What is required of the electorate to vote?

“The days of the social contract, in which citizens have obligations as well as rights, seem to be over.”

womenvoteThe arc of American history had always been to make voting available to more people. The 15th Amendment (1870) prohibits the denial of the right to vote based on race, color, or previous condition of servitude, though it required The Voting Rights Act of 1965, nearly a century later, to enforce it.

The 19th Amendment (1920) prohibits the denial of the right to vote based on sex. The 24th (1964) prohibits the revocation of voting rights due to the non-payment of a poll tax or any other tax. And the 26th (1971) allowed eighteen-year-olds (like me, that year!) to vote, and you better believe that I did.

One could make the case that the 17th Amendment (1913), which provided direct election of United States Senators by popular vote, and the 23rd, which granted the District of Columbia the right to participate in the Electoral College, also fall in this category.

Thus, the move to limit voting I find antithetical to this democracy. I’m told by proponents that voter ID is “easy” to come by. Yet it has proven to be anything but.

Look at Wisconsin Is Systematically Failing to Provide the Photo IDs Required to Vote in November, with the subhead, “New recordings from the DMV show how the state is continuing to disenfranchise black voters.” The state police raided a registration program in Indiana that was assisting potential black voters. There is also disenfranchisement in Florida, and a FAKE meme in Pennsylvania suggesting that voters can text in their votes.

While voter fraud is negligible, voter suppression is widespread and could alter the results of the election.

Here’s something I did not know until recently. Forty-six states have laws that allow private citizens to challenge the eligibility of prospective voters, “either on or before Election Day. Although these laws are more than a century old, they have drawn increased public scrutiny in recent years as the number of citizen poll-watchers and challengers in elections continues to grow.” And that was written before the 2012 election.

I’m disturbed by this apparently popular article after the second Clinton-Trump rock em sock em event: 24 Hours After Last Night’s Debate, Mike Rowe Makes A Huge Confession On What He Sees Wrong With This Election. It says, basically, that unless you’re well-informed you shouldn’t be cajoled by some celebrity to go out and vote. I agree with the celebrity part – heck, I think THEY’D agree with that – but not the conclusion he makes.

He says, “Develop a worldview that you can articulate as well as defend. Test your theory with people who disagree with you. Debate. Argue. Adjust your philosophy as necessary. Then, when the next election comes around, cast a vote for the candidate whose worldview seems most in line with your own.”

I dare say that almost all the Trump, and most of the Clinton, supporters have a worldview they can defend. I’ve spent the better part of the last three months trying (and mostly failing, to tell the truth) to understand the mind of a Trump voter.

And I believe that debating and arguing, especially online, that has made us more fractured as a nation, not more understanding. There was an article in the New York Post?, of all places. I don’t buy the conclusion, but I do believe this:

…this election has channeled a narcissism and intolerance that our country has been incubating for years.

In fact, many Americans believe they’re entitled to their intolerance — believe it’s their patriotic duty to react fanatically or with bigotry to anyone who doesn’t share their views…

Who among us doesn’t have Facebook friends who believe they’re entitled to “go nuclear” when expressing their political views on other people’s pages, especially when opposing someone else’s post?

We’re growing more racially, culturally and economically separated from each other every day…

We engage in very little healthy discourse, because we don’t have to — which robs us of the grace to manage diversity… “We are too segregated on so many levels — it’s not just race, it’s everything — and that resentment and entitlement and bigotry on both sides have fed into this populism.”

Did politics create this state, rather than society? “Hell, yes.”

“Part of the problem is that government and, in turn, politics no longer asks anything of voters…”

“Instead, we just constantly poll and survey voters to find out what they want.”

As a consequence, Americans feel entitled to demand whatever they want because our government and politicians are always asking us to tell them, promising that if they win they will deliver.

And when politicians get our votes, rise to power, but then don’t deliver exactly everything they promised, we feel frustrated.

“The problem is not just entitlement, it’s narcissism…”

Entitlement mostly comes from affluence and from the remarkably high standard of living in today’s America, something likely unavoidable when there is so much progress and material bounty…

“But narcissism is a collapse of democratic values, where every American now thinks he or she is the most important person who has ever lived, instead of being one of many voters in a system based on compromise and moderation.”

The days of the social contract, in which citizens have obligations as well as rights, seem to be over.

“Imagine John F. Kennedy today saying ‘Ask not what your country can do for you, but what you can do for your country…’ He’d be hooted off the stage as just another Northeastern, Ivy League elitist talking down to the people.”

That’s how far we’ve come — or, more precisely, how far we’ve fallen.

johnlewis
So I WANT those people who aren’t as invested as I am -I’m very invested- to participate in the democratic process as well. Sure, I want an informed electorate, even as it may make decisions I HATE, from time to time. But it has been the trend of this democracy to break down the barriers. Voting isn’t just for the white male landowners, or just the men, it’s for everyone.

I find the Rowe essay patronizingly snobbish. The notion that one should read Hegel before voting I found irritating, and I wasn’t sure why. But I later realized it reminded me of the literacy tests that were promulgated, disproportionally on black people in the South in the 1950s and ’60s, that was declared illegal.

Also, the comparison with gun ownership I found to be a stretch. Society will operate if most of us do not own a gun but could collapse if most of us don’t vote. And especially, we need young adults, who are part of the disillusioned seed corn of democracy to be involved.

I vote EVERY year; the fifth time in 2016 will be in November. John Lewis, whose book March, Book 3 was nominated for the National Book Award, knows people who DIED to get the right to vote, in MY lifetime. Now, the supporters of one candidate (guess which one?) have threatened to intimidate nonwhite voters on Election Day. Now, those threats against voters are illegal. What year IS this?

I vote, not just in the Presidential years, but every year, for city council, and state representative, where my vote really has power, largely because other people do not cast their ballots in off-year elections.

If, after your investigation, you find NONE of the Candidates for President acceptable – John Oliver thinks voters are crazy for supporting Gary Johnson or Jill Stein, but Stein supporters vehemently disagree – you could choose to vote for NO ONE on that line. You could consider it your protest. But vote!

Also, there are lots of other issues on the ballot, including who will be your members of Congress. Did you Bernie folks know that if the Democrats regain control of the Senate, Bernie Sanders will chair the powerful Senate budget committee? Not going to the polls doesn’t show dissatisfaction; it can easily be perceived as laziness.

M is for Magna Carta

How did a failed treaty between medieval combatants, the Magna Carta, come to be seen as the foundation of liberty in the Anglo-Saxon world?

magna_cartaThe Magna Carta turned 800 in June 2015, signed by King John “Lackland” Plantagenet in 1215, though, in fact, it was not dubbed as the “great charter” until a couple of years, and some changes, later. It was violated quickly and reinstated in an altered form a number of times.

From the British Library:

The Magna Carta established for the first time the principle that everybody, including the king, was subject to the law…

Most of the 63 clauses granted by King John dealt with specific grievances relating to his rule. However, buried within them were a number of fundamental values that both challenged the autocracy of the king and proved highly adaptable in future centuries. Most famously, the 39th clause gave all ‘free men’ the right to justice and a fair trial.

Some of Magna Carta’s core principles are echoed in the United States Bill of Rights (1791) and in many other constitutional documents around the world, as well as in the Universal Declaration of Human Rights (1948) and the European Convention on Human Rights (1950).

Incidentally, it has been proven that every President of the United States, save for one, is related to King John. Do you know which one was not?

Here’s the English translation of the Magna Carta. One element still in effect: “To no one will we sell, to no one deny or delay right or justice.” It inspired those colonists who believed they were entitled to the same rights as Englishmen.

Read this contrarian view of the document’s import. But see also this article that asks how a failed treaty between medieval combatants came to be seen as the foundation of liberty in the Anglo-Saxon world.

Oh, that outlier President, not related to King John, was the 8th President, Martin Van Buren, who was Dutch.

abc 17 (1)
ABC Wednesday – Round 17

Constitution Day 2015

Eliminating birthright citizenship… It implies a reckless urge to break down ancient legal principles without inquiring why those traditions existed in the first place.

Close up of the Constitution of the United States of America with quil feather pen
Close up of the Constitution of the United States of America with quill feather pen

Constitution Day is tomorrow, so I found some articles from the previous 12 months, pulling out quotes, to commemorate it. I suggest you read the whole article.

Civics For Dummies: Judicial Review
People who dislike particular court rulings often imagine that this power of judicial review wasn’t in the Founders’ original vision at all; somewhere along the line the Supreme Court just usurped it. But in fact, the Founders foresaw judicial review and approval.

How the NRA Rewrote the Second Amendment
“‘One loves to possess arms’ wrote Thomas Jefferson, the premier intellectual of his day, to George Washington on June 19, 1796.” What a find! Oops: Jefferson was not talking about guns. He was writing to Washington asking for copies of some old letters, to have handy so he could issue a rebuttal in case he got attacked for a decision he made as secretary of state. The NRA website still includes the quote. You can go online to buy a T-shirt emblazoned with Jefferson’s mangled words.

Opinion analysis: Reasonable mistakes of law by police do not violate the Fourth Amendment
The vague word “unreasonable” in the Fourth Amendment is a lawyer’s playground, and questions about what sort of circumstances constitutionally permit law enforcement seizures have thus plagued the federal courts since the Fourth Amendment was adopted.

Arizona, the Supreme Court and the End of Gerrymandering
In the fullness of time, it all wound up in litigation, in a wrangle over the definition of the word “legislature” that eventually reached the Supreme Court. What is a “legislature,” exactly? Is it a body of elected officials? Is it a body appointed by the people to perform a specific legal purpose? Can it be both?

Nothing Is More “Conservative” Than Birthright Citizenship
Make no mistake, eliminating birthright citizenship would require an overthrow of established traditions. It implies a reckless urge to break down ancient legal principles without inquiring why those traditions existed in the first place. In short, it requires precisely the sort of thing conservatives are supposed to be against.

The Five Worst Supreme Court Justices In American History, Ranked
Even amidst this dark history, certain justices stand out as particularly mean-spirited, ideological, or unconcerned about their duty to follow the text of the Constitution.

Three-fifths of a person

“Representatives… shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.”

three-fifthsWhen I was vamping while waiting for the speaker for an Adult Education class during Black History Month at my church, I preemptively pointed out that the reason we STILL talk about these issues is that they are not always that well known.

Making a very tangential point, I mentioned in passing the Three-Fifth Compromise. I took this on faith that everyone knew what I was talking about. It was in the original US Constitution:

Article 1, Section 2:
“Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three-fifths of all other Persons.”

Those “all other persons” were slaves. It was not changed until the Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868.

However, there were a couple of people who did not know this piece of Americana. So the conversation inadvertently proved the point.

“Black history IS American history” has become the mantra of both who want to continue Black History Month, and those who think it’s “been done.” The latter say, “We know about George Washington Carver and Martin Luther King already.”

To that end, I recommend checking out Filling In the Gaps in American History, which is “a collection of biographies, experiences, commentaries and behind the scenes looks at events in American History dealing with people of African descent that are generally not recorded in history texts.”

Jacqui C. Williams, FIGAH founding director, writes: “There were artists, inventors, activists, educators, women, and men of faith, cowboys, stagecoach drivers, law enforcement officers, entrepreneurs and more who contributed to the creation and development of this land over and above the labor of those enslaved. I did not read of them in my history classes…”

Speaking of history, All Over Albany did a piece on Stephen Myers for Black History Month.

And I came across Civil Rights: Holding the Hands of History. It’s a Facebook Community Page about Viola Liuzzo by her daughter Mary Liuzzo Lilleboe. Viola Liuzzo was a white Detroit housewife who was shot to death by Ku Klux Klan members following the voting rights march in Alabama, the march depicted in the movie “Selma.”

From there, I found the blog of Tara Ochs, who plays Viola in the movie. Check out, especially, her posts from 2014 forward.

The Constitution is difficult to amend

Justice John Paul Stevens explains that gun control initiatives are not necessarily contrary to the Second Amendment.

Stock Photo of the Consitution of the United States and Feather QuillNothing is more fundamental in our democracy than our right to vote. “We are witnesses today to attacks on that hard-won right… Rev. Dr. William J. Barber II, president of the North Carolina NAACP… reminded us that our votes were paid for with blood.” So, of all the Supreme Court decisions in the last couple of years, the one gutting the Voting Rights Act of 1965 was among the most troubling. What Happened Next in These 8 States Will Not Shock You.

Therefore, I was slack-jawed when some guy wrote: “The Democrats have had a dream run in the Supreme Court over the past 6 years until now.” In response to all of the failings of the Court over decades, a writer suggested five ways to reform SCOTUS, which will NEVER happen.

Speaking of “will never happen”: From Six Amendments: How and Why We Should Change the Constitution, by former Associate Justice of the Supreme Court, Justice John Paul Stevens. “The politics of the Second Amendment became the focal point of the gun debate. Gun supporters argued against the federal government’s claim that background checks and limitations on certain firearms should be put in place through public policy. In this excerpt, Justice Stevens explains that gun control initiatives are not necessarily contrary to the Second Amendment and that it is Congress’ responsibility to pass sensible legislation to prevent future tragedies.”

Something I hope will happen: a Constitutional amendment to overturn Citizens United, challenge corporate power, and eliminate unlimited campaign spending. There are a number of state and local resolutions supporting it. But it’s very difficult to amend the Constitution. Even if the US Senate passes such legislation, I sincerely doubt the House will any time soon.
***
xkcd explains the First Amendment (strong language). To that end, Arthur explains the difference between fascism and free speech. And, I’d say, it isn’t just progressive gays dumped on the “fascist” end of the spectrum, but the “feminazis” (pretty much anyone who owns up to being a feminist) and the “race baiters”/”race hustlers” (usually defined as Jesse Jackson, Al Sharpton, and Barack Hussein Obama.)

Also, when a hospital worker is fired over remarks on her Facebook page – “urging police to ‘purge’ protesters in Ferguson, MO by ‘mowing them down with machine guns,'” This is NOT a violation of the woman’s Constitutional rights. “Congress shall make no law… abridging the freedom of speech…” This applies to the states too, per the Fourteenth Amendment, but it does NOT apply to the hospital.

AND the woman doesn’t seem to be all that concerned about the Ferguson protesters’ First Amendment rights.
Or, for that matter, their Fifth Amendment right NOT to be “deprived of life, liberty, or property, without due process of law.” Or their Sixth Amendment rights to a “speedy and public trial.”

Jaquandor loves this quote from the court case section of the film Amistad; for more info re the actual 1839-1841 case, read here.

Can We Have Bipartisan Agreement To Stop Complaining About Presidential Vacations?. I’m less irritated than bored by this. Especially from Peggy Noonan of the Wall Street Journal kvetching about Obama, when she used to work for Ronald Reagan, no vacation slouch.

Social media & sharing icons powered by UltimatelySocial