26 June 2013

The Court and Voting Rights

Dick Posner: The Court "struck down a key part of the Voting Rights Act (the part requiring certain states with a history of racial discrimination in voting to obtain federal permission in advance to change their voting procedures—called “preclearance”) as violating the “fundamental principle of equal sovereignty” of the states. This is a principle of constitutional law of which I had never heard—for the excellent reason that . . . there is no such principle.  . . . The opinion rests on air."  Just so. [source]

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20 April 2013

Lessons From Boston

 
I've been listening to the obsessive coverage of Boston on NPR this morning. And beyond the simultaneously necessary and platitudinous reminders that we should not react against any groups ("muslims") I wonder what lessons we might learn. None are on offer on Morning Edition.

There is no question, the marathon bombing was despicable. It is easy and proper to call it an act of terror.  A few of things, though.

First, those gun fundamentalists who think they are going to fight off the government when, as they fantasize, it decides to clamp down, are truly hallucinatory. Look at the mobilization of force against the Tsarnaev brothers. All those suburban patriots do not stand a chance. What other ways are there to defend democracy?

Second, Americans are so insulated that they fail to see that such terrorist acts are commonplace. (Susan grew up in Manchester, UK and her family still lives there. Think IRA.) That does not in any way excuse the Boston bombing. But just maybe, this episode should prompt us to see our commonalities with the rest of the world?

Third, mourning for those killed in the bombings and aiding those injured are appropriate responses. Dancing in the streets is not. The behavior of Bostonians last night was revolting.

Finally, the younger Tsarnaev is a US citizen and has not forfeited that status or the rights that come with it. Recognizing that is a first step toward defending democracy.

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A couple of insightful reflections on similar themes: Rafia Zakaria "The Tragedies of Other Places," Guernica and Glenn Greenwald "What rights should Dzhokhar Tsarnaev get and why does it matter?" The Guardian.

Here and here and here are offerings from The New Yorker that bear reading as well.

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19 April 2013

The Senate is Pathetic (2)

Yet another fine advert underscoring the idiocy of gun rights fundamentalists and their political minions in Congress. And, before critics bellow about the second amendment, let's recall all of the restrictions on first amendment rights - speech and assembly especially - that they willingly tolerate every single day. Rights are not absolute. Since it is important to leaven one's frustration and anger with humor, here is a terrific send-up of our intrepid leaders in the Senate.

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14 October 2012

The 1% Congress

Some time ago I read a paper* by Nicholas Carnes, a young political scientist at Duke University. He studies the economic class background of politicians, specifically members of the US Congress. Unsurprisingly, he discovered that there are a vanishing small number of representatives from working class backgrounds in the U.S. House and Senate. And, unsurprisingly, he postulates that this has skewed the policies that Congress enacts.

Now, you might think this is the sort of thing that everyone, including your grandmother and mine, knows. And a moment's reflection suggests that that likely is so. That said, I think this is smart research that shines a bright, unflattering light on the inbred shallowness of the discipline of political science. And it does underscore the class basis of American politics.

In any case, Carnes has this Op Ed in The New York Times this morning sketching his research findings. The one thing that seems lame to me is the diffuseness of his proposed remedy and the basis for it. He thinks we can turn the under-representation of working class Americans around with a bit of elbow grease. He basically says 'Hey Look, in 1945 only 2% of Congressional representatives were women and now 17% are! Let's congratulate ourselves!" But let's remember that it is now 2012. In nearly seven decades Carnes's numbers  indicate that we have made only glacial progress toward gender equality in political representation.**  And, let's remember too that the the members of the 1% who are represented in Congress have 0% reason to support (and 100% reason to oppose) anything like the decentralized electoral strategy Carnes gestures at. This is a problem that demands direct political action; it is another indication of why the progressive agenda following on OWS should be about political rights.
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* Nicholas Carnes. 2012. "Does the Numerical Underrepresentation of the Working Class in Congress Matter?" Legislative Studies Quarterly XXXVII: 5–34.
Working-class citizens have been numerically underrepresented in policymaking institutions throughout most of America’s history. Little is known, however, about the political consequences of this enduring feature of our democratic system. This essay examines the relationship between legislators’ class backgrounds and their votes on economic policy in the House of Representatives during the twentieth century. Like ordinary Americans, representatives from working-class occupations exhibit more liberal economic preferences than other legislators, especially those from profit-oriented professions. These findings provide the first evidence of a link between the descriptive and substantive representation of social classes in the United States.

** As Susan points out, the increase in female Congressional representatives is overwhelmingly due to the election of African-American women. There are relatively few Republicans. And, I'd bet that the white women who do serve in Congress mimic the overall class background of the two houses.

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01 October 2012

Assembly Not Association or Expression

I stumbled across this brief, incisive post by Todd Gitlin in which he surveys a set of recent revisionist legal histories that call into question the reduction of freedom of assembly to freedom on association or expression. I have noted here and here before the complex interconnections between freedom and creativity and public space. It seems to me that it is crucial to democratic politics to reassert the freedom to gather together and to act together in public. The works Gitlin mentions recount how we've lost that freedom.

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27 August 2012

The ironies of political rights in the U.S.

My friend Kelly Gleason forwarded this link to a news story at NBC News - the punch line is in the title. At the RNC convention in Tampa, protesters cannot carry puppets even if they (the protesters, not the puppets) are packing heat. How is it that our politics is this screwed up?

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