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Fourth of July Reads
Posted: July 4, 2014 Filed under: morning reads, U.S. Politics, Women's Rights | Tags: corporate personhood, corporatizing religious liberty, Declaration of Independence, Fourth of July, Hobby Lobby, Independence Day, John Roberts, legal precedent, religion, Samuel Alito, SCOTUS, separation of church and state, Statue of Liberty, Wheaton College 14 CommentsGood Morning!!
Today we celebrate the Declaration of Independence. I’ve assembled a few informational readings about this day in history.
From The Cagle Post: Fourth of July Fast Facts.
“I’m confused. I thought July 4 was the day our country declared independence from King George III of Great Britain.”
“Actually, according to ConstitutionFacts.com, that’s not so. The Continental Congress declared independence from Great Britain on July 2, 1776.”
“Then why do we celebrate our independence on the Fourth every year? Is that when we started the American Revolution?”
“That is a common misunderstanding, as well. The American Revolution began in April 1775, more than a year earlier.”
“I’m stumped. Was the Fourth the day Thomas Jefferson wrote the first draft of the Declaration of Independence?”
“Nope. Thomas Jefferson wrote the first draft in June 1776. Also, Jefferson didn’t write the Declaration alone.”
“He didn’t? I always thought he was the sole author.”
“A common misconception. In fact, the Continental Congress appointed a five-person to write the Declaration. It included Jefferson, Benjamin Franklin, John Adams, Robert Livingston and Roger Sherman.” ….
“Though Jefferson wrote the first draft, it was changed 86 times by other members of the committee and other members of the Continental Congress.”
I did not know that.
David Armitage at The Wall Street Journal: The Declaration of Independence: The Words Heard Around the World.
The Declaration of Independence is the birth certificate of the American nation—the first public document ever to use the name “the United States of America”—and has been fundamental to American history longer than any other text. It enshrined what came to be seen as the most succinct and memorable statement of the ideals on which the U.S. was founded: the rights to life, liberty and the pursuit of happiness; the consent of the governed; and resistance to tyranny.
But the Declaration’s influence wasn’t limited to the American colonies of the late 18th century. No American document has had a greater impact on the wider world. As the first successful declaration of independence in history, it helped to inspire countless movements for independence, self-determination and revolution after 1776 and to this very day. As the 19th-century Hungarian nationalist, Lajos Kossuth, put it, the U.S. Declaration of Independence was nothing less than “the noblest, happiest page in mankind’s history.”
In telling this story of global influence, however, it is important to separate two distinct elements of the Declaration—elements that sometimes get conflated. The first of these is the assertion of popular sovereignty to create a new state: in the Declaration’s words, the right of “one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature’s God entitle them.” The second and more famous element of the Declaration is its ringing endorsement of the sanctity of the individual: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights.”
Read much more at the link.
From the LA Times: The slow-spreading news of American independence.
In this era of instant communication, it’s interesting to note the slow distribution of the Declaration, and the spreading of the word to those on whose behalf independence had been declared. (Imagine the Twitter version: Dudes, we’re on our own. #independence #totallyrad #stickitkinggeorge).
The text was set in type by Philadelphia printer John Dunlap just hours after the Continental Congress approved the manifesto on July 4. He ran off about 200 copies, most of which were then distributed via horse and boat around the Colonies. He reprinted it in his own newspaper, Dunlap’s Pennsylvania Packet, or The General Advertiser (great newspaper names back then). Over the next few weeks, Jefferson’s stirring words were reprinted inlocal newspapers and pamphlets around the Colonies.
And, naturally, in Britain. It took more than a month for the first reports of the Declaration to reach Britain in letters ferried by the Mercury packet ship. Gen. William Howe, who was leading the crown’s forces in the Colonies, included a brief mention in his report to his overseers. So the first public airing of the news came in the London Gazette, the crown’s official paper. If you weren’t a close reader, you could have easily missed it.
In the four-page issue dated Aug. 6-Aug. 10, 1776, the Gazette’s lead story was Howe’s update of the war, reporting that “the Rebels, who are numerous, and are very advantageously posted with strong Entrenchments both upon Long Island and that of New York, with more than One Hundred pieces of Cannon for the Defence of the Town towards the Sea, and to obstruct the passage of the [British] Fleet up the North [Hudson] River, besides a considerable Field Train of artillery.”
Finally, Carina Kolodny at Huffington Post: This Is Not Your Independence Day.
The 4th of July might commemorate the independence of our country — but it also serves as a bitter reminder that in 1776, the country that I love had no place for me in it.
When our founding fathers penned, “All men are created equal,” they meant it. Not all people. Not all humans. Just all men — the only reason they didn’t feel obliged to specify “white” men is because, at the time, men of color were considered less than men, less than human.
The 4th is not my Independence Day — and if you’re a Caucasian woman, it isn’t yours either. Our “independence” didn’t come for another 143 years, with the passage of The Woman’s Suffrage Amendment in 1919. The 4th of July is also not Independence Day for people of color. It wasn’t until the 15th Amendment was ratified in 1870 that all men had the right to vote regardless of race — on paper, that is, not in practice. People of color were systematically, and all too successfully, disenfranchised for another century. July 4th of 1776 was certainly not a day of Independence or reverence for Native Americans. It wasn’t until 1924 that Native Americans could unilaterally become citizens of the United States and have the voting rights to go with it.
Now, before anyone argues that Independence is about more than voting rights, I’d like to point out that our Founding Fathers would fundamentally disagree with you. The Revolutionary War was fought, in large part, because of “taxation without representation” — the then English colonists believed they were not free because their voices were not represented. The right to vote, the right to have your say is the delineating characteristic of a democracy.
The Aftermath of the Hobby Lobby Decision
On that note, today many concerned citizens are looking back at the latest Supreme Court decisions that take women backwards in their pursuit of freedom and autonomy. The court-approved limits on access to birth control go beyond the Hobby Lobby decision. Lyle Denniston at SCOTUSblog: Broader right to object to birth control.
Expanding the rights of religious opponents of birth control, a divided Supreme Court on Thursday afternoon spared an Illinois college — and maybe hundreds of other non-profit institutions — from obeying government regulations that seek to assure access to pregnancy prevention services for female workers and students. In the same order, the majority essentially told the government to modify its own rules if it wants to keep those services available.
Three Justices wrote a sharply worded dissent, accusing the majority of creating on its own a “new administrative regime” that will seriously complicate the operation of the birth control mandate under the new federal health care law. The majority, the dissenters said, “has no reason to think that the administrative scheme it foists on the government today is workable or effective on a national scale.”
The ruling, which the majority insisted was temporary and had settled nothing finally about the legal issues at stake, came three days after the Court in Burwell v. Hobby Lobby had given for-profit businesses whose owners have religious objections to birth control a right to refuse to provide those services in their employee health plans.
The plea by Wheaton College, a religious institution in Illinois with about 3,000 students, moved the Court beyond for-profit firms to the world of non-profit religious colleges, hospitals, and other charities. The government had already moved to accommodate their beliefs, but that had not gone far enough for the college and for scores of other non-profits. With the Court’s new order, they gained additional separation from the birth-control mandate.
At Mother Jones, Kevin Drum writes: Supreme Court Now Playing Cute PR Games With Hobby Lobby Decision.
For the last few days, there’s been a broad argument about whether the Hobby Lobby ruling was a narrow one—as Alito himself insisted it was—or was merely an opening volley that opened the door to much broader rulings in the future. After Tuesday’s follow-up order—which expanded the original ruling to cover all contraceptives, not just those that the plaintiffs considered abortifacients—and today’s order—which rejected a compromise that the original ruling praised—it sure seems like this argument has been settled. This is just the opening volley. We can expect much more aggressive follow-ups from this court in the future.
POSTSCRIPT: It’s worth noting that quite aside from whether you agree with the Hobby Lobby decision, this is shameful behavior from the conservatives on the court. As near as I can tell, they’re now playing PR games worthy of a seasoned politico, deliberately releasing a seemingly narrow opinion in order to generate a certain kind of coverage, and then following it up later in the sure knowledge that its “revisions” won’t get nearly as much attention.
At Slate, Micah Schwartzman, Richard Schragger, and Nelson Tebbe explain that Hobby Lobby rewrites religious-freedom law in ways that ignore everything that came before.
Monday’s decision in Hobby Lobby was unprecedented. Much of the commentary has focused on the Supreme Court’s decision to extend rights of religious free exercise to for-profit corporations. Hobby Lobby is for religion what Citizens United was for free speech—the corporatization of our basic liberties. But Hobby Lobby is also unprecedented in another, equally important way. For the first time, the court has interpreted a federal statute, theReligious Freedom Restoration Act (or RFRA), as affording more protection for religion than has ever been provided under the First Amendment. While some have read Hobby Lobby as a narrow statutory ruling, it is much more than that. The court has eviscerated decades of case law and, having done that, invites a new generation of challenges to federal laws, including those designed to protect civil rights.
The authors explain how the right wing Roberts Court has moved beyond any concern for legal precedent in making its decisions.
Hobby Lobby is unprecedented because it corporatizes religious liberty. It extends to for-profit businesses the rights and privileges that have long been associated only with churches and religious nonprofits. But that change is the result of a more pervasive and deeper upending of the law of religious liberty in America. Ignoring congressional intent, the court reads RFRA as having shed its First Amendment skin. It is not entirely clear what American law will look like after that change. But if anything is clear, it is that the Roberts Court is now unconstrained by precedent. It has loosened itself from decades of First Amendment doctrine and has begun remaking the law of free exercise.
Please read the whole thing.
Ironically, the Hobby Lobby decision may have also created some serious problems for the human beings who own corporations (h/t Dakinikat). From Mother Jones: How Hobby Lobby Undermined The Very Idea of a Corporation. Basically, now that SCOTUS has said that some corporations are inseparable from the people who own them, those owners could lose their legal protection from debts and lawsuits that result from corporate actions. There’s some instant Karma for you!
A few more links for your holiday reading pleasure:
Miami Herald: FBI records: Chilling find in Bradenton dumpster (new clues to Saudi involvement in the 9/11 and the cover-up of that involvement by the Bush/Cheney administration).
Study links Oklahoma earthquake swarm with fracking operations
Boston Globe: People prefer electric shocks to time alone with thoughts.
LA Times: Tibetans get high-altitude edge from extinct Denisovans’ genes.
What stories are you following on this Independence Day?
Thursday Reads: Aftermath of SCOTUS Voting Rights Decision
Posted: June 27, 2013 Filed under: 2014 elections, Civil Rights, court rulings, Elections, morning reads, open thread, racism, Real Life Horror, Republican politics, U.S. Politics | Tags: Antonin Scalia, GOP Southern strategy, hypocrisy, Judicial Activism, SCOTUS, U.S. Supreme Court, Voter ID laws, Voting Rights Act 66 CommentsGood Morning!!
This is going to be a quickie post, because I’m feeling kind of sick this morning.
Although I’m thrilled with the DOMA decision yesterday, I still can’t get past my anger and sadness about the Supreme Court’s gutting of the Voting Rights Act. So I’m just going to post the (above) “official 2013 photo” of the U.S. Supreme Court and some accompanying links that demonstrate the damage the Court has done in its horrendous decision on the Voting Rights Act.
I’ll begin with this excellent post by Linda Greenhouse at The New York Times: Current Conditions, which neatly summarizes the Court’s “conservative” wing’s blatant “judicial activism,” to quote a frequent charge of conservatives against “liberal” judges.
These have been a remarkable three days, as the Supreme Court finished its term by delivering the only four decisions that most people were waiting for. The 5-to-4 decisions striking down the coverage formula of the Voting Rights Act and the Defense of Marriage Act will go far toward defining the Roberts court, which has concluded its eighth year. Monday’s place-holding ruling on affirmative action in higher education, although it decided very little, is also definitional, for reasons I’ll explain. There is a great deal to say about each decision, and about how each reflects on the court. My thoughts are preliminary, informed by that phrase in the chief justice’s voting rights opinion: current conditions.
By this phrase, the chief justice meant to suggest that there is a doctrinal basis for drawing a boundary around Congressional authority, for judicial insistence that a burden that Congress chooses to impose on the states has to be justified as a cure for a current problem. In the context of voting rights, an area over which the 15th Amendment gives Congress specific authority, this is a deeply problematic position that Justice Ruth Bader Ginsburg’s dissenting opinion demolishes.
Please go read the whole column–it’s difficult to get Greenhouse’s thesis into an excerpt. The blatant hypocrisy of the “conservative” justices–especially Scalia is mind-boggling, especially when the stunning effects of the Voting Rights decision on “current conditions” are already obvious and dramatic–just as were the disastrous effect of the Citizens United decision. A few examples.
The Guardian: Texas rushes ahead with voter ID law after supreme court decision
Officials in Texas said they would rush ahead with a controversial voter ID law that critics say will make it more difficult for ethnic minority citizens to vote, hours after the US supreme court released them from anti-discrimination constraints that have been in place for almost half a century.
The Texas attorney general, Greg Abbott, declared that in the light of the supreme court’s judgment striking down a key element of the 1965 Voting Rights Act he was implementing instantly the voter ID law that had previously blocked by the Obama administration. “With today’s decision, the state’s voter ID law will take effect immediately. Photo identification will now be required when voting in elections in Texas.”
Greensboro News and Record: NC senator: Voter ID bill moving ahead with ruling
Voter identification legislation in North Carolina will pick up steam again now that the U.S. Supreme Court has struck down part of the Voting Rights Act, a key General Assembly leader said Tuesday.
A bill requiring voters to present one of several forms of state-issued photo ID starting in 2016 cleared the House two months ago, but it’s been sitting since in the Senate Rules Committee to wait for a ruling by the justices in an Alabama case, according to Sen. Tom Apodaca, R-Henderson, the committee chairman. He said a bill will now be rolled out in the Senate next week.
The ruling essentially means a voter ID or other election legislation approved in this year’s session probably won’t have to receive advance approval by U.S. Justice Department attorneys or a federal court before such measures can be carried out.
Northwest Ohio.com: Voter ID and restricted early voting likely after SCOTUS ruling
ATLANTA (AP) — Across the South, Republicans are working to take advantage of a new political landscape after a divided U.S. Supreme Court freed all or part of 15 states, many of them in the old Confederacy, from having to ask Washington’s permission before changing election procedures in jurisdictions with histories of discrimination.
After the high court announced its momentous ruling Tuesday, officials in Texas and Mississippi pledged to immediately implement laws requiring voters to show photo identification before getting a ballot. North Carolina Republicans promised they would quickly try to adopt a similar law. Florida now appears free to set its early voting hours however Gov. Rick Scott and the GOP Legislature please. And Georgia’s most populous county likely will use county commission districts that Republican state legislators drew over the objections of local Democrats.
AL.com: Alabama photo voter ID law to be used in 2014, state officials say
MONTGOMERY, Alabama — Today’s U.S. Supreme Court decision clears the way for Alabama’s new photo voter ID law to be used in the 2014 elections without the need for federal preclearance, state officials said.
Alabama Attorney General Luther Strange and Secretary of State Beth Chapman said they believed the voting requirement, which is scheduled to take effect with the June 2014 primaries, can simply move forward.
“Photo voter ID will the first process that we have gone through under this new ruling,” Chapman said today.
Memphis Business Journal: Mississippi voter ID law could start next year
Voters in Mississippi may have to start showing a photo ID to vote by the middle of 2014, according to Secretary of State Delbert Hosemann.
According to the Associated Press, Hoseman spoke Tuesday after the U.S. Supreme Court ruled that certain state and local governments no longer need federal approval to change election laws. That ruling opens up the possibility that Mississippi will implement a voter identification requirement.
According to Think Progress, Arizona and South Dakota will likely be trying to pass Voter ID laws soon. I’m sue that won’t be the end of it.
Just a few more links:
Joan Walsh: The ugly SCOTUS voting rights flim-flam
Ari Berman: What the Supreme Court Doesn’t Understand About the Voting Rights Act
Stephen Hill: So the Voting Rights Act Is Gutted—What Can Protect Minority Voters Now?
I’ll end there and leave it up to you guys to link to other important news stories. What are you reading and blogging about today?
Denying Southern Reality and Other Acts of a Politically Motivated SCOTUS
Posted: June 25, 2013 Filed under: just because | Tags: SCOTUS, Voting Rights Act 12 Comments
I think y’all know by now that I was raised culturally southern. I was born in the South. I live in the deep South and have for nearly two decades. We’ve been regaled recently with the news that Southern Cuisine maven Paula Dean still longs for the good ol’ days of smiling black servants or slaves. We ‘ve heard Haley Barbor talk up the old Southern institutions that were the institutional face of the KKK as being positive community builders. I still can’t believe that Mississippi doesn’t celebrate Memorial Day because it is a “Yankee Holiday” and enshrines the Confederate version by declaring April “Confederate Heritage Month”. But, you do not need these folksy stories of the obvious racism in the South to understand why today’s SCOTUS decision is a complete sham. Scalia has said that the Voting Rights Act is a “racial entitlement” in the past. It is not. It protects disenfranchised voter’s most basic right in a democracy. This is another example of the hypocrisy of the ‘conservative’ wing of the court. This is pure judicial activism.
Here is a list of things from Bader Ginsberg’s scathing dissent that lets you know exactly why the VRA is still necessary and is about protecting rights not creating entitlements.
Ginsburg’s dissent also rattled off these eight examples of race-based voter discrimination in recent history:
- “In 1995, Mississippi sought to reenact a dual voter registration system, ‘which was initially enacted in 1892 to disenfranchise Black voters,’ and for that reason was struck down by a federal court in 1987.”
- “Following the 2000 Census, the City of Albany, Georgia, proposed a redistricting plan that DOJ found to be ‘designed with the purpose to limit and retrogress the increased black voting strength…in the city as a whole.'”
- “In 2001, the mayor and all-white five-member Board of Aldermen of Kilmichael, Mississippi, abruptly canceled the town’s election after ‘an unprecedented number’ of AfricanAmerican candidates announced they were running for office. DOJ required an election, and the town elected its first black mayor and three black aldermen.”
- “In 2006, the court found that Texas’ attempt to redraw a congressional district to reduce the strength of Latino voters bore ‘the mark of intentional discrimination that could give rise to an equal protection violation,’ and ordered the district redrawn in compliance with the VRA…In response, Texas sought to undermine this Court’s order by curtailing early voting in the district, but was blocked by an action to enforce the §5 pre-clearance requirement.”
- “In 2003, after African-Americans won a majority of the seats on the school board for the first time in history, Charleston County, South Carolina, proposed an at-large voting mechanism for the board. The proposal, made without consulting any of the African-American members of the school board, was found to be an ‘exact replica’ of an earlier voting scheme that, a federal court had determined, violated the VRA…DOJ invoked §5 to block the proposal.”
- “In 1993, the City of Millen, Georgia, proposed to delay the election in a majority-black district by two years, leaving that district without representation on the city council while the neighboring majority white district would have three representatives…DOJ blocked the proposal. The county then sought to move a polling place from a predominantly black neighborhood in the city to an inaccessible location in a predominantly white neighborhood outside city limits.”
- “In 2004, Waller County, Texas, threatened to prosecute two black students after they announced their intention to run for office. The county then attempted to reduce the avail ability of early voting in that election at polling places near a historically black university.”
- In 1990, Dallas County, Alabama, whose county seat is the City of Selma, sought to purge its voter rolls of many black voters. DOJ rejected the purge as discriminatory, noting that it would have disqualified many citizens from voting ‘simply because they failed to pick up or return a voter update form, when there was no valid requirement that they do so.'”
To those who will be distraught, outraged, or fearful, the essential question at stake in the Court’s decision – and in the continuing vitality of Section 4 — is whether we believe racial discrimination in voting still exists in the South. The question being framed this way, the Court’s decision today will appear to be, at best, a denial of reality and a reflection of a naïve “post-racial” view that in the Obama era, racial discrimination in voting has ended. Justice Sotomayor, at oral argument, perfectly reflected this perspective on what the decision represents when she posed this pointed question to the VRA’s challengers: “Do you think that racial discrimination in voting has ended, that there is none anywhere?” The answer to that question must be no. From this vantage point, then, as long as racial discrimination in voting still does take place at all in the South, Section 4 of the VRA – the part the Court invalidated – remains not just justifiable, but essential.
In addition, to many people, the VRA symbolizes protection of the crown jewel of rights, the right of access to the ballot box. For those who know the history, this right was born from the blood and the bodies of all those who had been given the last full measure of their devotion to secure full access for all to the ballot box – those beaten on the bridge from Selma, Alabama in 1965, the three civil rights workers lynched in the Mississippi summer of 1964, and many others. How can the Court find unconstitutional an Act that plays any role at all in ensuring political equality regarding this most sacred right? And why should the Court second-guess Congress on these issues?
Yet to others, including the Court’s pivotal actor, Justice Kennedy, the essential question at stake is whether our political system is frozen in place on issues concerning race. Do our political institutions and culture have the capacity to recognize that dramatic changes at the intersection of race and voting have taken place over recent decades? Section 4 was created in 1965 as a short-term measure for five years; in initially upholding that system, the Court called it “an uncommon exercise of congressional power” justified by the “exceptional circumstances” of the massive disfranchisement of black voters (and many poor whites) that existed when the VRA was enacted. In 1970, Congress extended this system for another five years; in 1975, for another eight; and in 1982, for twenty-five more years. Then, in 2006, in the provision the Court struck down, Congress re-authorized this system for another twenty-five years, until 2031. Thus we moved from a five-year regime in 1965 for exceptional circumstances to a sixty-six-year regime that continues to single out nine states (and fifty-three other counties) for unique federal control.
But of even more symbolic significance, from this perspective: these areas all became covered because of their voting practices in 1964 or, at the latest, 1975 – nearly forty years ago. And these are the same areas, and nearly the only areas, that have remained covered ever since. Though the Act formally creates a mechanism to permit these areas to prove their current entitlement to be relieved of coverage, this part has never been a meaningful way for the Act to unwind itself from within: fewer than one percent of all the counties originally covered that have significant minority populations have ever emerged from the Act. From this vantage point, the question the case was “about,” then, is this: how can Congress act as if nothing significant enough has changed in the last forty years to justify any meaningful change at all in Section 4? Even if areas of discriminatory voting practices remain, surely they cannot mirror so exactly the areas of which this was true forty or fifty years ago.
From this starting place, Section 4 symbolizes that the issue of race remains so charged that our political system lacks the capacity to move forward to any extent at all. As Justice Kennedy put it at the argument: Congress “should use criteria that are relevant to the existing [conditions] – and Congress just didn’t have the time or the energy to do this; it just re-enacted it.” And despite the popular image that Section 4 is about protecting access to the ballot box, Section 4 long ago in practice became more about racial redistricting than access to the ballot box. While the Justice Department in recent decades blocked access changes on average fewer than twice a year, it blocked redistrictings nearly fourteen times as often. Indeed, in the 2006 Act itself, Congress itself did not rely primarily on ballot-box access problems to justify renewing Section 4, but on issues like redistricting. If Section 4 is “about” access to the ballot box in the public imagination, to the Court majority, I suspect, Section 4 is about racial redistricting.
Can this decision bring about any good? Well, it is possible because it should be clear now there is a total Republican assault on modernity and a world where white men don’t get to tell every one else what to do. The last election showed that the nation’s minorities and women were not about to let that happen again.
On its face, this looks like a big victory for Republicans. But is it really? I suspect it will turn out to be a poisoned chalice. Many of the GOP’s current problems stem from the fact that it is overly beholden to its white, Southern base, at a time when the country is rapidly becoming more racially diverse. In order to expand its base of power beyond the House of Representatives, the GOP needs to expand its appeal to minority voters. As the ongoing battle over immigration reform demonstrates, that process is going poorly and looks like it will be very difficult.
The Supreme Court’s decision to strike down a central provision of the Voting Rights Act will make it easier for Republicans to hold and expand their power in those mainly Southern states. That will, in turn, make it easier for them to hold the House. But it will also intensify the Southern captivity of the GOP, thereby making it harder for Republicans to broaden their appeal and win back the White House.
There is only so long that these neoconfederates can continue to push their backwards agendas through the federal government. They need to be thrown out of statehouses too. This seems to me an odd continuation of the Civil War. Nixon’s Southern Strategy will divide this country for decades to come. The hypocrisy of judicial overreach in this decision and most others that are penned by Scalia, Alito, Thomas, or Kennedy just oozes political scamming and it makes us all look bad. This is just another embarrassing attempt to stop the future. Future Courts will make hay of it.

















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