Richardson notes, by those people in a state who were allowed to vote. In other words, white men.

The Fourteenth Amendment gave the federal government the power to protect individuals from state legislative discrimination. It changed the locus of governmental authority in a number of ways, and as we are seeing–as red states send National Guard troops to the border, try to limit federal vaccine efforts, sue repeatedly to overturn the Affordable Care Act, and engage in numerous efforts to circumscribe the ability of the federal government to guarantee equal rights–  that change is still being resisted.

For far too many politicians and jurists, respect for “originalism” is very selective. It stops with ratification of the “original” Constitution in 1788–and ignores everything that has come after, no matter how profoundly what came after altered, limited and/or enlarged what had come before.

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Context And Clarity

One of the great virtues of Heather Cox Richardson’s “Letters from an American” is her ability as a historian to “connect the dots” and provide context to the news of the day. That context often strips away the non-essentials that can confuse us, and provides the clarity so often missing from the reporting that follows our daily headlines.

A recent letter was triggered by Rick Scott’s angry op-ed excoriating the reaction of what he sneeringly called “woke” corporations to the Georgia election bill. Here’s where the history operates to clarify the moment in which we find ourselves:

The ideological faction that is currently in control of the Republican Party grew out of opposition to the active government both Democrats and Republicans embraced after World War II. But since Americans actually liked business regulation, a social safety net, and infrastructure projects, those Movement Conservatives who wanted to take the government back to the 1920s got little traction until 1954, when the Brown v. Board of Education decision enabled them to harness racism to their cause. With federal government efforts to end segregation in the public schools, businessmen who hated government regulation warned voters that their tax dollars were being used to give Black Americans extra benefits. It was socialism, they said, and it would encourage Black people to step out of their place.

This formula worked. Businessmen determined to cut the government bankrolled Movement Conservative candidates, and people determined not to let their tax dollars go to Black or Brown people voted for them. In 1986, Grover Norquist, a former economist for the Chamber of Commerce, brought together business people, evangelicals, and social conservatives. “Traditional Republican business groups can provide the resources,” Norquist explained, “but these groups can provide the votes.”

Richardson points out that the racist and sexist language was initially understated. That allowed supporters–including corporations concerned about their images– to wink at it.  But that was before Trump and his attack on “political correctness”–i.e., civility–brought the racism and sexism out into the open.

In the wake of Georgia’s effort to suppress minority votes and the corporate response, several observers have suggested that we are on the cusp of a realignment that would sever the longstanding relationship between  the GOP and the corporations that have previously supported and funded it. After all, they reason, Republicans may deny the reality of demographic change, but businesses cannot and will not. Corporate America has increasing numbers of minority employees–even in management–and vastly increasing numbers of minority customers. Unlike the GOP, they don’t live in an alternate reality.

It would be very satisfying if Corporate America deserted the Republican Party, but as both Paul Ogden and Richardson point out, small donors are increasingly able to replace any monies that corporations might withhold from GOP candidates.

There is a truism in politics to the effect that voters are more motivated by what they are against than by what they are for. Stirring up anger and bias are, unfortunately, timeless tactics for getting out the vote. With the niceties of “political correctness” stripped away, the departure of most moderates from the party, and the dwindling need to placate corporate and business supporters, today’s GOP is putting all of its electoral eggs in the racism basket.

And as we saw in 2020, there’s a depressingly substantial portion of the electorate responsive to that appeal.

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The Winners Write The History

I get Heather Cox Richardson’s daily letter. Richardson is a history professor, and one of the voices trying to restore accuracy to the largely incomplete lessons we’ve been taught about how and why we find ourselves where we are.

A couple of days ago, her letter made me think of the old adage about history being written by the victors–something that is evidently as true of policy arguments as it is of warfare.

Richardson was reacting to the mass shootings in Boulder and  Atlanta, and she proceeded to lay out a history of gun control in the United States, much of which I had not known.

The Second Amendment to the Constitution is one simple sentence: “A well regulated militia, being necessary for the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” There’s not a lot to go on about what the Framers meant, although in their day, to “bear arms” meant to be part of an organized militia.

As the Tennessee Supreme Court wrote in 1840, “A man in the pursuit of deer, elk, and buffaloes might carry his rifle every day for forty years, and yet it would never be said of him that he had borne arms; much less could it be said that a private citizen bears arms because he has a dirk or pistol concealed under his clothes, or a spear in a cane.”

So how did the “original intent” of the Amendment get twisted into a personal right to own weapons? Evidently, thanks to a similar twisting of the NRA.

The NRA was established in the late 1800s “to improve the marksmanship skills of American citizens who might be called on to fight in another war, and in part to promote in America the British sport of elite shooting.”

By the 1920s, rifle shooting was a popular American sport. “Riflemen” competed in the Olympics, in colleges and in local, state and national tournaments organized by the NRA… In 1925, when the secretary of the NRA apparently took money from ammunitions and arms manufacturers, the organization tossed him out and sued him.

Times have certainly changed.

The early NRA distinguished between law-abiding citizens who should have access to guns, and criminals and mentally ill people who should not. In 1931, it backed federal legislation to limit concealed weapons, prevent possession by criminals, the mentally ill and children, to require all dealers to be licensed, and to require background checks before delivery. It endorsed the 1934 National Firearms Act, and other gun control legislation.

But in the mid-1970s, a faction in the NRA forced the organization away from sports and toward opposing “gun control.” It formed a political action committee (PAC) in 1975, and two years later elected an organization president who abandoned sporting culture and focused instead on “gun rights.”

Richardson tells us that the NRA “embraced the politics of Movement Conservatism,” a movement opposing business regulations and social welfare programs. Movement Conservatives also embraced the myth of the heroic American cowboy, a White man standing up to the “socialism” of the federal government while dominating Black and Native American people.

In 1972, the Republican platform had called for gun control to restrict the sale of “cheap handguns,” but in 1975, as he geared up to challenge President Gerald R. Ford for the 1976 presidential nomination, Movement Conservative hero Ronald Reagan took a stand against gun control. In 1980, the Republican platform opposed the federal registration of firearms, and the NRA endorsed a presidential candidate—Reagan– for the first time.

After Reagan was shot, the  NRA spent millions of dollars fighting the Brady Bill; after it passed, the organization financed lawsuits in nine states to strike it down.

Richardson also points out that until 1959, every single legal article on the Second Amendment concluded it wasn’t intended to guarantee individuals the right to own a gun. In the 1970s, legal scholars funded by the NRA began arguing that the Second Amendment did exactly that.

The organization got its money’s worth. In 2008, the Supreme Court declared that the Second Amendment protects an individual’s right to keep and bear arms.

The unfettered right to own and carry weapons has come to symbolize the Republican Party’s ideology of individual liberty. Lawmakers and activists have not been able to overcome Republican insistence on gun rights despite the mass shootings that have risen since their new emphasis on guns. Even though 90% of Americans—including nearly 74% of NRA members— recently supported background checks, Republicans have killed such legislation by filibustering it.

The good news is that the NRA is currently imploding. Perhaps the loss of its ability to spend mountains of money will allow Congress to pass responsible gun control legislation–and if it’s no longer the policy “winner,” we may get a more accurate history.

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Stuff That Makes Me Feel Better…

Here and there, evidence of progress against hate and division makes me feel marginally more hopeful.

 Juanita Jean reports that Fort Bend, Texas elected its first Black sheriff since 1869. (Fort Bend was Tom DeLay‘s old district.)

A reader sent me an editorial written as the final results were being tallied. It was headlined “Stop Saying America is Divided. It Isn’t” and it made some important points.

What’s always been certain is Biden winning the popular vote. What’s surprising is his winning more votes than anyone. I mean, like, ever. He’s at more than 71.7 million votes, as of this writing. That breaks Barack Obama’s record in 2008. The number is going to go higher as votes come in from California and other western strongholds. Some estimate that his final tally, when it’s all over but the shouting, could top 80 million. That plus the Electoral College victory equals not just a landslide defeat of one lying, thieving, philandering sadist. It’s a wholesale rejection of GOP orthodoxy. In 1980, Ronald Reagan won 50.7 percent of the popular vote. Biden could eclipse 52.

The essay goes on to dispute the “conventional wisdom” that the country is divided symmetrically, pointing out that the Democratic presidential candidate has gotten more votes in seven out of the last eight elections.

As the author argues, the electorate is divided, but that division is not 50-50.

Biden is on track to win the biggest coalition this country has ever seen. He’s on track to best the multi-racial, multi-ethnic, and multi-religious coalition of his former boss. Continuing to insist uncritically that the US is divided down the middle not only blurs the line between country and electorate, it minimizes Biden’s and his coalition’s achievement. The majority has ruled. There is now a consensus. The incumbent should have one term. America should be a democratic republic, not a white-wing autocracy…

Some ask why 40 percent of the country voted for dictatorship. It’s simple. Democracy empowers people that 40 percent—representing 69 million voters—don’t like. As I argued Monday, it brought us Barack Obama. It will bring us Vice President-elect Kamala Harris. If you can’t accept that, if you can’t accept the political legitimacy of non-white people in positions of power, you’re probably willing to do anything to “right that wrong,” even if that means killing yourself. Yes, we came very close to seeing the reelection of a chaotic tyrant. More important, however, is a massive majority saw the danger and put a stop to it.

He’s right. The sad thing, however, is that 40% minority includes a majority of white Americans. 

Finally, Heather Cox Richardson adds her considered, informed analysis.She began by reminding us of the degree to which Trump and his team have governed by creating their own reality. When that tactic fails, they are at sea.

He planned to challenge the counting of the mail-in ballots in the courts, all the while telling his supporters that Democrats were stealing his victory. If he could gin up enough chaos, he could buy time to throw the results into doubt and, perhaps, get the Supreme Court to enter the fight. There, he hoped for victory with the help of the three justices who owed him their seats.

He planned to subvert the election, staying in power thanks to his extraordinary ability to control the narrative, making people believe things that are not true.

The only thing that could stymie that narrative was overwhelming turnout from Democrats. To make that impossible, Trump’s team arranged to keep voters from the polls in places like Florida, and Texas, and enlisted Postmaster General Louis DeJoy to delay the mails so ballots would not be delivered in time to be counted.

But, in the end, their plans could not completely suppress those Americans fed up with the Trump administration. As I write tonight, Biden and Harris are winning the popular vote by more than 4 million votes, and the numbers are rising. If it weren’t for our antiquated Electoral College system, this election would already be over, decisively.

In the years to come, researchers will determine just how many Biden votes were suppressed–not cast or not counted. That number–which includes the  disfranchisement of 1.5 million ex-felons in Florida, despite an overwhelming vote in 2018 to restore their voting rights–will add to the margin by which the majority of Americans rejected Donald Trump.

Our job is to keep the arc of history moving toward justice.

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