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These Truths: A History of the United States (Jill Lepore) - 1 views

  • It was meant to mark the start of a new era, in which the course of history might be made predictable and a government established that would be ruled not by accident and force but by reason and choice. The origins of that idea, and its fate, are the story of American history.
  • It seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.6 This was the question of that autumn. And, in a way, it has been the question of every season since,
  • I once came across a book called The Constitution Made Easy.7 The Constitution cannot be made easy. It was never meant to be easy.
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  • THE AMERICAN EXPERIMENT rests on three political ideas—“these truths,” Thomas Jefferson called them—political equality, natural rights, and the sovereignty of the people.
  • After Benjamin Franklin read Jefferson’s draft, he picked up his quill, scratched out the words “sacred & undeniable,” and suggested that “these truths” were, instead, “self-evident.” This was more than a quibble. Truths that are sacred and undeniable are God-given and divine, the stuff of religion. Truths that are self-evident are laws of nature, empirical and observable, the stuff of science. This divide has nearly rent the Republic apart.
  • The real dispute is between “these truths” and the course of events: Does American history prove these truths, or does it belie them?
  • The United States rests on a dedication to equality, which is chiefly a moral idea, rooted in Christianity, but it rests, too, on a dedication to inquiry, fearless and unflinching. Its founders agreed with the Scottish philosopher and historian David Hume, who wrote, in 1748, that “Records of Wars, Intrigues, Factions, and Revolutions are so many Collections of Experiments.”9 They believed that truth is to be found in ideas about morality but also in the study of history.
  • understanding history as a form of inquiry—not as something easy or comforting but as something demanding and exhausting—was central to the nation’s founding. This, too, was new.
  • A new kind of historical writing, less memorial and more unsettling, only first emerged in the fourteenth century. “History is a philosophical science,” the North African Muslim scholar Ibn Khaldun wrote in 1377, in the prologue to his history of the world, in which he defined history as the study “of the causes and origins of existing things.”11
  • Only by fits and starts did history become not merely a form of memory but also a form of investigation, to be disputed, like philosophy, its premises questioned, its evidence examined, its arguments countered.
  • Declaring independence was itself an argument about the relationship between the present and the past, an argument that required evidence of a very particular kind: historical evidence. That’s why most of the Declaration of Independence is a list of historical claims. “To prove this,” Jefferson wrote, “let facts be submitted to a candid world.”
  • In an attempt to solve this problem, the earliest historians of the United States decided to begin their accounts with Columbus’s voyage, stitching 1776 to 1492. George Bancroft published his History of the United States from the Discovery of the American Continent to the Present in 1834, when the nation was barely more than a half-century old, a fledgling, just hatched. By beginning with Columbus, Bancroft made the United States nearly three centuries older than it was, a many-feathered old bird.
  • In 1787, then, when Alexander Hamilton asked “whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force,” that was the kind of question a scientist asks before beginning an experiment. Time alone would tell. But time has passed. The beginning has come to an end. What, then, is the verdict of history?
  • In deciding what to leave in and what to leave out, I’ve confined myself to what, in my view, a people constituted as a nation in the early twenty-first century need to know about their own past, mainly because this book is meant to double as an old-fashioned civics book, an explanation of the origins and ends of democratic institutions, from the town meeting to the party system, from the nominating convention to the secret ballot, from talk radio to Internet polls. This book is chiefly a political
  • Aside from being a brief history of the United States and a civics primer, this book aims to be something else, too: it’s an explanation of the nature of the past. History isn’t only a subject; it’s also a method.
  • The truths on which the nation was founded are not mysteries, articles of faith, never to be questioned, as if the founding were an act of God, but neither are they lies, all facts fictions, as if nothing can be known, in a world without truth.
  • Between reverence and worship, on the one side, and irreverence and contempt, on the other, lies an uneasy path, away from false pieties and petty triumphs over people who lived and died and committed both their acts of courage and their sins and errors long before we committed ours. “We cannot hallow this ground,” Lincoln said at Gettysburg. We are obliged, instead, to walk this ground, dedicating ourselves to both the living and the dead.
  • studying history is like that, looking into one face and seeing, behind it, another, face after face after face. “Know whence you came,” Baldwin told his nephew.17 The past is an inheritance, a gift and a burden. It can’t be shirked. You carry it everywhere. There’s nothing for it but to get to know it.
  • Nature takes one toll, malice another. History is the study of what remains, what’s left behind, which can be almost anything, so long as it survives the ravages of time and war: letters, diaries, DNA, gravestones, coins, television broadcasts, paintings, DVDs, viruses, abandoned Facebook pages, the transcripts of congressional hearings, the ruins of buildings. Some of these things are saved by chance or accident, like the one house that, as if by miracle, still stands after a hurricane razes a town. But most of what historians study survives because it was purposely kept—placed
  • As nation-states emerged, they needed to explain themselves, which they did by telling stories about their origins, tying together ribbons of myths, as if everyone in the “English nation,” for instance, had the same ancestors, when, of course, they did not. Very often, histories of nation-states are little more than myths that hide the seams that stitch the nation to the state.15
  • When the United States declared its independence in 1776, plainly, it was a state, but what made it a nation? The fiction that its people shared a common ancestry was absurd on its face; they came from all over, and, having waged a war against England, the very last thing they wanted to celebrate was their Englishness.
  • Facts, knowledge, experience, proof. These words come from the law. Around the seventeenth century, they moved into what was then called “natural history”: astronomy, physics, chemistry, geology. By the eighteenth century they were applied to history and to politics, too. These truths: this was the language of reason, of enlightenment, of inquiry, and of history.
  • Against conquest, slaughter, and slavery came the urgent and abiding question, “By what right?”
  • Yet the origins of the United States date to 1492 for another, more troubling reason: the nation’s founding truths were forged in a crucible of violence, the products of staggering cruelty, conquest and slaughter, the assassination of worlds.
  • Locke, spurred both by a growing commitment to religious toleration and by a desire to distinguish English settlement from Spanish conquest, stressed the lack of cultivation as a better justification for taking the natives’ land than religious difference, an emphasis with lasting consequences.
  • Unlike Polo and Mandeville, Columbus did not make a catalogue of the ways and beliefs of the people he met (only later did he hire Pané to do that). Instead, he decided that the people he met had no ways and beliefs. Every difference he saw as an absence.22 Insisting that they had no faith and no civil government and were therefore infidels and savages who could not rightfully own anything, he claimed possession of their land, by the act of writing. They were a people without truth; he would make his truth theirs. He would tell them where the dead go.
  • It became commonplace, inevitable, even, first among the Spanish, and then, in turn, among the French, the Dutch, and the English, to see their own prosperity and good health and the terrible sicknesses suffered by the natives as signs from God. “Touching these savages, there is a thing that I cannot omit to remark to you,” one French settler wrote: “it appears visibly that God wishes that they yield their place to new peoples.” Death convinced them at once of their right and of the truth of their faith. “The natives, they are all dead of small Poxe,” John Winthrop wrote when he arrived in New England in 1630: “the Lord hathe cleared our title to what we possess.”
  • In much of New Spain, the mixed-race children of Spanish men and Indian women, known as mestizos, outnumbered Indians; an intricate caste system marked gradations of skin color, mixtures of Europeans, Native Americans, and Africans, as if skin color were like dyes made of plants, the yellow of sassafras, the red of beets, the black of carob. Later, the English would recognize only black and white, a fantasy of stark and impossible difference, of nights without twilight and days without dawns. And yet both regimes of race, a culture of mixing or a culture of pretending not to mix, pressed upon the brows of every person of the least curiosity the question of common humanity: Are all peoples one?
  • Elizabeth’s best defender argued that if God decided “the female should rule and govern,” it didn’t matter that women were “weake in nature, feable in bodie, softe in courage,” because God would make every right ruler strong. In any case, England’s constitution abided by a “rule mixte,” in which the authority of the monarch was checked by the power of Parliament; also, “it is not she that ruleth but the lawes.” Elizabeth herself called on yet another authority: the favor of the people.48 A mixed constitution, the rule of law, the will of the people: these were English ideas that Americans would one day make their own, crying, “Liberty!”
  • In the brutal, bloody century between Columbus’s voyage and John White’s, an idea was born, out of fantasy, out of violence, the idea that there exists in the world a people who live in an actual Garden of Eden, a state of nature, before the giving of laws, before the forming of government. This imagined history of America became an English book of genesis, their new truth. “In the beginning,” the Englishman John Locke would write, “all the world was America.” In America, everything became a beginning.
  • England’s empire would have a different character than that of either Spain or France. Catholics could make converts by the act of baptism, but Protestants were supposed to teach converts to read the Bible; that meant permanent settlements, families, communities, schools, and churches. Also, England’s empire would be maritime—its navy was its greatest strength. It would be commercial. And, of greatest significance for the course of the nation that would grow out of those settlements, its colonists would be free men, not vassals, guaranteed their “English liberties.”
  • Beginning with the Virginia charter, the idea of English liberties for English subjects was planted on American soil and, with it, the king’s claim to dominion, a claim that rested on the idea that people like Powhatan and his people lived in darkness and without government, no matter that the English called their leaders kings.
  • Twenty Englishmen were elected to the House of Burgesses. Twenty Africans were condemned to the house of bondage. Another chapter opened in the American book of genesis: liberty and slavery became the American Abel and Cain.
  • To build his case against the king, Coke dusted off a copy of an ancient and almost entirely forgotten legal document, known as Magna Carta (literally, the “great charter”), in which, in the year 1215, King John had pledged to his barons that he would obey the “law of the land.” Magna Carta wasn’t nearly as important as Coke made it out to be, but by arguing for its importance, he made it important, not only for English history, but for American history, too, tying the political fate of everyone in England’s colonies to the strange doings of a very bad king from the Middle Ages.
  • Magna Carta explains a great deal about how it is that some English colonists would one day come to believe that their king had no right to rule them and why their descendants would come to believe that the United States needed a written constitution. But Magna Carta played one further pivotal role, the role it played in the history of truth—a history that had taken a different course in England than in any other part of Europe.
  • The most crucial right established under Magna Carta was the right to a trial by jury.
  • in 1215, the pope banned trial by ordeal. In Europe, it was replaced by a new system of divine judgment: judicial torture. But in England, where there existed a tradition of convening juries to judge civil disputes—like disagreements over boundaries between neighboring freeholds—trial by ordeal was replaced not by judicial torture but by trial by jury.
  • This turn marked the beginning of a new era in the history of knowledge: it required a new doctrine of evidence and new method of inquiry and eventually led to the idea that an observed or witnessed act or thing—the substance, the matter, of fact—is the basis of truth. A judge decided the law; a jury decided the facts. Mysteries were matters of faith, a different kind of truth, known only to God.
  • The age of mystery began to wane, and, soon, the culture of fact spread from law to government.
  • There would never be very many Africans in New England, but New Englanders would have slave plantations, on the distant shores. Nearly half of colonial New Englanders’ wealth would come from sugar grown by West Indian slaves.
  • One million Europeans migrated to British America between 1600 and 1800 and two and a half million Africans were carried there by force over that same stretch of centuries, on ships that sailed past one another by day and by night.42 Africans died faster, but as a population of migrants, they outnumbered Europeans two and a half to one.
  • In the last twenty-five years of the seventeenth century, English ships, piloted by English sea captains, crewed by English sailors, carried more than a quarter of a million men, women, and children across the ocean, shackled in ships’ holds.44 Theirs was not a ship of state crossing a sea of troubles, another Mayflower, their bond a covenant. Theirs was a ship of slavery, their bonds forged in fire. They whispered and wept; they screamed and sat in silence. They grew ill; they grieved; they died; they endured.
  • By what right did the English hold these people as their slaves?
  • Under Roman law, all men are born free and can only be made slaves by the law of nations, under certain narrow conditions—for instance, when they’re taken as prisoners of war, or when they sell themselves as payment of debt. Aristotle had disagreed with Roman law, insisting that some men are born slaves. Neither of these traditions from antiquity proved to be of much use to English colonists attempting to codify their right to own slaves, because laws governing slavery, like slavery itself, had disappeared from English common law by the fourteenth century. Said one Englishman in Barbados in 1661, there was “no track to guide us where to walk nor any rule sett us how to govern such Slaves.”46
  • With no track or rule to guide them, colonial assemblies adopted new practices and devised new laws with which they attempted to establish a divide between “blacks” and “whites.”
  • Adopting these practices and passing these laws required turning English law upside down, because much in existing English law undermined the claims of owners of people. In 1655, a Virginia woman with an African mother and an English father sued for her freedom by citing English common law, under which children’s status follows that of their father, not their mother. In 1662, Virginia’s House of Burgesses answered doubts about “whether children got by any Englishman upon a Negro woman should be slave or ffree” by reaching back to an archaic Roman rule, partus sequitur ventrem (you are what your mother was). Thereafter, any child born of a woman who was a slave inherited her condition.
  • By giving Americans a more ancient past, he hoped to make America’s founding appear inevitable and its growth inexorable, God-ordained. He also wanted to celebrate the United States, not as an offshoot of England, but instead as a pluralist and cosmopolitan nation, with ancestors all over the world.
  • No book should be censored before publication, Milton argued (though it might be condemned after printing), because truth could only be established if allowed to do battle with lies. “Let her and falsehood grapple,” he urged, since, “whoever knew Truth to be put to the worst in a free and open encounter?” This view depended on an understanding of the capacity of the people to reason. The people, Milton insisted, are not “slow and dull, but of a quick, ingenious and piercing spirit, acute to invent, subtle and sinewy to discourse, not beneath the reach of any point the highest that human capacity can soar to.”52
  • All men, Locke argued, are born equal, with a natural right to life, liberty, and property; to protect those rights, they erect governments by consent. Slavery, for Locke, was no part either of a state of nature or of civil society. Slavery was a matter of the law of nations, “nothing else, but the state of war continued, between a lawful conqueror and a captive.” To introduce slavery in the Carolinas, then, was to establish, as fundamental to the political order, an institution at variance with everything about how Locke understood civil society.
  • Long before shots were fired at Lexington and Concord, long before George Washington crossed the Delaware, long before American independence was thought of, or even thinkable, a revolutionary tradition was forged, not by the English in America, but by Indians waging wars and slaves waging rebellions. They revolted again and again and again. Their revolutions came in waves that lashed the land. They asked the same question, unrelentingly: By what right are we ruled?
  • Rebellion hardened lines between whites and blacks. Before Bacon and his men burned Jamestown, poor Englishmen had very little political power. As many as three out of every four Englishmen and women who sailed to the colonies were either debtors or convicts or indentured servants; they weren’t slaves, but neither were they free.61 Property requirements for voting meant that not all free white men could vote. Meanwhile, the fact that slaves could be manumitted by their masters meant that it was possible to be both black and free and white and unfree. But after Bacon’s Rebellion, free white men were granted the right to vote, and it became nearly impossible for black men and women to secure their freedom. By 1680, one observer could remark that “these two words, Negro and Slave” had “grown Homogeneous and convertible”: to be black was to be a slave.
  • Benjamin Franklin eventually settled in the tidy Quaker town of Philadelphia and began printing his own newspaper, the Pennsylvania Gazette, in 1729. In its pages, he fought for freedom of the press. In a Miltonian 1731 “Apology for Printers,” he observed “that the Opinions of Men are almost as various as their Faces” but that “Printers are educated in the Belief, that when Men differ in Opinion, both Sides ought equally to have the Advantage of being heard by the Publick; and that when Truth and Error have fair Play, the former is always an overmatch for the latter.”
  • But if the culture of the fact hadn’t yet spread to newspapers, it had spread to history. In Leviathan, Thomas Hobbes had written that “The register of Knowledge of Fact is called History.”74 One lesson Americans would learn from the facts of their own history had to do with the limits of the freedom of the press, and this was a fact on which they dwelled, and a liberty they grew determined to protect.
  • Slavery does not exist outside of politics. Slavery is a form of politics, and slave rebellion a form of violent political dissent. The Zenger trial and the New York slave conspiracy were much more than a dispute over freedom of the press and a foiled slave rebellion: they were part of a debate about the nature of political opposition, and together they established its limits. Both Cosby’s opponents and Caesar’s followers allegedly plotted to depose the governor. One kind of rebellion was celebrated, the other suppressed—a division that would endure.
  • In American history, the relationship between liberty and slavery is at once deep and dark: the threat of black rebellion gave a license to white political opposition.
  • This, too, represented a kind of revolution: Whitefield emphasized the divinity of ordinary people, at the expense of the authority of their ministers.
  • he wrote in 1751 an essay about the size of the population, called “Observations concerning the Increase of Mankind, Peopling of Countries, &c.”
  • Franklin guessed the population of the mainland colonies to be about “One Million English Souls,” and his calculations suggested that this number would double every twenty-five years. At that rate, in only a century, “the greatest Number of Englishmen will be on this Side the Water.” Franklin’s numbers were off; his estimates weren’t too high; they were too low. At the time, more than 1.5 million people lived in Britain’s thirteen mainland colonies. Those colonies were far more densely settled than New France or New Spain. Only 60,000 French settlers lived in Canada and 10,000 more in Louisiana. New Spain was even more thinly settled.
  • he wrote about a new race, a people who were “white.” “The Number of purely white People in the World is proportionably very small,” Franklin began. As he saw it, Africans were “black”; Asians and Native Americans were “tawny”; Spaniards, Italians, French, Russians, Swedes, and Germans were “swarthy.” That left very few people, and chiefly the English, as the only “white people” in the world. “I could wish their Numbers were increased,” Franklin said, adding, wonderingly, “But perhaps I am partial to the Complexion of my Country, for such Kind of Partiality is natural to Mankind.”
  • Franklin’s “JOIN, or DIE” did some of that, too: it offered a lesson about the rulers and the ruled, and the nature of political communities. It made a claim about the colonies: they were parts of a whole.
  • When Benjamin Franklin began writing his autobiography, in 1771, he turned the story of his own escape—running away from his apprenticeship to his brother James—into a metaphor for the colonies’ growing resentment of parliamentary rule. James’s “harsh and tyrannical Treatment,” Franklin wrote, had served as “a means of impressing me with that Aversion to arbitrary Power that has stuck to me thro’ my whole Life.”7 But that was also the story of every runaway slave ad, testament after testament to an aversion to arbitrary power.
  • The American Revolution did not begin in 1775 and it didn’t end when the war was over. “The success of Mr. Lay, in sowing the seeds of . . . a revolution in morals, commerce, and government, in the new and in the old world, should teach the benefactors of mankind not to despair, if they do not see the fruits of their benevolent propositions, or undertakings, during their lives,” Philadelphia doctor Benjamin Rush later wrote.
  • There were not one but two American revolutions at the end of the eighteenth century: the struggle for independence from Britain, and the struggle to end slavery. Only one was won.
  • The Revolution was at its most radical in the challenge it presented to the institution of slavery and at its most conservative in its failure to meet that challenge. Still, the institution had begun to break, like a pane of glass streaked with cracks but not yet shattered.
  • “I wish our Poor Distracted State would atend to the many good Lessons” of history, Jane Franklin wrote to her brother, and not “keep always in a Flame.”21
  • After Annapolis, Madison went home to Virginia and resumed his course of study. In April of 1787, he drafted an essay called “Vices of the Political System of the United States.” It took the form of a list of eleven deficiencies,
  • it closed with a list of causes for these vices, which he located primarily “in the people themselves.” By this last he meant the danger that a majority posed to a minority: “In republican Government the majority however composed, ultimately give the law. Whenever therefore an apparent interest or common passion unites a majority what is to restrain them from unjust violations of the rights and interests of the minority, or of individuals?”27 What force restrains good men from doing bad things? Honesty, character, religion—these, history demonstrated, were not to be relied upon. No, the only force that could restrain the tyranny of the people was the force of a well-constructed constitution. It would have to be as finely wrought as an iron gate.
  • At the convention, it proved impossible to set the matter of slavery aside, both because the question of representation turned on it and because any understanding of the nature of tyranny rested on it. When Madison argued about the inevitability of a majority oppressing a minority, he cited ancient history, and told of how the rich oppressed the poor in Greece and Rome. But he cited, too, modern American history. “We have seen the mere distinction of color made in the most enlightened period of time, the ground of the most oppressive dominion ever exercised by man over man.”40
  • If not for the three-fifths rule, the representatives of free states would have outnumbered representatives of slave states by 57 to 33.44
  • Wilson, half Franklin’s age, read his remarks instead. “Mr. President,” he began, addressing Washington, “I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them.” He suggested that he might, one day, change his mind. “For having lived long, I have experienced many instances of being obliged by better information, or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others.” Hoping to pry open the minds of delegates who were closed to the compromise before them, he reminded them of the cost of zealotry. “Most men indeed as well as most sects in Religion, think themselves in possession of all truth, and that wherever others differ from them it is so far error.” But wasn’t humility the best course, in such circumstances? “Thus I consent, Sir, to this Constitution,” he closed, “because I expect no better, and because I am not sure, that it is not the best.”
  • Except for the Massachusetts Constitution, in 1780, and the second New Hampshire Constitution, in 1784, no constitution, no written system of government, had ever before been submitted to the people for their approval. “This is a new event in the history of mankind,” said the governor of Connecticut at his state’s ratification convention.
  • Nearly everything Washington did set a precedent. What would have happened if he had decided, before taking that oath of office, to emancipate his slaves? He’d grown disillusioned with slavery; his own slaves, and the greater number of slaves owned by his wife, were, to him, a moral burden, and he understood very well that for all the wealth generated by forced, unpaid labor, the institution of slavery was a moral burden to the nation. There is some evidence—slight though it is—that Washington drafted a statement announcing that he intended to emancipate his slaves before assuming the presidency. (Or maybe that statement, like Washington’s inaugural address, had been written by Hamilton, a member of New York’s Manumission Society.) This, too, Washington understood, would have established a precedent: every president after him would have had to emancipate his slaves. And yet he would not, could not, do it.65 Few of Washington’s decisions would have such lasting and terrible consequences as this one failure to act.
  • In the century and a half between the Connecticut charter and the 1787 meeting of the constitutional convention lies an entire revolution—not just a political revolution but also a religious revolution. So far from establishing a religion, the Constitution doesn’t even mention “God,” except in naming the date (“the year of our Lord . . .”). At a time when all but two states required religious tests for office, the Constitution prohibited them. At a time when all but three states still had an official religion, the Bill of Rights forbade the federal government from establishing one. Most Americans believed, with Madison, that religion can only thrive if it is no part of government, and that a free government can only thrive if it is no part of religion.
  • The replacement of debtors’ prison with bankruptcy protection would change the nature of the American economy, spurring investment, speculation, and the taking of risks.
  • as early as 1791, Madison had begun to revise his thinking. In an essay called “Public Opinion,” he considered a source of instability particular to a large republic: the people might be deceived. “The larger a country, the less easy for its real opinion to be ascertained,” he explained. That is, factions might not, in the end, consist of wise, knowledgeable, and reasonable men. They might consist of passionate, ignorant, and irrational men, who had been led to hold “counterfeit” opinions by persuasive men. (Madison was thinking of Hamilton and his ability to gain public support for his financial plan.)
  • The way out of this political maze was the newspaper. “A circulation of newspapers through the entire body of the people,” he explained, “is equivalent to a contraction of territorial limits.” Newspapers would make the country, effectively, smaller.90 It was an ingenious idea. It would be revisited by each passing generation of exasperated advocates of republicanism. The newspaper would hold the Republic together; the telegraph would hold the Republic together; the radio would hold the Republic together; the Internet would hold the Republic together. Each time, this assertion would be both right and terribly wrong.
  • Newspapers in the early republic weren’t incidentally or inadvertently partisan; they were entirely and enthusiastically partisan. They weren’t especially interested in establishing facts; they were interested in staging a battle of opinions. “Professions of impartiality I shall make none,” wrote a Federalist printer. “They are always useless, and are besides perfect nonsense.”92
  • Washington’s Farewell Address consists of a series of warnings about the danger of disunion. The North and the South, the East and the West, ought not to consider their interests separate or competing, Washington urged: “your union ought to be considered as a main prop of your liberty.” Parties, he warned, were the “worst enemy” of every government, agitating “the community with ill-founded jealousies and false alarms,” kindling “the animosity of one part against another,” and even fomenting “riot and insurrection.”
  • As to the size of the Republic, “Is there a doubt whether a common government can embrace so large a sphere? Let experience solve it.” The American experiment must go on. But it could only thrive if the citizens were supported by religion and morality, and if they were well educated. “Promote, then, as an object of primary importance, institutions for the general diffusion of knowledge,” he urged. “In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.”95
  • “Passion” or variants of the word appear seven times in the Farewell; it is the source of every problem; reason is its only remedy. Passion is a river. There would be no changing its course.
  • Adams and Jefferson lived in an age of quantification. It began with the measurement of time. Time used to be a wheel that turned, and turned again; during the scientific revolution, time became a line. Time, the easiest quantity to measure, became the engine of every empirical inquiry: an axis, an arrow. This new use and understanding of time contributed to the idea of progress—if time is a line instead of a circle, things can get better and even better, instead of forever rising and falling in endless cycles, like the seasons. The idea of progress animated American independence and animated, too, the advance of capitalism.
  • The quantification of time led to the quantification of everything else: the counting of people, the measurement of their labor, and the calculation of profit as a function of time. Keeping time and accumulating wealth earned a certain equivalency. “Time is money,” Benjamin Franklin used to say.
  • The two-party system turned out to be essential to the strength of the Republic. A stable party system organizes dissent. It turns discontent into a public good. And it insures the peaceful transfer of power, in which the losing party willingly, and without hesitation, surrenders its power to the winning party.
  • Behind Madison’s remarks about “lessening the proportion of slaves to the free people,” behind Jefferson’s tortured calculations about how many generations would have to pass before his own children could pass for “white,” lay this hard truth: none of these men could imagine living with descendants of Africans as political equals.
  • If the battle between John Adams and Thomas Jefferson had determined whether aristocracy or republicanism would prevail (and, with Jefferson, republicanism won), the battle between Andrew Jackson and John Quincy Adams would determine whether republicanism or democracy would prevail (and, with Jackson, democracy would, eventually, win). Jackson’s rise to power marked the birth of American populism. The argument of populism is that the best government is that most closely directed by a popular majority.
  • He was provincial, and poorly educated. (Later, when Harvard gave Jackson an honorary doctorate, John Quincy Adams refused to attend the ceremony, calling him “a barbarian who could not write a sentence of grammar and hardly could spell his own name.”)68 He had a well-earned reputation for being ferocious, ill-humored, and murderous, on the battlefield and off. When he ran for president, he had served less than a year in the Senate. Of his bid for the White House Jefferson declared, “He is one of the most unfit men I know of for such a place.”69 Jackson made a devilishly shrewd decision. He would make his lack of certain qualities—judiciousness, education, political experience—into strengths.
  • Eaton, who ran Jackson’s campaign, shrewdly revised his Life of Andrew Jackson, deleting or dismissing everything in Jackson’s past that looked bad and lavishing attention on anything that looked good and turning into strengths what earlier had been considered weaknesses: Eaton’s Jackson wasn’t uneducated; he was self-taught. He wasn’t ill-bred; he was “self-made.”
  • Watching the rise of American democracy, an aging political elite despaired, and feared that the Republic could not survive the rule of the people. Wrote John Randolph of Virginia, “The country is ruined past redemption.”
  • “The first principle of our system,” Jackson said, “is that the majority is to govern.” He bowed to the people. Then, all at once, the people nearly crushed him with their affection.
  • The democratization of American politics was hastened by revivalists like Stewart who believed in the salvation of the individual through good works and in the equality of all people in the eyes of God. Against that belief stood the stark and brutal realities of an industrializing age, the grinding of souls.
  • The great debates of the middle decades of the nineteenth century had to do with the soul and the machine. One debate merged religion and politics. What were the political consequences of the idea of the equality of souls? Could the soul of America be redeemed from the nation’s original sin, the Constitution’s sanctioning of slavery?
  • Another debate merged politics and technology. Could the nation’s new democratic traditions survive in the age of the factory, the railroad, and the telegraph? If all events in time can be explained by earlier events in time, if history is a line, and not a circle, then the course of events—change over time—is governed by a set of laws, like the laws of physics, and driven by a force, like gravity. What is that force? Is change driven by God, by people, or by machines? Is progress the progress of Pilgrim’s Progress, John Bunyan’s 1678 allegory—the journey of a Christian from sin to salvation? Is progress the extension of suffrage, the spread of democracy? Or is progress invention, the invention of new machines?
  • A distinctively American idea of progress involved geography as destiny, picturing improvement as change not only over time but also over space.
  • If the sincerity of converts was often dubious, another kind of faith was taking deeper root in the 1820s, an evangelical faith in technological progress, an unquestioning conviction that each new machine was making the world better. That faith had a special place in the United States, as if machines had a distinctive destiny on the American continent. In prints and paintings, “Progress” appeared as a steam-powered locomotive, chugging across the continent, unstoppable. Writers celebrated inventors as “Men of Progress” and “Conquerors of Nature” and lauded their machines as far worthier than poetry. The triumph of the sciences over the arts meant the defeat of the ancients by the moderns. The genius of Eli Whitney, hero of modernity, was said to rival that of Shakespeare; the head of the U.S. Patent Office declared the steamboat “a mightier epic” than the Iliad.18
  • To Jackson’s supporters, his election marked not degeneration but a new stage in the history of progress. Nowhere was this argument made more forcefully, or more influentially, than in George Bancroft’s History of the United States from the Discovery of the American Continent to the Present. The book itself, reviewers noted, voted for Jackson. The spread of evangelical Christianity, the invention of new machines, and the rise of American democracy convinced Bancroft that “humanism is steady advancing,” and that “the advance of liberty and justice is certain.” That advance, men like Bancroft and Jackson believed, required Americans to march across the continent, to carry these improvements from east to west, the way Jefferson had pictured it. Democracy, John O’Sullivan, a New York lawyer and Democratic editor, argued in 1839, is nothing more or less than “Christianity in its earthly aspect.” O’Sullivan would later coin the term “manifest destiny” to describe this set of beliefs, the idea that the people of the United States were fated “to over spread and to possess the whole of the continent which Providence has given for the development of the great experiment of liberty.”23
  • To evangelical Democrats, Democracy, Christianity, and technology were levers of the same machine. And yet, all along, there were critics and dissenters and objectors who saw, in the soul of the people, in the march of progress, in the unending chain of machines, in the seeming forward movement of history, little but violence and backwardness and a great crushing of men, women, and children. “Oh, America, America,” Maria Stewart cried, “foul and indelible is thy stain!”24
  • The self-evident, secular truths of the Declaration of Independence became, to evangelical Americans, the truths of revealed religion. To say that this marked a turn away from the spirit of the nation’s founding is to wildly understate the case. The United States was founded during the most secular era in American history, either before or since. In the late eighteenth century, church membership was low, and anticlerical feeling was high.
  • The United States was not founded as a Christian nation. The Constitution prohibits religious tests for officeholders. The Bill of Rights forbids the federal government from establishing a religion, James Madison having argued that to establish
  • The separation of church and state allowed religion to thrive; that was one of its intentions. Lacking an established state religion, Americans founded new sects, from Shakers to Mormons, and rival Protestant denominations sprung up in town after town. Increasingly, the only unifying, national religion was a civil religion, a belief in the American creed. This faith bound the nation together, and provided extraordinary political stability in an era of astonishing change,
  • Slavery wasn’t an aberration in an industrializing economy; slavery was its engine. Factories had mechanical slaves; plantations had human slaves. The power of machines was measured by horsepower, the power of slaves by hand power. A healthy man counted as “two hands,” a nursing woman as a “half-hand,” a child as a “quarter-hand.”
  • With Walker, the antislavery argument for gradual emancipation, with compensation for slave owners, became untenable. Abolitionists began arguing for immediate emancipation. And southern antislavery societies shut their doors. As late as 1827, the number of antislavery groups in the South had outnumbered those in the North by more than four to one. Southern antislavery activists were usually supporters of colonization, not of emancipation. Walker’s Appeal ended the antislavery movement in the South and radicalized it in the North.
  • The rebellion rippled across the Union. The Virginia legislature debated the possibility of emancipating its slaves, fearing “a Nat Turner might be in every family.” Quakers submitted a petition to the state legislature calling for abolition. The petition was referred to a committee, headed by Thomas Jefferson’s thirty-nine-year-old grandson, Thomas Jefferson Randolph, who proposed a scheme of gradual emancipation. Instead, the legislature passed new laws banning the teaching of slaves to read and write, and prohibiting, too, teaching slaves about the Bible.43 In a nation founded on a written Declaration, made sacred by evangelicals during a religious revival, reading about equality became a crime.
  • One consequence of the rise of Jacksonian democracy and the Second Great Awakening was the participation of women in the reformation of American politics by way of American morals. When suffrage was stripped of all property qualifications, women’s lack of political power became starkly obvious. For women who wished to exercise power, the only source of power seemingly left to them was their role as mothers, which, they suggested, rendered them morally superior to men—more loving, more caring, and more responsive to the cries of the weak.
  • Purporting to act less as citizens than as mothers, cultivating the notion of “republican motherhood,” women formed temperance societies, charitable aid societies, peace societies, vegetarian societies, and abolition societies. The first Female Anti-Slavery Society was founded in Boston in 1833; by 1837, 139 Female Anti-Slavery Societies had been founded across the country,
  • After 1835, she never again spoke in public. As Catherine Beecher argued in 1837, in An Essay on Slavery and Abolitionism, with Reference to the Duty of American Females, “If the female advocate chooses to come upon a stage, and expose her person, dress, and elocution to public criticism, it is right to express disgust.”
  • Jacksonian democracy distributed political power to the many, but industrialization consolidated economic power in the hands of a few. In Boston, the top 1 percent of the population controlled 10 percent of wealth in 1689, 16 percent in 1771, 33 percent in 1833, and 37 percent in 1848, while the lowest 80 percent of the population controlled 39 percent of the wealth in 1689, 29 percent in 1771, 14 percent in 1833, and a mere 4 percent in 1848.
  • In New York, the top 1 percent of the population controlled 40 percent of the wealth in 1828 and 50 percent in 1845; the top 4 percent of the population controlled 63 percent of the wealth in 1828 and 80 percent in 1845.49
  • While two and a half million Europeans had migrated to all of the Americas between 1500 and 1800, the same number—two and a half million—arrived specifically in the United States between 1845 and 1854 alone. As a proportion of the U.S. population, European immigrants grew from 1.6 percent in the 1820s to 11.2 percent in 1860. Writing in 1837, one Michigan reformer called the nation’s rate of immigration “the boldest experiment upon the stability of government ever made in the annals of time.”51 The largest
  • Critics of Jackson—himself the son of Irish immigrants—had blamed his election on the rising population of poor, newly enfranchised Irishmen. “Everything in the shape of an Irishman was drummed to the polls,” one newspaper editor wrote in 1828.52 By 1860, more than one in eight Americans were born in Europe, including 1.6 million Irish and 1.2 million Germans, the majority of whom were Catholic. As the flood of immigrants swelled, the force of nativism gained strength, as did hostility toward Catholics, fueled by the animus of evangelical Protestants.
  • The insularity of both Irish and German communities contributed to a growing movement to establish tax-supported public elementary schools, known as “common schools,” meant to provide a common academic and civic education to all classes of Americans. Like the extension of suffrage to all white men, this element of the American experiment propelled the United States ahead of European nations. Much of the movement’s strength came from the fervor of revivalists. They hoped that these new schools would assimilate a diverse population of native-born and foreign-born citizens by introducing them to the traditions of American culture and government, so that boys, once men, would vote wisely, and girls, once women, would raise virtuous children. “It is our duty to make men moral,” read one popular teachers’ manual, published in 1830. Other advocates hoped that a shared education would diminish partisanship. Whatever the motives of its advocates, the common school movement emerged out of, and nurtured, a strong civic culture.56
  • With free schools, literacy spread, and the number of newspapers rose, a change that was tied to the rise of a new party system. Parties come and go, but a party system—a stable pair of parties—has characterized American politics since the ratification debates. In American history the change from one party system to another has nearly always been associated with a revolution in communications that allows the people to shake loose of the control of parties. In the 1790s, during the rise of the first party system, which pitted Federalists against Republicans, the number of newspapers had swelled. During the shift to the second party system, which, beginning in 1833, pitted Democrats against the newly founded Whig Party, not only did the number of newspapers rise, but their prices plummeted.
  • The newspapers of the first party system, which were also known as “commercial advertisers,” had consisted chiefly of partisan commentary and ads, and generally sold for six cents an issue. The new papers cost only one cent, and were far more widely read. The rise of the so-called penny press also marked the beginning of the triumph of “facts” over “opinion” in American journalism, mainly because the penny press aimed at a different, broader, and less exclusively partisan, audience. The New York Sun appeared in 1833. “It shines for all” was its common-man motto. “The object of this paper is to lay before the public, at a price within the means of everyone, ALL THE NEWS OF THE DAY,” it boasted. It dispensed with subscriptions and instead was circulated at newsstands, where it was sold for cash, to anyone who had a ready penny. Its front page was filled not with advertising but with news. The penny press was a “free press,” as James Gordon Bennett of the New York Herald put it, because it wasn’t beholden to parties. (Bennett, born in Scotland, had immigrated to the United States after reading Benjamin Franklin’s Autobiography.) Since the paper was sold at newsstands, rather than mailed to subscribers, he explained, its editors and writers were “entirely ignorant who are its readers and who are not.” They couldn’t favor their readers’ politics because they didn’t know them. “We shall support no party,” Bennett insisted. “We shall endeavor to record facts.”
  • During the days of the penny press, Tocqueville observed that Americans had a decided preference for weighing the facts of a matter themselves: They mistrust systems; they adhere closely to facts and study facts with their own senses. As they do not easily defer to the mere name of any fellow man, they are never inclined to rest upon any man’s authority; but, on the contrary, they are unremitting in their efforts to find out the weaker points of their neighbor’s doctrine.60
  • For centuries, Europeans had based their claims to lands in the New World on arguments that native peoples had no right to the land they inhabited, no sovereignty over it, because they had no religion, or because they had no government, or because they had no system of writing. The Cherokees, with deliberation and purpose, challenged each of these arguments.
  • Britain, Calhoun argued that if a state were to decide that a law passed by Congress was unconstitutional, the Constitution would have to be amended, and if such an amendment were not ratified—if it didn’t earn the necessary approval of three-quarters of the states—the objecting state would have the right to secede from the Union. The states had been sovereign before the Constitution was ever written, or even thought of, Calhoun argued, and they remained sovereign. Calhoun also therefore argued against majority rule; nullification is fundamentally anti-majoritarian. If states can secede, the majority does not rule.78 The nullification crisis was
  • New York abolished debtors’ prison in 1831, and in 1841, Congress passed a federal law offering bankruptcy protection to everyone. Within two years, 41,000 Americans had filed for bankruptcy. Two years later, the law was repealed, but state laws continued to offer bankruptcy protection and, still more significantly, debtors’ prisons were gone for good. In Britain and all of Europe except Portugal, offenders were still being thrown in debtors’ prison (a plot that animated many a nineteenth-century novel); in the United States, debtors could declare bankruptcy and begin again.
  • A nation of debtors, Americans came to see that most people who fall into debt are victims of the business cycle and not of fate or divine retribution or the wheel of fortune. The nation’s bankruptcy laws, even as they came and went again, made taking risks less risky for everyone, which meant that everyone took more risks.
  • the geographical vastness of the United States meant that the anxiety about the machinery of industrial capitalism took the form not of Marxism, with its argument that “the history of all hitherto existing society is the history of class struggles,” but instead of a romance with nature, and with the land, and with all things rustic. Against the factory, Americans posed not a socialist utopia but the log cabin.
  • Were all these vast designs and rapid strides worth it? Thoreau thought not. He came to this truth: “They are but improved means to an unimproved end.”112
  • Expansion, even more than abolition, pressed upon the public the question of the constitutionality of slavery. How or even whether this crisis would be resolved was difficult to see not only because of the nature of the dispute but also because there existed very little agreement about who might resolve it: Who was to decide whether a federal law was unconstitutional?
  • In the midst of all this clamoring among the thundering white-haired patriarchs of American politics, there emerged the idea that the authority to interpret the Constitution rests with the people themselves. Or, at least, this became a rather fashionable thing to say. “It is, Sir, the people’s Constitution, the people’s government, made for the people, made by the people, and answerable to the people,” Daniel Webster roared from the floor of Congress.14 Every man could read and understand the Constitution, Webster insisted.
  • The Notes, it appeared, could be read as variously as the Constitution itself. As one shrewd observer remarked, “The Constitution threatens to be a subject of infinite sects, like the Bible.” And, as with many sects, those politicians who most strenuously staked their arguments on the Constitution often appeared the least acquainted with it. Remarked New York governor Silas Wright, “No one familiar with the affairs of our government, can have failed to notice how large a proportion of our statesmen appear never to have read the Constitution of the United States with a careful reference to its precise language and exact provisions, but rather, as occasion presents, seem to exercise their ingenuity . . . to stretch both to the line of what they, at the moment, consider expedient.”22
  • A NATION HAS borders but the edges of an empire are frayed.23 While abolitionists damned the annexation of Texas as an extension of the slave power, more critics called it an act of imperialism, inconsistent with a republican form of government. “We have a republic, gentlemen, of vast extent and unequalled natural advantages,” Daniel Webster pointed out. “Instead of aiming to enlarge its boundaries, let us seek, rather, to strengthen its union.”24 Webster lost that argument, and, in the end, it was the American reach for empire that, by sundering the Union, brought about the collapse of slavery.
  • Although hardly ever reported in the press, the years between 1830 and 1860 saw more than one hundred incidents of violence between congressmen, from melees in the aisles to mass brawls on the floor, from fistfights and duels to street fights. “It is the game of these men, and of their profligate organs,” Dickens wrote, “to make the strife of politics so fierce and brutal, and so destructive of all self-respect in worthy men, that sensitive and delicate-minded persons shall be kept aloof, and they, and such as they, be left to battle out their selfish views unchecked.”
  • They spat venom. They pulled guns. They unsheathed knives. Divisions of party were abandoned; the splinter in Congress was sectional. Before heading to the Capitol every morning, southern congressmen strapped bowie knives to their belts and tucked pistols into their pockets. Northerners, on principle, came unarmed. When northerners talked about the slave power, they meant that literally.32
  • If the United States were to acquire territory from Mexico, and if this territory were to enter the Union, would Mexicans become American citizens? Calhoun, now in the Senate, vehemently opposed this idea. “I protest against the incorporation of such a people,” he declared. “Ours is the government of the white man.”
  • And yet, as different as were Wilmot’s interests from Calhoun’s, they were both interested in the rights of white men, as Wilmot made plain. “I plead the cause of the rights of white freemen,” he said. “I would preserve for free white labor a fair country, a rich inheritance, where the sons of toil, of my own race and own color, can live without the disgrace which association with negro slavery brings upon free labor.”
  • If the problem was the size of the Republic, the sprawl of its borders, the frayed edges of empire, couldn’t railroads, and especially the telegraph, tie the Republic together? “Doubt has been entertained by many patriotic minds how far the rapid, full, and thorough intercommunication of thought and intelligence, so necessary to the people living under a common representative republic, could be expected to take place throughout such immense bounds,” said one House member in 1845, but “that doubt can no longer exist.”45
  • even Americans with an unflinching faith in machine-driven progress understood that a pulse along a wire could not stop the slow but steady dissolution of the Union.
  • the Treaty of Guadalupe Hidalgo, under which the top half of Mexico became the bottom third of the United States. The gain to the United States was as great as the loss to Mexico. In 1820, the United States of America had spanned 1.8 million square miles, with a population of 9.6 million people; Mexico had spanned 1.7 million square miles, with a population of 6.5 million people. By 1850, the United States had acquired one million square miles of Mexico, and its population had grown to 23.2 million; Mexico’s population was 7.5 million.49
  • The Louisiana Purchase had doubled the size of the United States. In gaining territory from Mexico, the United States grew by 64 percent.
  • the territory comprising the United States had grown to “nearly ten times as large as the whole of France and Great Britain combined; three times as large as the whole of France, Britain, Austria, Prussia, Spain, Portugal, Belgium, Holland, and Denmark, together; one-and-a-half times as large as the Russian empire in Europe; one-sixth less only than the area covered by the fifty-nine or sixty empires, states, and Republics of Europe; of equal extent with the Roman Empire or that of Alexander, neither of which is said to have exceeded 3,000,000 square miles.”50
  • Sentiment was not Fuller’s way; debate was her way. She was a scourge of lesser intellects. Edgar Allan Poe, whose work she did not admire, described her as wearing a perpetual sneer. In “The Great Lawsuit: Man versus Men, Woman versus Women,” Fuller argued that the democratization of American politics had cast light on the tyranny of men over women: “As men become aware that all men have not had their fair chance,” she observed, women had become willing to say “that no women have had a fair chance.”
  • In 1845, in Woman in the Nineteenth Century, Fuller argued for fundamental and complete equality: “We would have every path laid open to Woman as freely as to Man.”56 The book was wildly successful, and Greeley, who had taken to greeting Fuller with one of her catchphrases about women’s capacity—“Let them be sea-captains, if you will”—sent her to Europe to become his newspaper’s foreign correspondent.
  • Reeling from those revolutions, the king of Bavaria asked the historian Leopold von Ranke to explain why his people had rebelled against monarchial rule, as had so many peoples in Europe that year. “Ideas spread most rapidly when they have found adequate concrete expression,” Ranke told the king, and the United States had “introduced a new force in the world,” the idea that “the nation should govern itself,” an idea that would determine “the course of the modern world”: free speech, spread by wire, would make the whole world free.61
  • Unlike Thoreau, who cursed the railroads, Free-Soilers believed in improvement, improvement through the hard work of the laboring man, his power, his energy. “Our paupers to-day, thanks to free labor, are our yeoman and merchants of tomorrow,” the New York Times boasted. “Why, who are the laboring people of the North?” Daniel Webster asked. “They are the whole North. They are the people who till their own farms with their own hands, freeholders, educated men, independent men.”
  • This attack by northerners led southerners to greater exertions in defending their way of life. They battled on several fronts. They described northern “wage slavery” as a far more exploitative system of labor than slavery. They celebrated slavery as fundamental to American prosperity. Slavery “has grown with our growth, and strengthened with our strength,” Calhoun said. And they elaborated an increasingly virulent ideology of racial difference, arguing against the very idea of equality embodied in the American creed.
  • Conservative Virginian George Fitzhugh, himself inspired by ethnological thinking, dismissed the “self-evident truths” of the Declaration of Independence as utter nonsense. “Men are not born physically, morally, or intellectually equal,” he wrote. “It would be far nearer the truth to say, ‘that some were born with saddles on their backs, and others booted and spurred to ride them,’—and the riding does them good.”
  • For Fitzhugh, the error had begun in the imaginations of the philosophes of the Enlightenment and in their denial of the reality of history. Life and liberty are not “inalienable rights,” Fitzhugh argued: instead, people “have been sold in all countries, and in all ages, and must be sold so long as human nature lasts.” Equality means calamity: “Subordination, difference of caste and classes, difference of sex, age, and slavery beget peace and good will.”
  • Progress is an illusion: “the world has not improved in the last two thousand, probably four thousand years.” Perfection is to be found in the past, not in the future.66 As for the economic systems of the North and the South, “Free laborers have not a thousandth part of the rights and liberties of negro slaves,” Fitzhugh insisted. “The negro slaves of the South are the happiest, and, in some sense, the freest people in the world.”67
  • HISTORY TEEMS WITH mishaps and might-have-beens: explosions on the Potomac, storms not far from port, narrowly contested elections, court cases lost and won, political visionaries drowned. But over the United States in the 1850s, a sense of inevitability fell, as if there were a fate, a dismal dismantlement, that no series of events or accidents could thwart.
  • over the United States in the 1850s, a sense of inevitability fell, as if there were a fate, a dismal dismantlement, that no series of events or accidents could thwart.
  • Douglas promoted the idea of popular sovereignty, proclaiming, “If there is any one principle dearer and more sacred than all others in free governments, it is that which asserts the exclusive right of a free people to form and adopt their own fundamental law.”75 Unfree people, within Stephen Douglas’s understanding, had no such rights.
  • the Fugitive Slave Law, required citizens to turn in runaway slaves and denied fugitives the right to a jury trial. The law, said Harriet Jacobs, a fugitive slave living in New York, marked “the beginning of a reign of terror to the colored population.”76 Bounty hunters and slave catchers hunted down and captured former slaves and returned them to their owners for a fee. Little stopped them from seizing men, women, and children who had been born free, or who had been legally emancipated, and selling them to the South, too. Nothing so brutally exposed the fragility of freedom or the rapaciousness of slavery.
  • February 1854, at their convention in Philadelphia, northern Know-Nothings proposed a platform plank calling for the reinstatement of the Missouri Compromise. When that motion was rejected, some fifty delegates from eight northern states bolted: they left the convention, and the party, to set up their own party, the short-lived North American Party. Nativism would endure as a force in American politics, but, meanwhile, nativists split over slavery.
  • Lincoln’s was the language of free soil, free speech, and free labor. He grounded his argument against slavery in his understanding of American history, in the language of Frederick Douglass, and in his reading of the Constitution. “Let no one be deceived,” he said. “The spirit of seventy-six and the spirit of Nebraska, are utter antagonisms.”
  • As a nation, we began by declaring that “all men are created equal.” We now practically read it “all men are created equal, except negroes.” When the Know-Nothings get control, it will read “all men are created equal, except negroes, and foreigners, and Catholics.” When it comes to this I should prefer emigrating to some country where they make no pretense of loving liberty—to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocrisy.
  • “That negroes, whether slave or free, that is, men of the African race, are not citizens of the United States by the Constitution.” The implications of the ruling stunned his readers. Even Americans who held no strong views on the question of slavery—and they were rare enough—were nonetheless shocked by the court’s exercise of the authority to determine the unconstitutionality of the law.
  • “A large meeting of colored people” was held in Philadelphia in April, at which it was resolved that “the only duty the colored man owes to a Constitution under which he is declared to be an inferior and degraded being, having no rights which white men are bound to respect, is to denounce and repudiate it, and to do what he can by all proper means to bring it into contempt.”
  • “You may close your Supreme Court against the black man’s cry for justice, but you cannot, thank God, close against him the ear of a sympathising world, nor shut up the Court of Heaven.” Taney’s interpretation of the Constitution would be ignored, Douglass predicted. “Slavery lives in this country not because of any paper Constitution, but in the moral blindness of the American people.”102
  • APHOTOGRAPH STOPS TIME, TRAPPING IT LIKE A BUTTERFLY in a jar.
  • No other kind of historical evidence has this quality of instantaneity, of an impression taken in a moment, in a flicker, an eye opened and then shut. Photographs also capture the ordinary, the humble, the speechless. The camera discriminates between light and dark but not between the rich and the poor, the literate and the illiterate, the noisy and the quiet.
  • portraits were also closely associated with death, with being trapped in time, on glass, for eternity, and, even more poignantly, with equality.3 With photography, Walt Whitman predicted, “Art will be democratized.”
  • Morse had long predicted that the telegraph would usher in an age of world peace. “I trust that one of its effects will be to bind man to his fellow-man in such bonds of amity as to put an end to war,” he insisted.8 War was a failure of technology, Morse argued, a shortcoming of communication that could be remedied by way of a machine. Endowing his work with the grandest of purposes, he believed that the laying of telegraph wires across the American continent would bind the nation together into one people, and that the laying of cable across the ocean would bind Europe to the Americas, ushering in the dawn of an age of global harmony.
  • But war isn’t a failure of technology; it’s a failure of politics.
  • Debate is to war what trial by jury is to trial by combat: a way to settle a dispute without coming to blows. The form and its rules had been established over centuries. They derived from rules used in the courts and in Parliament, and even from the rules of rhetoric used in the writing of poetry. Since the Middle Ages and the founding of the first universities, debate had been the foundation of a liberal arts education.
  • (Etymologically and historically, the artes liberales are the arts acquired by people who are free, or liber.)10 In the eighteenth century, debate was understood as the foundation of civil society. In 1787, delegates to the constitutional convention had agreed to “to argue without asperity, and to endeavor to convince the judgment without hurting the feelings of each other.”
  • Some twelve thousand people showed up for their first debate, at two o’clock in the afternoon on August 21, in Ottawa, Illinois. There were no seats; the audience stood, without relief, for three hours.
  • They’d agreed to strict rules: the first speaker would speak for an hour and the second for an hour and a half, whereupon the first speaker would offer a thirty-minute rebuttal.
  • And, as to the wrongness of slavery, he called it tyranny, and the idea of its naturalness as much an error as a belief in the divine right of kings. The question wasn’t sectionalism or nationalism, the Democratic Party or the Republican Party. The question was right against wrong. “That is the issue that will continue in this country when these poor tongues of Judge Douglas and myself shall be silent,” Lincoln said.16
  • The price of slaves grew so high that a sizable number of white southerners urged the reopening of the African slave trade. In the 1850s, legislatures in several states, including South Carolina, proposed reopening the trade. Adopting this measure would have violated federal law. Some “reopeners” believed that the federal ban on the trade was unconstitutional; others were keen to nullify it, in a dress rehearsal for secession.
  • “If it is right to buy slaves in Virginia and carry them to New Orleans, why is it not right to buy them in Cuba, Brazil, or Africa and carry them there?”21 Proslavery southerners made these arguments under the banner of “free trade,” their rhetorical answer to “free labor.”
  • To George Fitzhugh, all societies were “at all times and places, regulated by laws as universal and as similar as those which control the affairs of bees,” and trade itself, including the slave trade, was “as old, as natural, and irresistible as the tides of the ocean.”
  • In 1855, David Christy, the author of Cotton Is King, wrote about the vital importance of “the doctrine of Free Trade,” which included abolishing the tariffs that made imported English goods more expensive than manufactured goods produced in the North. As one southerner put it, “Free trade, unshackled industry, is the motto of the South.”23
  • Darwin’s Origin of Species would have a vast and lingering influence on the world of ideas. Most immediately, it refuted the racial arguments of ethnologists like Louis Agassiz. And, in the months immediately following the book’s publication—the last, unsettling months before the beginning of the Civil War—abolitionists took it as evidence of the common humanity of man.30
  • The truths of the Confederacy disavowed the truths of the Union. The Confederacy’s newly elected vice president, a frail Georgian named Alexander Stephens, delivered a speech in Savannah in which he made those differences starkly clear. The ideas that lie behind the Constitution “rested upon the assumption of the equality of races,” Stephens said, but
  • “Our new government is founded upon exactly the opposite idea: its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery . . . is his natural and moral condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth.”52 It would become politically expedient, after the war, for ex-Confederates to insist that the Confederacy was founded on states’ rights. But the Confederacy was founded on white supremacy.
  • Opposition to free speech had long been the position of slave owners, a position taken at the constitutional convention and extended through the gag rule, antiliteracy laws, bans on the mails, and the suppression of speakers. An aversion to political debate also structured the Confederacy, which had both a distinctive character and a lasting influence on Americans’ ideas about federal authority as against popular sovereignty.
  • Secessionists were attempting to build a modern, proslavery, antidemocratic state. In order to wage a war, the leaders of this fundamentally antidemocratic state needed popular support. Such support was difficult to gain and impossible to maintain. The Confederacy therefore suppressed dissent.55
  • By May of 1861, the Confederacy comprised fifteen states stretching over 900,000 square miles and containing 12 million people, including 4 million slaves, and 4 million white women who were disenfranchised. It rested on the foundational belief that a minority governs a majority. “The condition of slavery is with us nothing but a form of civil government for a class of people not fit to govern themselves,” said Jefferson Davis.
  • There would be those, after the war ended, who said that it had been fought over states’ rights or to preserve the Union or for a thousand other reasons and causes. Soldiers, North and South, knew better. “The fact that slavery is the sole undeniable cause of this infamous rebellion, that it is a war of, by, and for Slavery, is as plain as the noon-day sun,” a soldier writing for his Wisconsin regimental newspaper explained in 1862. “Any man who pretends to believe that this is not a war for the emancipation of the blacks,” a soldier writing for his Confederate brigade’s newspaper wrote that same year, “is either a fool or a liar.”
  • Lincoln would remain a man trapped in time, in the click of a shutter and by the trigger of a gun. In mourning him, in sepia and yellow, in black and white, beneath plates of glinting glass, Americans deferred a different grief, a vaster and more dire reckoning with centuries of suffering and loss, not captured by any camera, not settled by any amendment, the injuries wrought on the bodies of millions of men, women, and children, stolen, shackled, hunted, whipped, branded, raped, starved, and buried in unmarked graves.
  • No president consecrated their cemeteries or delivered their Gettysburg address; no committee of arrangements built monuments to their memory. With Lincoln’s death, it was as if millions of people had been crammed into his tomb, trapped in a vault that could not hold them.
  • People running for Congress didn’t have to meet property requirements; they didn’t have to have been born in the United States; and they couldn’t be subjected to religious tests. This same logic applied to citizenship, and for the same reason: the framers of the Constitution understood these sorts of requirements as forms of political oppression. The door to the United States was meant to be open.
  • Before the 1880s, no federal law restricted immigration. And, despite periods of fervent nativism, especially in the 1840s, the United States welcomed immigrants into citizenship, and valued them. After the Civil War, the U.S. Treasury estimated the worth of each immigrant as equal to an $800 contribution to the nation’s economy,
  • Nineteenth-century politicians and political theorists interpreted American citizenship within the context of an emerging set of ideas about human rights and the authority of the state, holding dear the conviction that a good government guarantees everyone eligible for citizenship the same set of political rights, equal and irrevocable.
  • The Civil War raised fundamental questions not only about the relationship between the states and the federal government but also about citizenship itself and about the very notion of a nation-state. What is a citizen? What powers can a state exert over its citizens? Is suffrage a right of citizenship, or a special right, available only to certain citizens? Are women citizens? And if women are citizens, why aren’t they voters? What about Chinese immigrants, pouring into the West? They were free. Were they, under American law, “free white persons” or “free persons of color” or some other sort of persons?
  • In 1866, Congress searched in vain for a well-documented definition of the word “citizen.” Over the next thirty years, that definition would become clear, and it would narrow.
  • In 1896, the U.S. passport office, in the Department of State, which had grown to thousands of clerks, began processing applications according to new “Rules Governing the Application of Passports,” which required evidence of identity, including a close physical description Lew Wa Ho worked at a dry goods shop in St. Louis; the photograph was included in his Immigration Service case file as evidence of employment. Age, _____ years; stature, _____ feet _____ inches (English measure); forehead, _____; eyes, _____; nose, _____; mouth, _____; chin, _____; hair, _____; complexion, _____; face, _____ as well as affidavits, signatures, witnesses, an oath of loyalty, and, by way of an application fee, one dollar.12
  • The Fourteenth Amendment, drafted by the Joint Committee on Reconstruction, marked the signal constitutional achievement of a century of debate and war, of suffering and struggle. It proposed a definition of citizenship guaranteeing its privileges and immunities, and insuring equal protection and due process to all citizens. “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,”
  • “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”20
  • During the drafting of the amendment, the committee betrayed the national phalanx of women who for decades had fought for abolition and for black civil rights by proposing to insert, into the amendment’s second section, a provision that any state that denied the right to vote “to any of the male inhabitants of such state” would lose representation in Congress. “Male” had never before appeared in any part of the Constitution. “If that word ‘male’ be inserted,” Stanton warned, “it will take us a century at least to get it out.”21 She was not far wrong.
  • Women protested. “Can any one tell us why the great advocates of Human Equality . . . forget that when they were a weak party and needed all the womanly strength of the nation to help them on, they always united the words ‘without regard to sex, race, or color’?” asked Ohio-born reformer Frances Gage. Charles Sumner offered this answer: “We know how the Negro will vote, but are not so sure of the women.” How women would vote was impossible to know. Would black women vote the way black men voted? Would white women vote like black women? Republicans decided they’d rather not find out.
  • In the federal census of 1860, 24,282 out of 34,935 Chinese toiled in mines. Although some Chinese immigrants left mining—and some were forced out—many continued to mine well into the 1880s, often working in sites abandoned by other miners.
  • An 1867 government report noted that in Montana, “the diggings now fall into the hands of the Chinese, who patiently glean the fields abandoned by the whites.” Chinese workers began settling in Boise in 1865 and only five years later constituted a third of Idaho’s settlers and nearly 60 percent of its miners. In 1870, Chinese immigrants and their children made up nearly 9 percent of the population of California, and one-quarter of the state’s wage earners.
  • Their rights, under state constitutions and statutes, were markedly limited. Oregon’s 1857 constitution barred “Chinamen” from owning real estate, while California barred Chinese immigrants from testifying in court, a provision upheld in an 1854 state supreme court opinion, People v. Hall, which described the Chinese as “a race of people whom nature has marked as inferior, and who are incapable of progress or intellectual development beyond a certain point, as their history has shown.”29
  • And what about the voting rights of U.S.-born Chinese Americans? Much turned on the Fifteenth Amendment, proposed early in 1869. While the aim of the amendment was to guarantee African Americans the right to vote and hold office, its language inevitably raised the question of Chinese citizenship and suffrage. Opponents of the amendment found its entire premise scandalous. Garrett Davis, a Democratic senator from Kentucky, fumed, “I want no negro government; I want no Mongolian government; I want the government of the white man which our fathers incorporated.”33
  • Douglass spoke about what he called a “composite nation,” a strikingly original and generative idea, about a citizenry made better, and stronger, not in spite of its many elements, but because of them: “I want a home here not only for the negro, the mulatto and the Latin races; but I want the Asiatic to find a home here in the United States, and feel at home here, both for his sake and for ours.”36
  • Tilden won the nomination anyway and, in the general election, he won the popular vote against Hayes. Unwilling to accept the result of the election, Republicans disputed the returns in Florida, Louisiana, and South Carolina.
  • Eventually, the decision was thrown to an electoral commission that brokered a nefarious compromise: Democrats agreed to throw their support behind the man ever after known as Rutherfraud B. Hayes, so that he could become president, in exchange for a promise from Republicans to end the military occupation of the South. For a minor and petty political win over the Democratic Party, Republicans first committed electoral fraud and then, in brokering a compromise, abandoned a century-long fight for civil rights.
  • As soon as federal troops withdrew, white Democrats, calling themselves the “Redeemers,” took control of state governments of the South, and the era of black men’s enfranchisement came to a violent and terrible end. The Klan terrorized the countryside, burning homes and hunting, torturing, and killing people. (Between 1882 and 1930, murderers lynched more than three thousand black men and women.)
  • Black politicians elected to office were thrown out. And all-white legislatures began passing a new set of black codes, known as Jim Crow laws, that segregated blacks from whites in every conceivable public place, down to the last street corner. Tennessee passed the first Jim Crow law, in 1881, mandating the separation of blacks and whites in railroad cars. Georgia became the first state to demand separate seating for whites and blacks in streetcars, in 1891.
  • “Capital buys and sells to-day the very heart-beats of humanity,” she said. Democracy itself had been corrupted by it: “the speculators, the land-robbers, the pirates and gamblers of this Nation have knocked unceasingly at the doors of Congress, and Congress has in every case acceded to their demands.”44 The capitalists, she said, had subverted the will of the people.
  • In the late nineteenth century, a curious reversal took place. Electoral politics, the politics men engaged in, became domesticated, the office work of education and advertising—even voting moved indoors. Meanwhile, women’s political expression moved to the streets. And there, at marches, rallies, and parades, women deployed the tools of the nineteenth-century religious revival: the sermon, the appeal, the conversion.45
  • 1862 alone, in addition to the Homestead Act, the Republican Congress passed the Pacific Railway Act (chartering railroad companies to build the line from Omaha, Nebraska, to Sacramento, California) and the National Bank Act (to issue paper money to pay for it all). After the war, political power moved from the states to the federal government and as the political influence of the South waned, the importance of the West rose. Congress not only sent to the states amendments to the Constitution that defined citizenship and guaranteed voting rights but also passed landmark legislation involving the management of western land, the control of native populations, the growth and development of large corporations, and the construction of a national transportation infrastructure.
  • The independent farmer—the lingering ideal of the Jeffersonian yeoman—remained the watchword of the West, but in truth, the family farming for subsistence, free of government interference, was far less common than a federally subsidized, capitalist model of farming and cattle raising for a national or even an international market. The small family farm—Jefferson’s republican dream—was in many parts of the arid West an environmental impossibility.
  • Much of the property distributed under the terms of the Homestead Act, primarily in the Great Basin, was semi-arid, the kind of land on which few farmers could manage a productive farm with only 160 acres. Instead, Congress typically granted the best land to railroads, and allowed other, bigger interests to step in, buying up large swaths for agricultural business or stock raising and fencing it in, especially after the patenting of barbed wire in 1874.46
  • In 1885, an American economist tried to reckon the extraordinary transformation wrought by what was now 200,000 miles of railroad, more than in all of Europe. It was possible to move one ton of freight one mile for less than seven-tenths of one cent, “a sum so small,” he wrote, “that outside of China it would be difficult to find a coin of equivalent value to give a boy as a reward for carrying an ounce package across a street.”48
  • instability contributed to a broader set of political concerns that became Mary Lease’s obsession, concerns known as “the money question,” and traceable all the way back to Hamilton’s economic plan: Should the federal government control banking and industry?
  • No group of native-born Americans was more determined to end Chinese immigration than factory workers. The 1876 platform of the Workingmen’s Party of California declared that “to an American death is preferable to life on par with a Chinaman.”55 In 1882, spurred by the nativism of populists, Congress passed its first-ever immigration law, the Chinese Exclusion Act, which barred immigrants from China from entering the United States and, determining that the Fourteenth Amendment did not apply to people of Chinese ancestry, decreed that Chinese people already in the United States were permanent aliens who could never become citizens.
  • Populists, whether farmers or factory workers, for all their invocation of “the people,” tended to take a narrow view of citizenship. United in their opposition to the “money power,” members of the alliance, like members of the Knights of Labor, were also nearly united in their opposition to the political claims of Chinese immigrants, and of black people. The Farmers’ Alliance excluded African Americans, who formed their own association, the Colored Farmers’ Alliance. Nor did populists count Native Americans within the body of “the people.”
  • In 1887, Congress passed the Dawes Severalty Act, under whose terms the U.S. government offered native peoples a path to citizenship in a nation whose reach had extended across the lands of their ancestors. The Dawes Act granted to the federal government the authority to divide Indian lands into allotments and guaranteed U.S. citizenship to Indians who agreed to live on those allotments and renounce tribal membership.
  • In proposing the allotment plan, Massachusetts senator Henry Laurens Dawes argued that the time had come for Indians to choose between “extermination or civilization” and insisted that the law offered Americans the opportunity to “wipe out the disgrace of our past treatment” and instead lift Indians up “into citizenship and manhood.”58
  • But in truth the Dawes Act understood native peoples neither as citizens nor as “persons of color,” and led to nothing so much as forced assimilation and the continued takeover of native lands. In 1887 Indians held 138 million acres; by 1900, they held only half of that territory.
  • In 1877, railroad workers protesting wage cuts went on strike in cities across the country. President Hayes sent in federal troops to end the strikes, marking the first use of the power of the federal government to support business against labor. The strikes continued, with little success in improving working conditions. Between 1881 and 1894, there was, on average, one major railroad strike a week. Labor was, generally and literally, crushed: in a single year, of some 700,000 men working on the railroads, more than 20,000 were injured on the job and nearly 2,000 killed.59
  • In 1882, Roscoe Conkling represented the Southern Pacific Railroad Company’s challenge to a California tax rule. He told the U.S. Supreme Court, “I come now to say that the Southern Pacific Railroad Company and its creditors and stockholders are among the ‘persons’ protected by the Fourteenth Amendment.”
  • In offering an argument about the meaning and original intention of the word “person” in the Fourteenth Amendment, Conkling enjoyed a singular authority: he’d served on the Joint Committee on Reconstruction that had drafted the amendment and by 1882 was the lone member of that committee still living. With no one alive to contradict him, Conkling assured the court that the committee had specifically rejected the word “citizen” in favor of “person” in order to include corporations. (A
  • Much evidence suggests, however, that Conkling was lying. The record of the deliberations of the Joint Committee on Reconstruction does not support his argument regarding the committee’s original intentions, nor is it plausible that between 1866 and 1882, the framers of the Fourteenth Amendment had kept mysteriously hidden their secret intention to guarantee equal protection and due process to corporations. But
  • in 1886, when another railroad case, Santa Clara County v. Southern Pacific Railroad, reached the Supreme Court, the court’s official recorder implied that the court had accepted the doctrine that “corporations are persons within the meaning of the Fourteenth Amendment.”62 After that, the Fourteenth Amendment, written and ratified to guarantee freed slaves equal protection and due process of law, became the chief means by which corporations freed themselves from government regulation.
  • In 1937, Supreme Court Justice Hugo Black would observe, with grim dismay, that, over the course of fifty years, “only one half of one percent of the Fourteenth Amendment cases that came before the court had anything to do with African Americans or former slaves, while over half of the cases were about protecting the rights of corporations.”63 Rights guaranteed to the people were proffered, instead, to corporations.
  • He devised an economic plan that involved abolishing taxes on labor and instead imposing a single tax on land. Tocqueville had argued that democracy in America is made possible by economic equality; people with equal estates will eventually fight for, and win, equal political rights. George agreed. But, like Mary Lease, he thought that financial capitalism was destroying democracy by making economic equality impossible. He saw himself as defending “the Republicanism of Jefferson and the Democracy of Jackson.”72
  • Between 1889 and 1893, the mortgages on so many farms were foreclosed that 90 percent of farmland fell into the hands of bankers. The richest 1 percent of Americans owned 51 percent of the nation’s wealth, and the poorest 44 percent owned less than 2 percent.
  • For all its passionate embrace of political equality and human rights and its energetic championing of suffrage, the People’s Party rested on a deep and abiding commitment to exclude from full citizenship anyone from or descended from anyone from Africa or Asia.
  • Many of the reforms proposed by populists had the effect of diminishing the political power of blacks and immigrants. Chief among them was the Australian ballot, more usually known as the secret ballot, which, by serving as a de facto literacy test, disenfranchised both black men in the rural South and new immigrants in northern cities.
  • to deliberate at length over the secret ballot. Quickest to adopt the reform were the states of the former Confederacy, where the reform appealed to legislatures eager to find legal ways to keep black men from voting. In 1890, Mississippi held a constitutional
  • Both by law and by brute force, southern legislators, state by state, and poll workers, precinct by precinct, denied black men the right to vote. In Louisiana, black voter registration dropped from 130,000 in 1898 to 5,300 in 1908, and to 730 in 1910. In 1893, Arkansas Democrats celebrated their electoral advantage by singing,         The Australian ballot works like a charm         It makes them think and scratch         And when a Negro gets a ballot         He has certainly met his match.82
  • One Republican said, “I felt that Bryan was the first politician I had ever heard speak the truth and nothing but the truth,” even though in every case, when he read a transcript of the speech in the newspaper the next day, he “disagreed with almost all of it.”85
  • In 1894, Bryan tacked an income tax amendment to a tariff bill, which managed to pass. But the populist victory—a 2 percent federal income tax that applied only to Americans who earned more than $4,000—didn’t last long. The next year, in Pollock v. Farmers’ Loan and Trust Company, the Supreme Court ruled 5–4 that the tax was a direct tax, and therefore unconstitutional, one justice calling the tax the first campaign in “a war of the poor against the rich.”
  • POPULISM ENTERED AMERICAN politics at the end of the nineteenth century, and it never left. It pitted “the people,” meaning everyone but the rich, against corporations, which fought back in the courts by defining themselves as “persons”; and it pitted “the people,” meaning white people, against nonwhite people who were fighting for citizenship and whose ability to fight back in the courts was far more limited, since those fights require well-paid lawyers.
  • After 1859, and the Origin of Species, the rise of Darwinism contributed to the secularization of the university, as did the influence of the German educational model, in which universities were divided into disciplines and departments, each with a claim to secular, and especially scientific, expertise. These social sciences—political science, economics, sociology, and anthropology—used the methods of science, and especially of quantification, to study history, government, the economy, society, and culture.96
  • For Wilson’s generation of political scientists, the study of the state replaced the study of the people. The erection of the state became, in their view, the greatest achievement of civilization. The state also provided a bulwark against populism. In the first decades of the twentieth century, populism would yield to progressivism as urban reformers applied the new social sciences to the study of political problems, to be remedied by the intervention of the state.
  • The rise of populism and the social sciences reshaped the press, too. In the 1790s, the weekly partisan newspaper produced the two-party system. The penny press of the 1830s produced the popular politics of Jacksonian democracy. And in the 1880s and 1890s the spirit of populism and the empiricism of the social sciences drove American newspapers to a newfound obsession with facts.
  • The newspapers of the 1880s and 1890s were full of stunts and scandals and crusades, even as they defended their accuracy. “Facts, facts piled up to the point of dry certitude was what the American people really wanted,” wrote the reporter Ray Stannard Baker. Julius Chambers said that writing for the New York Herald involved “Facts; facts; nothing but facts. So many peas at so much a peck; so much molasses at so much a quart.”
  • Ballot reform, far from keeping money out of elections, had ushered more money into elections, along with a new political style: using piles of money to sell a candidate’s personality, borrowing from the methods of business by using mass advertising and education, slogans and billboards. McKinley ran a new-style campaign; Bryan ran an old-style campaign. Bryan barnstormed all over the country: he gave some six hundred speeches to five million people in twenty-seven states and traveled nearly twenty thousand miles.
  • But McKinley’s campaign coffers were fuller: Republicans spent $7 million; Democrats, $300,000. John D. Rockefeller alone provided the GOP with a quarter of a million dollars. McKinley’s campaign manager, Cleveland businessman Mark Hanna, was nearly buried in donations from fellow businessmen. He used that money to print 120 million pieces of campaign literature. He hired fourteen hundred speakers to stump for McKinley; dubbing the populists Popocrats, they agitated voters to a state of panic.108 As Mary Lease liked to say, money elected McKinley.
  • Turner, born in Wisconsin in 1861, was one of the first Americans to receive a doctorate in history. At the exposition, he delivered his remarks before the American Historical Association, an organization that had been founded in 1884 and incorporated by an act of Congress in 1889 “for the promotion of historical studies, the collection and preservation of historical manuscripts and for kindred purposes in the interest of American history and of history in America.”110
  • like journalists, historians borrowed from the emerging social sciences, relying on quantitative analysis to understand how change happens. Where George Bancroft, in his History of the United States, had looked for explanations in the hand of providence, Frederick Jackson Turner looked to the census.
  • The difference between Turner’s methods and Bancroft’s signaled a profound shift in the organization of knowledge, one that would have lasting consequences for the relationship between the people and the state and for civil society itself. Like Darwinism, the rise of the social sciences involved the abdication of other ways of knowing, and, indirectly, contributed to the rise of fundamentalism.
  • Across newly defined academic disciplines, scholars abandoned the idea of mystery—the idea that there are things known only by God—in favor of the claim to objectivity, a development sometimes called “the disenchantment of the world.”111 When universities grew more secular, religious instruction became confined to divinity schools and theological seminaries.
  • theologian at the University of Chicago’s divinity school defined modernism as “the use of scientific, historical, and social methods in understanding and applying evangelical Christianity to the needs of living persons.”112 Increasingly, this is exactly what evangelicals who eventually identified themselves as fundamentalists found objectionable.
  • Influenced by both Jefferson and Darwin, Turner saw the American frontier as the site of political evolution, beginning with the “savages” of a “wilderness,” proceeding to the arrival of European traders, and continuing through various forms of settlement, through the establishment of cities and factories, “the evolution of each into a higher stage,” and culminating in the final stage of civilization: capitalism and democracy.114
  • “American democracy is fundamentally the outcome of the experiences of the American people in dealing with the West,” by which he meant the experience of European immigrants to the United States in defeating its native peoples, taking possession of their homelands, and erecting there a civilization of their own. This, for Turner, was the story of America and the lesson of American history: evolution.116
  • Douglass, who, as the former U.S. ambassador to Haiti, had represented the nation of Haiti at the Haitian pavilion, was the only eminent African American with a role at the fair, whose program had been planned by a board of 208 commissioners, all white.117 There were, however, black people at the fair: on display. In the Hall of Agriculture, old men and women, former slaves, sold miniature bales of cotton, souvenirs, while, in a series of exhibits intended to display the Turnerian progress of humankind from savagery to civilization, black Americans were posed in a fake African village. “As if to shame the Negro,” Douglass wrote, they “exhibit the Negro as a repulsive savage.”118
  • “A ship at anchor, with halliards broken, sails mildewed, hull empty, her bottom covered with sea-weed and barnacles, meets no resistance,” Douglass said that day, turning the idea of a ship of state to the problem of Jim Crow. “But when she spread her canvas to the breeze and sets out on her voyage, turns prow to the open sea, the higher shall be her speed, the greater shall be her resistance. And so it is with the colored man.”
  • He paused to allow his listeners to conjure the scene, and its meaning, of a people struggling against the sea. “My dear young friends,” Douglass closed. “Accept the inspiration of hope. Imitate the example of the brave mariner, who, amid clouds and darkness, amid hail, rain and storm bolts, battles his way against all that the sea opposes to his progress and you will reach the goal of your noble ambition in safety.”124
  • The majority in Plessy v. Ferguson asserted that separation and equality were wholly separate ideas. “We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.” The resulting legal principle—that public accommodations could be “separate but equal”—would last for more than half a century.
  • The sole dissenter, John Marshall Harlan, objecting to the establishment of separate classes of citizens, insisted that the achievement of the United States had been the establishment, by amendment, of a Constitution that was blind to race. “Our constitution is color-blind, and neither knows nor tolerates classes among citizens,” Harlan wrote, and it is therefore a plain violation of the Constitution “for a state to regulate the enjoyment by citizens of their civil rights solely upon the basis of race.”
  • What all these laws had in common, Harlan argued, was that they were based on race. And yet a war had been fought and won to establish that laws in the United States could not be based on race; nor could citizenship be restricted by race. The court’s opinion in Plessy, Harlan warned, was so dreadfully in error as to constitutional principles that “the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case.”128 This prediction proved true.
  • Four centuries had passed since continents, separated by oceans, had met again. A century had passed since Jefferson had declared all men equal. Three decades had passed since the Fourteenth Amendment had declared all persons born or naturalized in the United States to be citizens.
  • And now the Supreme Court ruled that those who would set aside equality in favor of separation had not violated the nation’s founding truths. In one of the most wrenching tragedies in American history—a chronicle not lacking for tragedy—the Confederacy had lost the war, but it had won the peace.
  • Lippmann started out as a socialist, when even mentioning the masses hinted at socialism; The Masses was the name of a socialist monthly, published in New York, and, especially after the Russian Revolution of 1917, which brought the Bolshevists to power (“bol’shinstvo” means “the majority”), “the masses” sounded decidedly Red.
  • But Lippmann soon began to write about the masses as “the bewildered herd,” unthinking and instinctual, and as dangerous as an impending stampede. For Lippmann, and for an entire generation of intellectuals, politicians, journalists, and bureaucrats who styled themselves Progressives—the term dates to 1910—the masses posed a threat to American democracy.
  • This change was wrought in the upheaval of the age. In the years following the realigning election of 1896, everything seemed, suddenly, bigger than before, more crowded, and more anonymous: looming and teeming. Even buildings were bigger: big office buildings, big factories, big mansions, big museums. Quantification became the only measure of value: how big, how much, how many.
  • To fight monopolies, protect the people, and conserve the land, the federal government grew bigger, too; dozens of new federal agencies were founded in this era,
  • “Mass” came to mean anything that involved a giant and possibly terrifying quantity, on a scale so great that it overwhelmed existing arrangements—including democracy. “Mass production” was coined in the 1890s, when factories got bigger and faster, when the number of people who worked in them skyrocketed, and when the men who owned them got staggeringly rich.
  • “Mass migration” dates to 1901, when nearly a million immigrants were entering the United States every year, “mass consumption” to 1905, “mass consciousness” to 1912. “Mass hysteria” had been defined by 1925 and “mass communication” by 1927, when the New York Times described the radio as “a system of mass communication with a mass audience.”3
  • And the masses themselves? They formed a mass audience for mass communication and had a tendency, psychologists believed, to mass hysteria—the political stampede—posing a political problem unanticipated by James Madison and Thomas Jefferson,
  • To meet that challenge in what came to be called the Progressive Era, activists, intellectuals, and politicians campaigned for and secured far-reaching reforms that included municipal, state, and federal legislation.
  • Their most powerful weapon was the journalistic exposé. Their biggest obstacle was the courts, which they attempted to hurdle by way of constitutional amendments. Out of these campaigns came the federal income tax, the Federal Reserve Bank, the direct election of U.S. senators, presidential primaries, minimum-wage and maximum-hour laws, women’s suffrage, and Prohibition.
  • And all of what Progressives accomplished in the management of mass democracy was vulnerable to the force that so worried the unrelenting Walter Lippmann: the malleability of public opinion, into mass delusion.
  • Progressives championed the same causes as Populists, and took their side in railing against big business, but while Populists generally wanted less government, Progressives wanted more, seeking solutions in reform legislation and in the establishment of bureaucracies, especially government agencies.6
  • Populists believed that the system was broken; Progressives believed that the government could fix it. Conservatives, who happened to dominate the Supreme Court, didn’t believe that there was anything to fix but believed that, if there was, the market would fix it. Notwithstanding conservatives’ influence in the judiciary, Progressivism spanned both parties.
  • Woodrow Wilson himself admitted, “When I sit down and compare my views with those of a Progressive Republican I can’t see what the difference is.”7
  • Much that was vital in Progressivism grew out of Protestantism, and especially out of a movement known as the Social Gospel, adopted by almost all theological liberals and by a large number of theological conservatives,
  • The Social Gospel movement was led by seminary professors—academic theologians who accepted the theory of evolution, seeing it as entirely consistent with the Bible and evidence of a divinely directed, purposeful universe; at the same time, they fiercely rejected the social Darwinism of writers like Herbert Spencer, the English natural scientist who coined the phrase “the survival of the fittest” and used the theory of evolution to defend all manner of force, violence, and oppression.
  • argued that fighting inequality produced by industrialism was an obligation of Christians: “We must make men believe that Christianity has a right to rule this kingdom of industry, as well as all the other kingdoms of this world.”9 Social Gospelers brought the zeal of abolitionism to the problem of industrialism.
  • In 1908, Methodists wrote a Social Creed and pledged to fight to end child labor and to promote a living wage. It was soon adopted by the thirty-three-member Federal Council of Churches, which proceeded to investigate a steelworkers’ strike in Bethlehem, ultimately taking the side of the strikers.10
  • Washington, in the debate over the annexation of the Philippines, Americans revisited unsettled questions about expansion that had rent the nation during the War with Mexico and unsettled questions about citizenship that remained the unfinished business of Reconstruction. The debate also marked the limits of the Progressive vision: both sides in this debate availed themselves, at one time or another, of the rhetoric of white supremacy. Eight million people of color in the Pacific and the Caribbean, from the Philippines to Puerto Rico, were now part of the United States, a nation that already, in practice, denied the right to vote to millions of its own people because of the color of their skin.
  • “You are undertaking to annex and make a component part of this Government islands inhabited by ten millions of the colored race, one-half or more of whom are barbarians of the lowest type,” said Ben Tillman, a one-eyed South Carolina Democrat who’d boasted of having killed black men and expressed his support for lynch mobs. “It is to the injection into the body politic of the United States of that vitiated blood, that debased and ignorant people, that we object.”
  • Tillman reminded Republicans that they had not so long ago freed slaves and then “forced on the white men of the South, at the point of the bayonet, the rule and domination of those ex-slaves. Why the difference? Why the change? Do you acknowledge that you were wrong in 1868?”14
  • The war that began in Cuba in 1898 and was declared over in the Philippines in 1902 dramatically worsened conditions for people of color in the United States, who faced, at home, a campaign of terrorism. Pro-war rhetoric, filled with racist venom, only further incited American racial hatreds. “If it is necessary, every Negro in the state will be lynched,” the governor of Mississippi pledged in 1903.
  • By one estimate, someone in the South was hanged or burned alive every four days. The court’s decision in Plessy v. Ferguson meant that there was no legal recourse to fight segregation, which grew more brutal with each passing year.
  • Nor was discrimination confined to the South. Cities and counties in the North and West passed racial zoning laws, banning blacks from the middle-class communities. In 1890, in Montana, blacks lived in all fifty-six counties in the state; by 1930, they’d been confined to just eleven. In Baltimore, blacks couldn’t buy houses on blocks where whites were a majority.
  • In 1917, in Buchanan v. Warley, the Supreme Court availed itself of the Fourteenth Amendment not to guarantee equal protection for blacks but to guarantee what the court had come to understand as the “liberty of contract”—the liberty of businesses to discriminate.16
  • A generation earlier, he’d have become a preacher, like his father, but instead he became a professor of political science.23 In the academy and later in the White House, he dedicated himself to the problem of adapting a Constitution written in the age of the cotton gin to the age of the automobile.
  • “We have grown more and more inclined from generation to generation to look to the President as the unifying force in our complex system, the leader both of his party and of the nation. To do so is not inconsistent with the actual provisions of the Constitution; it is only inconsistent with a very mechanical theory of its meaning and intention.” A president’s power, Wilson concluded, is virtually limitless: “His office is anything he has the sagacity and force to make it.”24
  • the U.S. Supreme Court overruled much Progressive labor legislation. The most important of these decisions came in 1905. In a 5–4 decision in Lochner v. New York, the U.S. Supreme Court voided a state law establishing that bakers could work no longer than ten hours a day, six days a week, on the ground that the law violated a business owner’s liberty of contract, the freedom to forge agreements with his workers, something the court’s majority said was protected under the Fourteenth Amendment.
  • The laissez-faire conservatism of the court was informed, in part, by social Darwinism, which suggested that the parties in disputes should be left to battle it out, and if one side had an advantage, even so great an advantage as a business owner has over its employees, then it should win.
  • In a dissenting opinion in Lochner, Oliver Wendell Holmes accused the court of violating the will of the people. “This case is decided upon an economic theory which a large part of the country does not entertain,” he began. The court, he said, had also wildly overreached its authority and had carried social Darwinism into the Constitution. “A Constitution is not intended to embody a particular economic theory,” Holmes wrote. “The Fourteenth Amendment does not enact Mr. Herbert Spencer’s Social Statics.”
  • Wilson pointed out that the Constitution, written before mass industrialization, couldn’t be expected to have anticipated it, and couldn’t solve the problems industrialization had created, unless the Constitution were treated like a living thing that, like an organism, evolved.
  • Critics further to the left argued that the courts had become an instrument of business interests. Unions, in fact, often failed to support labor reform legislation, partly because they expected it to be struck down by the courts as unconstitutional, and partly because they wanted unions to provide benefits to their members, which would be an argument for organizing.
  • conservatives insisted that the courts were right to protect the interests of business and that either market forces would find a way to care for sick, injured, and old workers, or (for social Darwinists) the weakest, who were not meant to thrive, would wither and die.
  • “No other social movement in modern economic development is so pregnant with benefit to the public,” wrote the editor of the Journal of the American Medical Association. “At present the United States has the unenviable distinction of being the only great industrial nation without compulsory health insurance,” the Yale economist Irving Fisher pointed out in 1916.36 It would maintain that unenviable distinction for a century.
  • In California, the legislature passed a constitutional amendment providing for universal health insurance. But when it was put on the ballot for ratification, a federation of insurance companies took out an ad in the San Francisco Chronicle warning that it “would spell social ruin in the United States.” Every voter in the state received in the mail a pamphlet with a picture of the kaiser and the words “Born in Germany. Do you want it in California?” The measure was defeated. Opponents called universal health insurance “UnAmerican, Unsafe, Uneconomic, Unscientific, Unfair and Unscrupulous.”
  • “Scientific management has no place for a bird that can sing and won’t sing,” answered Taylor. “We are not . . . dealing with horses nor singing birds,” Wilson told Taylor. “We are dealing with men who are a part of society and for whose benefit society is organized.
  • Jim Crow thrived because, after the end of Reconstruction in 1877, reformers who had earlier fought for the cause of civil rights abandoned it for the sake of forging a reunion between the states and the federal government and between the North and the South. This wasn’t Wilson’s doing; this was the work of his generation, the work of the generation that came before him, and the work of the generation that would follow him, an abdication of struggle, an abandonment of justice.
  • War steered the course of American politics like a gale-force wind. The specter of slaughter undercut Progressivism, suppressed socialism, and produced anticolonialism. And, by illustrating the enduring wickedness of humanity and appearing to fulfill prophecies of apocalypse as a punishment for the moral travesty of modernism, the war fueled fundamentalism.
  • Bryan’s difficulty was that he saw no difference between Darwinism and social Darwinism, but it was social Darwinism that he attacked, the brutality of a political philosophy that seemed to believe in nothing more than the survival of the fittest, or what Bryan called “the law of hate—the merciless law by which the strong crowd out and kill the weak.”77
  • Germany was the enemy, the same Germany whose model of education had secularized American colleges and universities, which were now teaching eugenics, sometimes known as the science of human betterment, calling for the elimination from the human race of people deemed unfit to reproduce on the basis of their intelligence, criminality, or background.
  • Nor was this academic research without consequence. Beginning in 1907, with Indiana, two-thirds of American states passed forced sterilization laws.
  • In 1916, Madison Grant, the president of the Museum of Natural History in New York, who had degrees from Yale and Columbia, published The Passing of the Great Race; Or, the Racial Basis of European History, a “hereditary history” of the human race, in which he identified northern Europeans (the “blue-eyed, fair-haired peoples of the north of Europe” that he called the “Nordic race”) as genetically superior to southern Europeans (the “dark-haired, dark-eyed” people he called “the Alpine race”) and lamented the presence of “swarms of Jews” and “half-breeds.” In the United States, Grant argued, the Alpine race was overwhelming the Nordic race, threatening the American republic, since “democracy is fatal to progress when two races of unequal value live side by side.”79
  • fundamentalists were, of course, making an intellectual argument, if one that not many academics wanted to hear. In 1917, William B. Riley, who, like J. Frank Norris, had trained at the Southern Baptist Theological Seminary, published a book called The Menace of Modernism, whose attack on evolution included a broader attack on the predominance in public debate of liberal faculty housed at secular universities—and the silencing of conservative opinion.
  • The horror of the war fueled the movement, convincing many evangelicals that the growing secularization of society was responsible for this grotesque parade of inhumanity: mass slaughter. “The new theology has led Germany into barbarism,” one fundamentalist argued in 1918, “and it will lead any nation into the same demoralization.”
  • “If my re-election as President depends upon my getting into war, I don’t want to be President,” Wilson said privately. “He kept us out of war” became his campaign slogan, and when Theodore Roosevelt called that an “ignoble shirking of responsibility,” Wilson countered, “I am an American, but I do not believe that any of us loves a blustering nationality.”
  • Wilson had in fact pledged not to make the world democratic, or even to support the establishment of democratic institutions everywhere, but instead to establish the conditions of stability in which democracy was possible.
  • nearly five million were called to serve. How were they to be persuaded of the war’s cause? In a speech to new recruits, Wilson’s new secretary of state, Robert Lansing, ventured an explanation. “Were every people on earth able to express their will, there would be no wars of aggression and, if there were no wars of aggression, then there would be no wars, and lasting peace would come to this earth,” Lansing said, stringing one conditional clause after another. “The only way that a people can express their will is through democratic institutions,” Lansing went on. “Therefore, when the world is made safe for democracy . . . universal peace will be an accomplished fact.”88
  • Wilson, the political scientist, tried to earn the support of the American people with an intricate theory of the relationship between democracy and peace. It didn’t work. To recast his war message and shore up popular support, he established a propaganda department,
  • Social scientists called the effect produced by wartime propaganda “herd psychology”; the philosopher John Dewey called it the “conscription of thought.”89
  • To suppress dissent, Congress passed a Sedition Act in 1918. Not since the Alien and Sedition Acts of 1798 had Congress so brazenly defied the First Amendment. Fewer than two dozen people had been arrested under the 1798 Sedition Act. During the First World War, the Justice Department charged more than two thousand Americans with sedition and convicted half of them. Appeals that went to the Supreme Court failed.
  • “If we want real peace,” Du Bois wrote, “we must extend the democratic ideal to the yellow, brown, and black peoples.” But after the United States entered the war, Creel called thirty-one black editors and publishers to a conference in Washington and warned them about “Negro subversion.”
  • Du Bois asked black men who could not vote in the United States to give their lives to make the world “safe for democracy” and asked black people to hold off on fighting against lynchings, whose numbers kept rising.91
  • Wilson signed a tax bill, raising taxes on incomes, doubling a tax on corporate earnings, eliminating an exemption for dividend income, and introducing an estate tax and a tax on excess profits. Rates for the wealthiest Americans rose from 2 percent to 77, but most people paid no tax at all (80 percent of the revenue was drawn from the income of the wealthiest 1 percent of American families).
  • Wars, as ever, expanded the powers of the state. It rearranged the relationship between the federal government and business, establishing new forms of cooperation, oversight, and regulation that amounted to erecting a welfare state for business owners.
  • As the war drew to a close, the reckoning began. American losses were almost trivial compared to the staggering losses in European nations. Against America’s 116,000 casualties, France lost 1.6 million lives, Britain 800,000, and Germany 1.8 million. Cities across Europe lay in ashes; America was untouched. Europe, composed of seventeen countries before the war, had splintered into twenty-six, all of them deeply in debt, and chiefly to Americans.
  • Before the war, Americans owed $3.7 billion to foreigners; after the war, foreigners owed $12.6 billion to Americans. Even the terrifying influenza epidemic of 1918, which took 21 million lives worldwide, claimed the lives of only 675,000 Americans. The war left European economies in ruins, America’s thriving. In the United States, steel production rose by a quarter between 1913 and 1920; everywhere else, it fell by a third.98 The Armistice came on November
  • Wilson left a lasting legacy: his rhetoric of self-determination contributed to a wave of popular protests in the Middle East and Asia, including a revolution in Egypt in 1919; made the nation-state the goal of stateless societies; and lies behind the emergence and force of anticolonial nationalism.100
  • Thirty black men were lynched in 1917, twice as many the next year, and in 1919, seventy-six, including ten veterans, some still wearing their uniforms, having fought, some people thought, the wrong war.101
  • IN 1922, when Walter Lippmann turned thirty-two, he wrote a book called Public Opinion, in which he concluded that in a modern democracy the masses, asked to make decisions about matters far removed from their direct knowledge, had been asked to do too much. “Decisions in a modern state tend to be made by the interaction, not of Congress and the executive, but of public opinion and the executive,” he’d once observed.108 Mass democracy can’t work, Lippmann argued, because the new tools of mass persuasion—especially mass advertising—meant that a tiny minority could very easily persuade the majority to believe whatever it wished them to believe.
  • The best hope for mass democracy might have seemed to be the scrupulously and unfailingly honest reporting of news, but this, Lippmann thought, was doomed to fall short, because of the gap between facts and truth.
  • Reporters chronicle events, offering facts, but “they cannot govern society by episodes, incidents, and eruptions,” he said.109 To govern, the people need truth, sense out of the whole, but people can’t read enough in the morning paper or hear enough on the evening news to turn facts into truth when they’re driven like dray horses all day.
Brian Zittlau

The Secret History of Guns - Adam Winkler - The Atlantic - 0 views

  • Yet we’ve also always had gun control. The Founding Fathers instituted gun laws so intrusive that, were they running for office today, the NRA would not endorse them. While they did not care to completely disarm the citizenry, the founding generation denied gun ownership to many people: not only slaves and free blacks, but law-abiding white men who refused to swear loyalty to the Revolution.
  • For those men who were allowed to own guns, the Founders had their own version of the “individual mandate” that has proved so controversial in President Obama’s health-care-reform law: they required the purchase of guns. A 1792 federal law mandated every eligible man to purchase a military-style gun and ammunition for his service in the citizen militia. Such men had to report for frequent musters—where their guns would be inspected and, yes, registered on public rolls.
  • Malcolm X and the Panthers described their right to use guns in self-defense in constitutional terms. “Article number two of the constitutional amendments,” Malcolm X argued, “provides you and me the right to own a rifle or a shotgun.” Guns became central to the Panthers’ identity, as they taught their early recruits that “the gun is the only thing that will free us—gain us our liberation.”
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  • Martin Luther King Jr. applied for a permit to carry a concealed firearm in 1956, after his house was bombed. His application was denied, but from then on, armed supporters guarded his home. One adviser, Glenn Smiley, described the King home as “an arsenal.”
  • Republicans in California eagerly supported increased gun control. Governor Reagan told reporters that afternoon that he saw “no reason why on the street today a citizen should be carrying loaded weapons.” He called guns a “ridiculous way to solve problems that have to be solved among people of good will.” In a later press conference, Reagan said he didn’t “know of any sportsman who leaves his home with a gun to go out into the field to hunt or for target shooting who carries that gun loaded.” The Mulford Act, he said, “would work no hardship on the honest citizen.”
  • the Gun Control Act of 1968 amended and enlarged it. Together, these laws greatly expanded the federal licensing system for gun dealers and clarified which people—including anyone previously convicted of a felony, the mentally ill, illegal-drug users, and minors—were not allowed to own firearms. More controversially, the laws restricted importation of “Saturday Night Specials”—the small, cheap, poor-quality handguns so named by Detroit police for their association with urban crime, which spiked on weekends. Because these inexpensive pistols were popular in minority communities, one critic said the new federal gun legislation “was passed not to control guns but to control blacks.”
  • Indisputably, for much of American history, gun-control measures, like many other laws, were used to oppress African Americans.
  • One prosecutor in the impeachment trial, Representative John Bingham of Ohio, thought that the only way to protect the freedmen’s rights was to amend the Constitution. Southern attempts to deny blacks equal rights, he said, were turning the Constitution—“a sublime and beautiful scripture—into a horrid charter of wrong.”
  • Whether or not the Founding Fathers thought the Second Amendment was primarily about state militias, the men behind the Fourteenth Amendment—America’s most sacred and significant civil-rights law—clearly believed that the right of individuals to have guns for self-defense was an essential element of citizenship.
  • As the Yale law professor Akhil Reed Amar has observed, “Between 1775 and 1866 the poster boy of arms morphed from the Concord minuteman to the Carolina freedman.”
  • The Fourteenth Amendment illustrates a common dynamic in America’s gun culture: extremism stirs a strong reaction. The aggressive Southern effort to disarm the freedmen prompted a constitutional amendment to better protect their rights. A hundred years later, the Black Panthers’ brazen insistence on the right to bear arms led whites, including conservative Republicans, to support new gun control. Then the pendulum swung back. The gun-control laws of the late 1960s, designed to restrict the use of guns by urban black leftist radicals, fueled the rise of the present-day gun-rights movement—one that, in an ironic reversal, is predominantly white, rural, and politically conservative.
  • In the 1920s and ’30s, the NRA was at the forefront of legislative efforts to enact gun control. The organization’s president at the time was Karl T. Frederick, a Princeton- and Harvard-educated lawyer known as “the best shot in America”
  • Frederick’s model law had three basic elements. The first required that no one carry a concealed handgun in public without a permit from the local police. A permit would be granted only to a “suitable” person with a “proper reason for carrying” a firearm. Second, the law required gun dealers to report to law enforcement every sale of a handgun, in essence creating a registry of small arms. Finally, the law imposed a two-day waiting period on handgun sales.
  • The NRA today condemns every one of these provisions as a burdensome and ineffective infringement on the right to bear arms. Frederick, however, said in 1934 that he did “not believe in the general promiscuous toting of guns. I think it should be sharply restricted and only under licenses.” The NRA’s executive vice president at the time, Milton A. Reckord, told a congressional committee that his organization was “absolutely favorable to reasonable legislation.”
  • In the 1960s, the NRA once again supported the push for new federal gun laws. After the assassination of President John F. Kennedy in 1963 by Lee Harvey Oswald, who had bought his gun through a mail-order ad in the NRA’s American Rifleman magazine, Franklin Orth, then the NRA’s executive vice president, testified in favor of banning mail-order rifle sales. “We do not think that any sane American, who calls himself an American, can object to placing into this bill the instrument which killed the president of the United States.”
  • In May 1977, Carter and his allies staged a coup at the annual membership meeting. Elected the new executive vice president, Carter would transform the NRA into a lobbying powerhouse committed to a more aggressive view of what the Second Amendment promises to citizens.
  • Wayne LaPierre, the current executive vice president, warned members in 1995 that anyone who wears a badge has “the government’s go-ahead to harass, intimidate, even murder law-abiding citizens.”
  • In 2008, in a landmark ruling, the U.S. Supreme Court declared that the government cannot ever completely disarm the citizenry. In District of Columbia v. Heller, the Supreme Court clearly held, for the first time, that the Second Amendment guarantees an individual’s right to possess a gun. In an opinion by Justice Antonin Scalia, the Court declared unconstitutional several provisions of the District’s unusually strict gun-control law, including its ban on handguns and its prohibition of the use of long guns for self-defense. Indeed, under D.C.’s law, you could own a shotgun, but you could not use it to defend yourself against a rapist climbing through your bedroom window.
  • True, the Founders imposed gun control, but they had no laws resembling Scalia’s list of Second Amendment exceptions. They had no laws banning guns in sensitive places, or laws prohibiting the mentally ill from possessing guns, or laws requiring commercial gun dealers to be licensed. Such restrictions are products of the 20th century. Justice Scalia, in other words, embraced a living Constitution. In this, Heller is a fine reflection of the ironies and contradictions—and the selective use of the past—that run throughout America’s long history with guns.
katherineharron

10 cases that could change how the Supreme Court looks at the Second Amendment - CNNPol... - 0 views

  • The Supreme Court's solid conservative majority could soon choose to take up its first major Second Amendment case in nearly a decade, positioning the court to override state laws established to limit the availability and accessibility of some firearms and when they can be carried in public.
  • It's been over a decade since 2008's landmark 5-4 ruling in District of Columbia v Heller that held the Second Amendment protects an individual's right to keep and bear arms at home for self-defense. Except for a follow-up decision two years later, the court has not weighed in significantly again.
  • "The Court's composition has changed considerably since Heller,
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  • A New York City law regulated where licensed handgun owners can take a locked and unloaded handgun, but it was changed before the court would rule after supporters of gun regulations feared the justices would take an idiosyncratic state law and use it as a vehicle to expand upon Heller. But conservative justices were clearly unhappy with how lower courts were deciding Second Amendment cases.
  • Five of the 10 cases the court is looking at ask justices to determine whether the Second Amendment allows the government to restrict the ability of citizens to carry a firearm outside the home to those with "good cause" or "justifiable need" to do so.
  • The law "effectively bars ordinary, law-abiding citizens from carrying handguns outside the home for self-defense," Paul Clement, a lawyer for Rogers, said in court papers. Clement is a former solicitor general under President George W. Bush.
  • In court papers, New Jersey said it has not "banned carrying a firearm in public; instead, the State has carefully limited public carrying to those individuals with a need to do so."
  • We hope the court will consider the issue of carry outside the home, as the lower courts have ignored existing Supreme Court precedent regarding the right to bear arms," said the NRA's Amy Hunter.
  • The plaintiffs in the Massachusetts case, including two firearm dealers and the Gun Owners' Action League, claim that the law is contrary to the decision in Heller, in which Justice Antonin Scalia wrote that Washington, DC's ban on handgun possession in the home "violates the Second Amendment."
  • Massachusetts Attorney General Maura Healey said the state's ban is on "weapons with distinct military origins that are used disproportionately in mass public shootings and killings of law enforcement officers."
  • The court also previously declined to weigh in on challenge to a Chicago suburb's ban on semiautomatic firearms with the capacity to accept more than 10 rounds of ammunition in 2015.
  • Kavanaugh testified at his Senate confirmation hearing in 2018 that he based his opinion on the Heller decision. "This is all about precedent for me," he said and noted that Scalia had said that dangerous and unusual weapons could be prohibited. Kavanaugh said it's "very important to recognize under the Heller decision that machine guns can be prohibited" but he continued that the ban at issue "seemed to fit common use and not being a dangerous and unusual weapon."
  • one case challenges the federal ban on out-of-state handgun purchases. The plaintiff, Frederic Russell Mance, Jr. attempted to sell handguns to Tracey and Andrew Hanson, who were residents of the District of Columbia, in Texas. However, federal law generally makes it illegal for a licensed firearms dealer to sell any firearm to a person who does not reside in the same state.
  • Pena v. Horan concerns California's Unsafe Handgun Act, requiring new models of semiautomatic handguns manufactured or sold in the state to include certain safety features.
  • "When the court will take another gun case, what it will be, and what the court will decide is all guesswork," said Jonathan Lowy, chief counsel and vice president of pro-gun safety organization Brady: United Against Gun Violence. "They could grant cert in these cases as soon this week, or soon after, and we will be ready to ensure that Americans' right to life is not infringed upon by the gun industry."
  • "The bottom line is that is that the American public overwhelming supports gun safety laws and what we've seen over the last two years in statehouses across the country lawmakers are responding to that," he said. "So the gun lobby is looking to the courts."
martinelligi

Justice Barrett's Vote Could Tilt the Supreme Court on Gun Rights - The New York Times - 0 views

  • A Second Amendment case decided last week by the federal appeals court in Philadelphia is a promising candidate for Supreme Court review, not least because it presents an issue on which Justice Barrett has already taken a stand.
  • It concerns Lisa M. Folajtar, who would like to buy a gun. But she is a felon, having pleaded guilty to tax evasion, which means under federal law she may not possess firearms.
  • She sued, arguing that the law violated her Second Amendment rights. A divided three-judge panel of appeals court rejected her challenge, saying that committing a serious crime has consequences. It can lead to losing the right to vote, to serve on a jury — or to have a gun.
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  • “Lisa Folajtar asks us to treat her as an equal member of society,” he wrote. “Though her tax-fraud conviction affects some of her privileges, it does not change her right to keep and bear arms.”
  • “History does not support the proposition that felons lose their Second Amendment rights solely because of their status as felons,” she wrote. “But it does support the proposition that the state can take the right to bear arms away from a category of people that it deems dangerous.”
  • Voting and jury service are different, she wrote, because those are “rights that depend on civic virtue.”
  • In 2017, for instance, Justice Clarence Thomas, joined by Justice Neil M. Gorsuch, wrote that they had detected “a distressing trend: the treatment of the Second Amendment as a disfavored right.”
  • In June, however, the court turned down some 10 appeals in Second Amendment cases. Since it takes only four votes to grant review, there is good reason to think that the court’s conservative wing was unsure it could secure Chief Justice John G. Roberts Jr.’s vote.Justice Barrett’s arrival changes the calculus. Should Ms. Folajtar appeal to the Supreme Court, it is a good bet that Justice Barrett will find her arguments persuasive.
  • Dissenting from that ruling, Justice Samuel A. Alito Jr. noted that the Heller decision “recognized that history supported the constitutionality of some laws limiting the right to possess a firearm,” including ones “prohibiting possession by felons and other dangerous individuals.”That last phrase, which did not appear in the earlier decision, may be significant. In shifting the focus to dangerousness, it seemed to open the door to the position taken by Justice Barrett.
  • For years, conservative justices have said the court disfavors the Second Amendment. Justice Amy Coney Barrett is likely to shift the balance, and a case to help her do so may be knocking.
  • ThanksgivingWelcome to Homeownership
  • In dissent, Judge Stephanos Bibas, a former law professor appointed to the court by President Trump (and the author of a scathing decision on Friday rejecting the president’s challenge to the election results in Pennsylvania), wrote that the framers of the Constitution would not have allowed lawmakers to bar felons convicted of nonviolent crimes from owning guns.
  • That dissent was written by Justice Barrett when she was a judge on the federal appeals court in Chicago. The law forbidding people with felony convictions from owning guns, she wrote, should not apply when the crimes in question were nonviolent.
  • Before Justice Barrett’s arrival, the court’s four most conservative justices had repeatedly written that the court should return to the subject of the Second Amendment
Javier E

FOCUS | The Right's Second Amendment Lies - 0 views

  • ight-wing resistance to meaningful gun control is driven, in part, by a false notion that America's Founders adopted the Second Amendment because they wanted an armed population that could battle the U.S. government. The opposite is the truth, but many Americans seem to have embraced this absurd, anti-historical narrative.
  • The reality was that the Framers wrote the Constitution and added the Second Amendment with the goal of creating a strong central government with a citizens-based military force capable of putting down insurrections, not to enable or encourage uprisings
  • The men who gathered in Philadelphia in 1787 weren't precursors to France's Robespierre or Russia's Leon Trotsky, believers in perpetual revolutions. In fact, their work on the Constitution was influenced by the experience of Shays' Rebellion in western Massachusetts in 1786, a populist uprising that the weak federal government, under the Articles of Confederation, lacked an army to defeat.
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  • "If three years ago [at the end of the American Revolution] any person had told me that at this day, I should see such a formidable rebellion against the laws & constitutions of our own making as now appears I should have thought him a bedlamite - a fit subject for a mad house," Washington wrote to Knox on Feb. 3, 1787, adding that if the government "shrinks, or is unable to enforce its laws … anarchy & confusion must prevail."
  • Washington's alarm about Shays' Rebellion was a key factor in his decision to take part in - and preside over - the Constitutional Convention, which was supposed to offer revisions to the Articles of Confederation but instead threw out the old structure entirely and replaced it with the U.S. Constitution, which shifted national sovereignty from the 13 states to "We the People" and dramatically enhanced the power of the central government.
  • A central point of the Constitution was to create a peaceful means for the United States to implement policies favored by the people but within a structure of checks and balances to prevent radical changes deemed too disruptive to the established society. For instance, the two-year terms of the House of Representatives were meant to reflect the popular will but the six-year terms of the Senate were designed to temper the passions of the moment.
  • Within this framework of a democratic Republic, the Framers criminalized taking up arms against the government. Article IV, Section 4 committed the federal government to protect each state from not only invasion but "domestic Violence," and treason is one of the few crimes defined in the Constitution as "levying war against" the United States as well as giving "Aid and Comfort" to the enemy (Article III, Section 3).
  • To win over other skeptics, Madison agreed to support a Bill of Rights, which would be proposed as the first ten amendments to the Constitution.
  • The Second Amendment dealt with concerns about "security" and the need for trained militias to ensure what the Constitution called "domestic Tranquility." There was also hesitancy among many Framers about the costs and risks from a large standing army, thus making militias composed of citizens an attractive alternative.
  • "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Contrary to some current right-wing fantasies about the Framers wanting to encourage popular uprisings over grievances, the language of the amendment is clearly aimed at maintaining order within the country.
  • That point was driven home by the actions of the Second Congress amid another uprising which erupted in 1791 in western Pennsylvania. This anti-tax revolt, known as the Whiskey Rebellion, prompted Congress in 1792 to expand on the idea of "a well-regulated militia" by passing the Militia Acts which required all military-age white males to obtain their own muskets and equipment for service in militias.
  • there is also the simple logic that the Framers represented the young nation's aristocracy. Many, like Washington, owned vast tracts of land. They recognized that a strong central government and domestic tranquility were in their economic interests.
  • it would be counterintuitive - as well as anti-historical - to believe that Madison and Washington wanted to arm the population so the discontented could resist the constitutionally elected government. In reality, the Framers wanted to arm the people - at least the white males - so uprisings, whether economic clashes like Shays' Rebellion, anti-tax protests like the Whiskey Rebellion, attacks by Native Americans or slave revolts, could be repulsed.
katherineharron

25th Amendment: What is it and how does it work? - CNNPolitics - 0 views

  • President Donald Trump only has two weeks left in office, but after he fomented an assault by rioters on the US Capitol, some Republicans are actively considering whether to remove him in these final throes of his administration.
  • Impeaching Trump might be the appropriate remedy and using impeachment to remove him from office would bar him from running for President again. But there's likely no time to impeach and try the President again in the next two weeks.
  • A second option is invoking the 25th Amendment, which has periodically been discussed as a means of last resort to remove a rogue or incapacitated president.Some Cabinet members held preliminary discussions about invoking the 25th Amendment to force Trump's removal from office, a GOP source told CNN's Jim Acosta Wednesday night.
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  • To forcibly wrest power from Trump, Vice President Mike Pence would have to be on board, according to the text of the amendment
  • Pence would also need either a majority of Trump's Cabinet officials to agree the President is unfit for office and temporarily seize power from him.
  • Pence and the Cabinet would then have four days to dispute him, Congress would then vote -- it requires a two-thirds supermajority, usually 67 senators and 290 House members to permanently remove him.
  • House Speaker Nancy Pelosi, during the last Congress, introduced a bill to create a congressional body for this purpose, but it was not signed into law.
  • The 25th Amendment was enacted in the wake of the assassination of John F. Kennedy, whose predecessor Dwight Eisenhower suffered major heart attacks. It was meant to create a clear line of succession and prepare for urgent contingencies.
  • The portion of the 25th Amendment that allows the vice president and Cabinet to remove the president had in mind a leader who was in a coma or suffered a stroke
  • The storming of the Capitol by rioters at the request of the President may end up being the first such contingency in the nation's history.
  • "Our country's being held hostage right now by Donald Trump," he said. "Mitch McConnell and Speaker Pelosi cannot even meet in the Capitol today ... so I think we now have to go into our constitutional kit bag and find what we can do to control Donald Trump and certainly the 25th Amendment is there."
anonymous

Opinion: Mass shootings show what is poisoning American democracy - CNN - 0 views

shared by anonymous on 26 Mar 21 - No Cached
  • he recent shootings in Boulder and Atlanta have put the issue of gun violence at the center of America's national discussion, and both tragedies demand greater attention be paid to how racism and gun violence, especially mass shootings, intersect.
  • At a policy level, Congress and the President should pass common-sense gun control laws, complete with stringent background checks, and an assault weapon ban that would reduce the likelihood of mass shootings and gun violence.
  • Right-wing narratives suggesting that Americans' second amendment birthright -- along with White patriarchal power structures -- are under assault spread not only among hate groups online but in Congress. "Every time that there's an incident like this," observed Wyoming Republican Sen. Cynthia Lummis, "the people who don't want to protect the Second Amendment use it as an excuse to further erode Second Amendment rights."
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  • The Supreme Court is scheduled this week to discuss adding a case to the next term's docket that could expand the scope of the Second Amendment if the court declares New York state's stringent concealed carry law a violation of an individual's right to possess a firearm.
  • America's broken political system prevents even basic, common-sense gun control legislation from ever seeing the light of day.
  • Race plays a central role in America's twisted history of gun control. When Black folk, from Malcolm X to the Black Panthers, tried to apply their Second Amendment right to bear arms in the service of defending Black lives against racial terror they were violently repudiated.
  • The Republican Party, beginning with Richard Nixon's 1968 "law and order" campaign and continuing through Sen. Ron Johnson's comments about Black Lives Matter in relation to the January 6 insurrection, has successfully vilified large parts of the Black community as criminal. At times this was done with an assist from Democrats, including then-Sen. Joe Biden's coauthorship of the 1994 Crime Bill, who co-signed treating many Black Americans as gun-toting "thugs."
  • In this sense, America's crisis of mass shootings -- ongoing before the Covid-19 pandemic and continuing amid its ravages -- is not only bound up in the operations of our political institutions but also more emotionally connected to how some White Americans understand their relationship to our national identity.
  • Organized racial terrorist groups, beginning in the late 19th century, reached new peaks of national respectability in the early 20th century as the reformulated Klan (rebirthed in Stone Mountain, Georgia) marched 30,000 strong at the US Capitol on August 8, 1925.
  • White supremacist violence infects our criminal justice system as much as it does our political institutions. Dylann Roof, the young White racist who murdered nine Black church parishioners in Charleston, South Carolina, in 2015, was treated with respect, even kindness, by law enforcement, who stopped by a fast-food restaurant to get him something to eat after he committed mass murder.
  • Perhaps what is most striking in the case of the apprehension of violent White mass shooters is that law enforcement routinely manages to arrest them unharmed. This stands out in stark contrast to oftentimes innocent Black suspects who end up dead at the hands of the police.
  • The deadly assault on the US Capitol cast a spotlight on how predominantly White law enforcement understood, responded to and at times sympathized with White rioters who brandished Confederate flags and anti-Semitic propaganda in the Capitol building rotunda.
  • We will see a sign of true equity in criminal justice when we can see Black and White shooting suspects safely apprehended at identical rates. But limiting the easy access to guns and ending racist police violence will not eradicate White rage.
katherineharron

House to vote on resolution calling to remove President Trump from office by the 25th A... - 0 views

  • The House of Representatives is expected to vote Tuesday on a measure calling for President Donald Trump to be removed from office through the 25th Amendment in the wake of the violent siege of the US Capitol last week.
  • The resolution, brought forward by Democratic Rep. Jamie Raskin of Maryland, calls on Vice President Mike Pence "to immediately use his powers under section 4 of the 25th Amendment to convene and mobilize the principal officers of the executive departments in the Cabinet to declare what is obvious to a horrified nation: That the President is unable to successfully discharge the duties of his office."
  • Approval of the resolution by the Democratic-led House will stand as a symbolic rebuke to the President as many lawmakers are furious and reeling from the deadly attack on the Capitol by Trump supporters seeking to overturn the results of the 2020 election.
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  • It comes as House Democrats are now moving rapidly toward impeaching the President for a second time as a result of the insurrection, which Trump incited after repeatedly making false claims that the election had been stolen from him
  • House Democrats plan to vote Wednesday to impeach Trump
  • Rep. Liz Cheney, the No. 3 House Republican, told colleagues on a conference call Monday evening that Wednesday's impeachment vote is a "vote of conscience,"
  • The House will vote Tuesday evening on the resolution urging Pence to invoke the 25th Amendment to remove Trump, and then will plan to vote Wednesday at 9 a.m. ET on the impeachment resolution, Hoyer said.
  • Invoking the 25th Amendment would require Pence and a majority of the Cabinet to vote to remove Trump from office due to his inability to "discharge the powers and duties of his office" -- an unprecedented step. Pence has so far given no indication that he would take that action.
  • Pelosi and Senate Democratic Leader Chuck Schumer called Pence a day after the Capitol attack to discuss the 25th Amendment -- but Pence never took the call after they were on hold for 25 minutes.
  • In her statement on Monday, Pelosi said that as a "next step," House Democrats "will move forward with bringing impeachment legislation to the Floor."
  • Pelosi accused House Republicans of "enabling the President's unhinged, unstable and deranged acts of sedition to continue," adding, "Their complicity endangers America, erodes our Democracy, and it must end."
katherineharron

Supreme Court sidesteps major ruling on 2nd Amendment after New York changes gun law - ... - 0 views

  • The Supreme Court declined on Monday to rule in a case concerning the scope of the 2nd Amendment, dealing a blow to supporters of gun rights and lawyers for the government who had hoped the newly solidified conservative majority would expand gun rights as early as this term.
  • The case, which was argued in December, concerns a New York City law that regulates where licensed handgun owners can take a locked and unloaded handgun.
  • When the Supreme Court agreed to take up the case, the law blocked individuals from removing a handgun from the address listed on the license except to travel to nearby authorized small arms ranges or shooting clubs.
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  • In a twist, after the Supreme Court agreed to hear the case, the city allowed licensed owners to take handguns to other locations, including second homes or shooting ranges outside city limits. In addition, the State of New York amended its handgun licensing statute to require localities to allow licensed gun owners to engage in such transport.
rerobinson03

Opinion | Why America Can't Fix Its Gun Violence Crisis - The New York Times - 0 views

  • We know what causes America’s gun violence problem. Why can’t we seem to do anything about it? Here are some of the most popular and persuasive explanations.
  • In the minds of many gun control proponents, American life has become — or perhaps always was — a zero-sum game in which one party’s freedom to exist in peace has lost out to another’s prerogative to kill. In this view, mass death is simply the cost gun owners are willing to inflict on the country for the right to bear arms.
  • he different stories Americans tell themselves about the roots of gun violence preclude shared understanding: As long as they disagree about the cause of the problem, they will disagree about how to fix it. “Given the significant proportion of citizens who own guns,” the authors conclude, “the prospect for policy changes that address gun‐related causes of mass shootings is unlikely.”
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  • Already a counter-majoritarian institution, the Senate was made even more so by the rise of the modern filibuster in the 20th century, which allows a minority to block majority-supported legislation. That means most substantive legislation must get 60 votes in the Senate to pass — often an exceedingly difficult threshold to reach.
  • It was a statement that exemplified a common strain of thought among gun control proponents, one that casts the N.R.A. as the sine qua non of our national deadlock on the issue. As my colleague Nicholas Kristof has explained, the N.R.A. used to be a more moderate organization: It favored tighter gun laws in the 1920s and 1930s, and as recently as the 1960s supported — albeit more grudgingly — some limits on guns.
  • “The N.R.A. is powerful for precisely the reason most potent progressive organizations are powerful,” David French has written in National Review. “Like those progressive counterparts, the N.R.A. is an effective part of a larger community, and it is effective precisely because it persuasively expresses the will of its members and allies.” In his view, the N.R.A. does not manipulate people into supporting gun rights; rather, it reflects and channels the desires of people who already do
  • Gun control proponents often argue that the Second Amendment was meant to protect the right of state militias, not individuals, to bear arms. This interpretation is disputed by gun rights proponents, but not exclusively: The historian Roxanne Dunbar-Ortiz, who favors the Second Amendment’s repeal, has argued that it was expressly designed to enshrine not only the right but also the obligation of individual colonial settlers to violently appropriate Native land and to control Black populations, both free and enslaved.
  • This interpretive turn has led to calls for the Second Amendment’s repeal, including from the retired justice John Paul Stevens. Justice Stevens was one of the four dissenters in the Heller case, whose ruling he believed could be overturned only with a new constitutional amendment that voided the second. Doing so, he wrote in The Times in 2018, “would be simple and would do more to weaken the N.R.A.’s ability to stymie legislative debate and block constructive gun control legislation than any other available option.”
  • But none of them — not universal background checks, not red flag laws, not even a ban on assault-style weapons — would confront the core issue: America simply has too many guns.That is the view of Mr. Lopez, who contends that stamping out gun violence would require a Green New Deal-size plan that offers solutions at the scale of the problem. “If the key difference between America and other countries is how many more guns the U.S. has, then something has to be done to quickly reduce the number of firearms here,” he writes. “It could mean banning more types of guns — perhaps all semiautomatic weapons or all handguns — and coupling that with an Australian-style mandatory buyback program, which the research supports.”
redavistinnell

Senate rejects gun control amendments offered following San Bernardino shooting - The W... - 0 views

  • Senate rejects gun control amendments offered following San Bernardino shooting
  • The Senate on Thursday voted down two gun control proposals put forward by Democrats in response to this week’s deadly shooting in San Bernardino, Calif., in a series of votes that highlighted the intractable party divide over how to respond to gun violence.
  • Feinstein’s amendment was identical to legislation she previously filed on the same topic, while the expansion of background checks for gun purchases mirrored language championed by Sens. Manchin and Pat Toomey (R-Pa.) in 2013, following the mass shooting at Sandy Hook Elementary School three years ago this month.
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  • “We have an opportunity to do it now with the height of  everything happening,” Manchin said. “For us not to do anything, just sit here and be mum would be just as bad.”
  • “We need to renew the assault weapons ban. We need to end the sale of high capacity magazines. We need to make gun trafficking a federal crime and give law enforcement the tools they need to get illegal guns off of the streets. We need to close the gun show loophole as well as loopholes that allow gun purchasers to buy a gun after the waiting period expires without a completed background check.”
  • That episode remains the closest the Senate has come to a consensus on gun control and will likely remain a big part of the debate.
  • “The problem with these mass shootings, which seem to be happening with increasing frequency, is too often we propose either more restrictions on gun ownership or more background checks for gun purchasers, versus mental health reform — when in fact we need both. That’s what I would like to see.”
  • To counter Feinstein’s amendment, Senate Majority Whip John Cornyn (R-Texas) proposed a measure that would give the attorney general the power to impose a 72-hour delay for individuals on the terror watch list seeking to purchase a gun and it could become a permanent ban if a judge determines there is probable cause during that time window.
  • “To use Sen. Kennedy – let him be on the watch list, he’s not going to go buy a gun and hurt anybody,” Senate Minority Leader Harry Reid (D-Nev.) argued, calling Cornyn’s alternative “dangerous” and “ridiculous.”
  • Democratic leaders said Grassley’s proposal would roll back gun laws, not improve them
  • Sens. John McCain (R-Ariz.), Collins and Pat Toomey (R-Pa.) also voted in favor of Manchin’s amendment to expand background checks. Sen. Ron Johnson (R-Wisc.), who is facing a tough reelection campaign in 2016, abstained from the vote on Manchin’s proposal, though he voted with Republican Party on the other gun control amendments Thursday.
  • Pelosi said she believes there are sufficient votes in the House to expand background checks to Internet sales and gun shows and to block individuals on the terrorist watch list from purchasing weapons.
  • Senate Democratic Policy Committee Chair Charles E. Schumer (N.Y.) pledged Democrats won’t give up the battle.
  • With the San Bernardino rampage marking the 355th mass shooting this year, Congress has repeatedly talked about action but hasn’t taken it. Senate Democrats recently tried unsuccessfully to jump-start a campaign to pass gun control legislation in the wake of a deadly shooting at a college campus in Roseburg, Ore.
  • “To be honest with you, I don’t see it moving now,” said Rep. Peter King (R-N.Y.), who noted he has been sponsoring the bill for the last nine years.
  • Overall, Democrats do not support the budget reconciliation package, which would repeal large portions of Obamacare and defund Planned Parenthood.
Javier E

The Cancer in the Constitution - The New York Times - 0 views

  • The amendment itself is not the problem. Yes, it’s vague, poorly worded, lacking nuance. But the intent is clear with the opening clause: “A well regulated militia, being necessary to the security of a free State.”
  • The purpose is security — against foreign invaders and domestic insurrectionists. President George Washington relied on a well-regulated militia from three states to put down the Tea Partyers of his day, the tax-evading lawbreakers in the Whiskey Rebellion.
  • the Second Amendment became a cancer because lawmakers stopped making laws to match the technological advances of weaponry. They did it to appease a lobby of gunmakers. And that cowering to a single special interest shows how the cancer has spread to the democracy itself, making it nearly impossible for majority will to be exercised.
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  • . The Supreme Court, though it ruled 5-4 in the 2008 Heller case that an individual has the right to own a gun unconnected to service in a militia, has left the door open to sensible regulation.“Like most rights, the Second Amendment right is not unlimited,” the court wrote in that case. “It is not a right to keep and carry any weapon whatsoever in any manner whatsoever for whatever purpose.”
  • The disgraced former cable pundit Bill O’Reilly said all the recent carnage is “the price of freedom.” But it’s not the price of freedom in Canada or Japan or England. It’s the price of freedom only in the United States, where mass killings have surged. In every other free country, sanity has prevailed.
  • It’s a no-brainer to pass a law designed to keep people from turning their AKs into machine guns with the so-called bump stocks. But it was also a no-brainer to restrict people on terrorism watch lists from buying guns, as was proposed after the Orlando slaughter of 49 people last year. It failed.
Javier E

Is the N.R.A. Un-American? - NYTimes.com - 0 views

  • In 1990, Fred Romero, an N.R.A. field representative, put the case as clearly as possible: “The Second Amendment is not there to protect the interests of hunters, sport shooters and casual plinkers.” Rather, the “Second Amendment is … literally a loaded gun in the hands of the people held to the heads of government.”
  • how can the people’s enemy be the representatives elected by the people?
  • The N.R.A. militants have an answer. The purpose of the American Revolution was to secure the freedom of individuals and that means a minimally intrusive government. Representatives elected to safeguard that freedom may become intoxicated by their power and act in ways that restrict rather than enhance individual choice. At that point it is the people’s right and duty to rise against them. Measures limiting gun ownership are a sure sign that government is moving in the direction of central control and tyranny.
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  • But who gets to decide that tyranny is imminent, and by what measure is the imminence of tyranny determined?
  • A commenter posting under the name Sanchez explained that “Tyranny consists of many things we have experienced the last 4 years, the firearm issue the latest in the line of them.” The point was echoed and amplified by another commenter, William Gill: “The second amendment is the only one that can assure the protection of your other rights which are being attacked almost daily by the current administration.” (In short, the Obama administration = tyranny.)
  • A commenter posting as Steve responded, “It’s not ‘Tyranny’ just because you were outvoted. That’s Democracy.”
  • he is met immediately by two responses from other commenters. First, “Steve, you’re assuming that the voting process was above board! Let’s face it, this election in November was by no means above board.” That is, the election results did not reflect majority will but some form of corrupt manipulation. (Those conspiring to overthrow government cite a conspiracy theory as their justification.)
  • The second response cuts deeper: “We live in a Republic Steve … majority rules is a problem indeed” (Buck Harmon). Harmon is invoking the familiar distinction between a democracy and a republic. In a democracy the majority determines what the law is and could, at least theoretically, take away the rights of individuals for the sake of the “public good.” In a republic, majority will is held in check by constitutional guarantees that forbid legislation encroaching on individual rights even if 51 percent or 95 percent of the population favors it
  • It follows from this distinction that a government elected by the majority can begin to think it can do anything it wants to, can begin to act as if we lived in a democracy rather than in a republic, and when that happens, or is in danger of happening, there is what the former Senate candidate Sharron Angle called a “Second Amendment remedy.”
  • So for Angle and others, that’s the shape of tyranny — legislation that, in their judgment, abridges constitutionally protected rights. Sanchez explains: “We are all to decide what tyranny is. Just as we decide what law we obey or not.”
  • This antinomian declaration — our inner light will tell us when and when not to obey — flies in the face of another commonplace of democracy: ours is a government of laws not men (a declaration found in the 1780 Constitution of Massachusetts).
  • Another version of the commonplace is, no man is above the law.
  • C. P. takes the logic to its conclusion: “Secession is near. Can’t wait. Which by the way is Constitutional.” It’s constitutional, in this view, because a government in the act of eroding constitutional values is itself unconstitutional and has become a tyranny. Therefore to oppose it by whatever means available, including force, is not to undermine constitutionality, but to affirm it.
  • is it — to return to my original musings — un-American? Yes and no. On the one hand, nothing can be more American than throwing off the shackles of a government that has overstepped its bounds and disregarded the rights of its citizens.
  • on the other hand, the American tradition of accepting the results of elections — even when they bring with them policies you believe to be misguided at best and disastrous at worst — is in danger of being undermined when groups of armed people decide that the present leadership is infected by unpatriotic, socialist ideas and must be resisted at all costs.
  • A government founded in a revolutionary moment is always vulnerable to a determination by a zealous minority that its revolutionary ideals have been compromised by itself. When that happens, each side will engage in its favored rhetoric,
Javier E

Today's Voter Suppression Tactics Have A 150 Year History - Talking Points Memo - 0 views

  • The tools that broke American democracy were not just the Ku Klux Klan’s white sheets, vigilantes’ Red Shirts, and lynch mobs’ nooses; they were devices we still encounter when we vote today: the registration roll and the secret, official ballot.
  • Along with exclusions of felons and permanent resident aliens, these methods swept the entire United States in the late 19th century, reducing nationwide voter participation from about 80 percent to below 50 percent by the 1920s.
  • turnout in the United States has never recovered; by one 2018 survey, the country ranks 26th of 32 developed democracies in participation.
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  • Once the war came, hundreds of thousands of Irish and German immigrants enlisted in the U.S. Army. For a time this flood of foreign-born soldiers swept nativism away. In the years after the Civil War, 12 states explicitly enfranchised immigrant aliens who had declared their intention to become naturalized but had not yet been made citizens. Voting by non-citizens who planned to become naturalized was “widely practiced and not extraordinarily controversial” in this period, political scientist Ron Hayduk argues.
  • In the early 1800s, as organized political parties began to fight over issues like banking and infrastructure, that changed; turnout rose to 70 percent in local and state elections. Still, presidential polls remained dull and ill-attended. That changed in Jackson’s second run for the presidency in 1828. Heated debates and even-hotter tempers attracted men to the polls
  • Democracy for white men did not, however, spill over to democracy for everyone; in this same period several states rolled back laws that permitted free black men to vote.
  • For white men, the United States became a democracy by degrees, not by design, and it showed in the chaotic voting systems
  • While colonial Americans cast beans, peas, and corn into containers or called their vote aloud, in the 1800s most men either wrote the candidate’s name on a blank sheet of paper or turned in a ballot helpfully printed for them by the local political party or newspaper. Outside of Massachusetts, almost no one registered to vote
  • Today, the ubiquity of voter registration blinds us to its impact. It is a price we all pay for voting and so no longer think of as a price at all. But nineteenth-century Americans understood the costs. Registering in person months before the election minimized the chance of fraud but doubled the difficulty of voting and the possibility of interference
  • Alexander Keyssar’s excellent history of voting called the 1850s a period of “narrowing of voting rights and a mushrooming upper- and middle-class antagonism to universal suffrage.”
  • the flood of 200,000 black men into the U.S. Army and Navy inspired them — and others — to claim the vote as their due. “If we are called on to do military duty against the rebel armies in the field, why should we be denied the privilege of voting against rebel citizens at the ballot-box?
  • Another way to bar African-American men was to expand the number of disfranchising crimes. Cuffie Washington, an African American man in Ocala, Florida, learned this when election officials turned him away in 1880 because he had been convicted of stealing three oranges. Other black men were barred for theft of a gold button, a hog, or six fish. “It was a pretty general thing to convict colored men in the precinct just before an election,” one of the alleged hog thieves said.
  • By the fall of 1867, more than 80 percent of eligible African-American men had registered. During the subsequent elections, at least 75 percent of black men turned out to vote in five Southern states. Democracy has a long history, but almost nothing to match this story.
  • Smalls and his compatriots tore down racial barriers; established public school systems, hospitals, orphanages, and asylums; revised tenancy laws; and tried (sometimes disastrously) to promote railroad construction to modernize the economy. Reconstruction governments also provided crucial votes to ratify the 14th Amendment, which is still the foundation of birthright citizenship, school desegregation, protection against state limits on speech or assembly, and the right to gay marriage.
  • , South Carolina, the counter-revolution was brewing in the upcountry by summer 1868. Ku Klux Klans and other vigilantes there assassinated Benjamin Franklin Randolph, a wartime chaplain, constitutional convention member, and newly elected state senator, as well as three other African-American Republican leaders. Nevertheless black South Carolinians turned out in force, carried the 1868 election, and helped elect Ulysses S. Grant president.
  • In his March 4, 1869 inaugural, Grant called on states to settle the question of suffrage in a new 15th Amendment. Anti-slavery icon Frederick Douglass said the amendment’s meaning was plain. “We are placed upon an equal footing with all other men.” But the 15th Amendment did not actually resolve the question of who could vote or establish any actual right to vote. It merely prohibited states from excluding voters based on “race, color, or previous condition of servitude.” Its own language acknowledged that states could legitimately strip the vote away for other reasons
  • proposed prohibitions on literacy, education, property, or religious tests died at the hands of northeastern and western Republicans who feared expanding the power of Irish and Chinese immigrants.
  • Nor did the 15th Amendment protect voters against terrorism. As Smalls and other African-American Republicans gained seats in Congress, they and their white allies tried to defend black voting through a series of enforcement acts that permitted the federal government to regulate registration and punish local officials for discrimination. But the Supreme Court soon undercut those laws
  • Without hope of victory, federal prosecutions for voting crimes fell by 90 percent after 1873.
  • Keeping African-American people away on election day was difficult, and potentially bad publicity, so white Democrats over the 1870s and 1880s passed registration laws and poll taxes, and shifted precinct locations to prevent black people from coming to the polls at all. In 1882, the South Carolina legislature required all voters to register again, making the registrar, as one African-American political leader said, “the emperor of suffrage.
  • To disfranchise rural laborers, Alabama, Arkansas, Georgia, North Carolina, and other Southern states doubled residency requirements.
  • Using data painstakingly compiled by Philip Lampi, historians have discovered that somewhere between half and three-quarters of adult white males were eligible to vote before the Revolution; by 1812, almost the entire adult white male population could cast a ballot.
  • By the 1880s, this so-called “kangaroo voting” seemed the solution to every political problem. Reformer Henry George and Knights of Labor leaders hoped the Australian ballot would free workingmen from intimidation, while reformers in Boston and New York hoped it might eliminate fraud and make it difficult for illiterate men to fill out ballots.
  • Massachusetts leapt first in 1889, and by the 1892 election a majority of states had passed the bill. In Massachusetts, turnout dropped from 54.57 to 40.69 percent; in Vermont from 69.11 to 53.02. One statistical survey estimated that voter turnout dropped by an average of 8.2 percent. The Australian ballot’s “tendency is to gradual disfranchisement,” the New York Sun complained.
  • by stripping political parties’ names from the ballot, the reform made it difficult for illiterate voters, still a sizable portion of the electorate in the late 19th century. But even more profoundly, the effort to eliminate “fraud” turned election day from a riotous festival to a snooze. Over time many people stayed home
  • In New York, voter participation fell from nearly 90 percent in the 1880s to 57 percent by 1920
  • The 1888 election was almost a very different turning point for voting rights. As Republicans gained control of the House, Senate, and White House for the first time in a decade, they tried to bolster their party by establishing federal control of congressional elections so they could protect African-American voting rights in the south (and, Democrats charged, block immigrant voting in northern cities). The bill’s dual purposes were embodied in its manager, anti-immigrant, pro-black suffrage Massachusetts Congressman Henry Cabot Lodge. Although the bill passed the House, it died in a Senate filibuster. Democrats swept the House in the fall 1890 elections and soon repealed many of the remaining voting rights provisions.
  • African-American registration in Mississippi soon fell from 190,000 to 9,000; overall voter participation dropped from 70 percent in the 1870s to 50 percent in the 1880s to 15 percent by the early 1900
  • “We have disfranchised the African in the past by doubtful methods,” Alabama’s convention chairman said in 1901, “but in the future we’ll disfranchise them by law.”
  • These laws and constitutional provisions devastated voting in the South. When Tennessee passed a secret ballot law in 1889, turnout fell immediately from 78 percent to 50 percent; Virginia’s overall turnout dropped by 50 percent. For African-American voters, of course, the impact was even more staggering. In Louisiana black registration fell from 130,000 to 1,342. By 1910 only four percent of black Georgia men were registered.
  • Poll taxes, intimidation, fraud, and grandfather clauses all played their part, but the enduring tools of registration and the Australian ballot worked their grim magic, too, and made voters disappear.
  • In the landmark case Shelby County v. Holder, Chief Justice John Roberts turned the disfranchisement of the 1890s into a racial and regional exception, one that had since been overwhelmed by the national tide of democracy. “Our country has changed,” Roberts wrote in the majority opinion.
  • This is part of what political scientist Alexander Keyssar critically called the “progressive presumption” that there is an “inexorable march toward universal suffrage” interrupted only by anomalous, even un-American, regional and racial detours.
  • But the tools that disfranchised Jackson Giles were not all Southern and not only directed at African-American men. When the United States conquered Puerto Rico and the Philippines, it imposed the Australian ballot there, too.
  • in 1903, Supreme Court Justice Oliver Wendell Holmes, a Massachusetts native, denied Giles’ appeal on the grounds that the court could not intervene in political questions. If citizens like Giles suffered a “great political wrong,” Holmes intoned, they could only look for help from the same political system that had just disfranchised them
  • The great writer Charles Chesnutt wrote that “In spite of the Fifteenth Amendment, colored men in the United States have no political rights which the States are bound to respect.” It was a “second Dred Scott decision,” white and black activists lamented.
Javier E

Ibram Kendi's Crusade against the Enlightenment - 0 views

  • Over the last few days that question has moved me to do a deeper dive into Kendi’s work myself—both his two best-sellers, Stamped from the Beginning and How to Be and Antiracist, and an academic article written in praise of his PhD adviser, Molefi Kete Asante of Temple University.
  • That has, I think, allowed me to understand both the exact nature and implications of the positions that Kendi is taking and the reason that they have struck such a chord in American intellectual life. His influence in the US—which is dispiriting in itself—is a symptom of a much bigger problem.
  • In order to explain the importance of Asante’s creation of the nation’s first doctoral program in black studies, Kendi presents his own vision of the history of various academic disciplines. His analytical technique in “Black Doctoral Studies” is the same one he uses in Stamped from the Beginning. He strings together clearly racist quotes arguing for black racial inferiority from a long list of nineteenth- and twentieth-century scholars
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  • Many of these scholars, he correctly notes, adopted the German model of the research university—but, he claims, only for evil purposes. “As racist ideas jumped off their scholarly pages,” he writes, “American scholars were especially enamored with the German ideal of the disinterested, unbiased pursuit of truth through original scholarly studies, and academic freedom to propagandize African inferiority and European superiority [sic].”
  • just as Kendi argues in Stamped from the Beginning that the racism of some of the founding fathers irrevocably and permanently brands the United States as a racist nation, he claims that these disciplines cannot be taken seriously because of the racism of some of their founders
  • Kendi complains in the autobiographical sections of How to Be an Antiracist that his parents often talked the same way to him. Nor does it matter to him that the abolitionists bemoaning the condition of black people under slavery were obviously blaming slavery for it. Any negative picture of any group of black people, to him, simply fuels racism.
  • Two critical ideas emerge from this article. The first is the rejection of the entire western intellectual tradition on the grounds that it is fatally tainted by racism, and the need for a new academic discipline to replace that tradition.
  • the second—developed at far greater length in Kendi’s other works—is that anyone who finds European and white North American culture to be in any way superior to the culture of black Americans, either slave or free, is a racist, and specifically a cultural racist or an “assimilationist” who believes that black people must become more like white people if they are to progress.
  • Kendi, in Stamped from the Beginning, designated Phyllis Wheatley, William Lloyd Garrison, Harriet Beecher Stowe, Sojourner Truth, W. E. B. DuBois, E. Franklin Frazier, Kenneth and Mamie Clark, and other black and white champions of abolition and equal rights as purveyors of racist views. At one time or another, each of them pointed to the backward state of many black people in the United States, either under slavery or in inner-city ghettos, and suggested that they needed literacy and, in some cases, better behavior to advance.
  • because racism is the only issue that matters to him, he assumes—wrongly—that it was the only issue that mattered to them, and that their disciplines were nothing more than exercises in racist propaganda.
  • This problem started, he says, “back in the so-called Age of Enlightenment.” Elsewhere he calls the word “enlightenment” racist because it contrasts the light of Europe with the darkness of Africa and other regions.
  • In fact, the western intellectual tradition of the eighteenth century—the Enlightenment—developed not as an attempt to establish the superiority of the white race, but rather to replace a whole different set of European ideas based on religious faith, the privilege of certain social orders, and the divine right of kings
  • many thinkers recognized the contradictions between racism and the principles of the Enlightenment—as well as its contradiction to the principles of the Christian religion—from the late eighteenth century onward. That is how abolitionist movements began and eventually succeeded.
  • Like the last movement of Beethoven’s Ninth Symphony—which has become practically the alternate national anthem of Japan—those principles are not based upon white supremacy, but rather on a universal idea of common humanity which is our only hope for living together on earth.
  • The western intellectual tradition is not his only target within modern life; he feels the same way about capitalism, which in his scheme has been inextricably bound together with racism since the early modern period.
  • “To love capitalism,” he says, “is to end up loving racism. To love racism is to end up loving capitalism.” He has not explained exactly what kind of economic system he would prefer, and his advocacy for reparations suggests that he would be satisfied simply to redistribute the wealth that capitalism has created.
  • Last but hardly least, Kendi rejects the political system of the United States and enlightenment ideas of democracy as well.
  • I am constantly amazed at how few people ever mention his response to a 2019 Politico poll about inequality. Here it is in full.
  • To fix the original sin of racism, Americans should pass an anti-racist amendment to the U.S. Constitution that enshrines two guiding anti-racist principals: Racial inequity is evidence of racist policy and the different racial groups are equals. The amendment would make unconstitutional racial inequity over a certain threshold, as well as racist ideas by public officials (with “racist ideas” and “public official”
  • The DOA would be responsible for preclearing all local, state and federal public policies to ensure they won’t yield racial inequity, monitor those policies, investigate private racist policies when racial inequity surfaces, and monitor public officials for expressions of racist ideas. The DOA would be empowered with disciplinary tools to wield over and against policymakers and public officials who do not voluntarily change their racist policy and ideas.
  • In other words, to undo the impact of racism as Kendi understands it, the United States needs a totalitarian government run by unaccountable “formally trained experts in racism”—that is, people like Ibram X. Kendi—who would exercise total power over all levels of government and private enterprise
  • Kendi evidently realizes that the American people acting through their elected representatives will never accept his antiracist program and equalize all rewards within our society, but he is so committed to that program that he wants to throw the American political system out and create a dictatorial body to implement it.
  • How did a man pushing all these ideas become so popular? The answer, I am sorry to say, is disarmingly simple. He is not an outlier in the intellectual history of the last half-century—quite the contrary.
  • The Enlightenment, in retrospect, made a bold claim that was bound to get itself into trouble sooner or later: that the application of reason and the scientific method to human problems could improve human life. That idea was initially so exciting and the results of its application for about two centuries were so spectacular that it attained a kind of intellectual hegemony, not only in Europe, but nearly all over the world.
  • As the last third of the twentieth century dawned, however, the political and intellectual regime it had created was running into new problems of its own. Science had allowed mankind to increase its population enormously, cure many diseases, and live a far more abundant life on a mass scale.
  • But it had also led to war on an undreamed-of scale, including the actual and potential use of nuclear weapons
  • As higher education expanded, the original ideas of the Enlightenment—the ones that had shaped the humanities—had lost their novelty and some of their ability to excite.
  • last but hardly least, the claimed superiority of reason over emotion had been pushed much too far. The world was bursting with emotions of many kinds that could no longer be kept in check by the claims of scientific rationality.
  • A huge new generation had grown up in abundance and security.
  • The Vietnam War, a great symbol of enlightenment gone tragically wrong, led not only to a rebellion against American military overreach but against the whole intellectual and political structure behind it.
  • The black studies movement on campuses that produced Molefi Kete Asante, who in turn gave us Ibram X. Kendi, was only one aspect of a vast intellectual rebellion
  • Some began to argue that the Enlightenment was simply a new means of maintaining male supremacy, and that women shared a reality that men could not understand. Just five years ago in her book Sex and Secularism, the distinguished historian Joan Wallach Scott wrote, “In fact, gender inequality was fundamental to the articulation of the separation of church and state that inaugurated Western modernity. . . .Euro-Atlantic modernity entailed a new order of women’s subordination” (emphasis in original). Gay and gender activists increasingly denied that any patterns of sexual behavior could be defined as normal or natural, or even that biology had any direct connection to gender. The average graduate of elite institutions, I believe, has come to regard all those changes as progress, which is why the major media and many large corporations endorse them.
  • Fundamentalist religion, apparently nearly extinct in the mid-twentieth century, has staged an impressive comeback in recent decades, not only in the Islamic world but in the United States and in Israe
  • Science has become bureaucratized, corrupted by capitalism, and often self-interested, and has therefore lost a good deal of the citizenry’s confidence.
  • One aspect of the Enlightenment—Adam Smith’s idea of free markets—has taken over too much of our lives.
  • in the academy, postmodernism promoted the idea that truth itself is an illusion and that every person has the right to her own morality.
  • The American academy lost its commitment to Enlightenment values decades ago, and journalism has now followed in its wake. Ju
  • Another aspect of the controversy hasn’t gotten enough attention either. Kendi is a prodigious fundraiser, and that made him a real catch for Boston University.
  • No matter what happens to Ibram X. Kendi now, he is not an anomaly in today’s intellectual world. His ideas are quite typical, and others will make brilliant careers out of them as well
  • We desperately need thinkers of all ages to keep the ideas of the Enlightenment alive, and we need some alternative institutions of higher learning to cultivate them once again. But they will not become mainstream any time soon. The last time that such ideas fell off the radar—at the end of the Roman Empire—it took about one thousand years for their renaissance to begin
  • We do not as individuals have to give into these new ideas, but it does no good to deny their impact. For the time being, they are here to stay.
hannahcarter11

Cori Bush Condemns Republicans Who Skirted Metal Detectors At U.S. Capitol | HuffPost - 0 views

  • Rep. Cori Bush (D-Mo.) lambasted her Republican colleagues who refused to follow new safety rules at the U.S. Capitol on Tuesday, saying lawmakers who refused to use new metal detectors to do their work in Congress should get another job.
  • Many House Republicans refused to use the metal detectors on Tuesday evening when they entered the chamber to vote on a resolution calling on Vice President Mike Pence to invoke the 25th Amendment to the Constitution to strip President Donald Trump of his powers
  • “The speaker and her Democratic colleagues think an appropriate response is to prevent members from exercising their Second Amendment constitutional rights in the very place that wasn’t secure a week ago,” Steube said on the House floor. “This attack didn’t come from the inside; it came from the outside. And to respond by restricting members’ Second Amendment rights … is appalling.”
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  • Bush said Tuesday night that her Republican colleagues were simply trying to “push the limits as far as they can.”
  • “If they won’t abide by the simple things this job calls for, then go find another one.”
aidenborst

Trump impeachment: Democrats promise quick move to impeachment if 25th Amendment push f... - 0 views

  • Pelosi said the House will attempt to pass a resolution by unanimous consent Monday morning calling for Pence and Trump's Cabinet to invoke the 25th Amendment and remove Trump from office.
  • The resolution will call on Pence to respond within 24 hours and, if not, the House would move to impeach the President.
  • "In protecting our Constitution and our Democracy, we will act with urgency, because this President represents an imminent threat to both. As the days go by, the horror of the ongoing assault on our democracy perpetrated by this President is intensified and so is the immediate need for action," Pelosi said.
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  • House Democrats are still discussing whether a vote to impeach Trump could be Tuesday or Wednesday, per aides.
  • "We'll take the vote that we should take in the House, and (House Speaker Nancy Pelosi) will make the determination as to when is the best time to get that vote and get the managers appointed and move that legislation over to the Senate," Clyburn told CNN's Jake Tapper on "State of the Union."
  • "It just so happens that if it didn't go over there for 100 days, it could -- let's give President-elect Biden the 100 days he needs to get his agenda off and running, and maybe we'll send the articles sometime after that," the South Carolina Democrat added.
  • By impeaching and removing Trump, even at this late stage of his term, the Senate could subsequently vote to disqualify him from ever holding federal office again, taking an extraordinary action against a former president.
  • The comments from Clyburn come as Democrats grapple with how impeaching Trump for a second time could impact Biden's early days in office, when he is working to get administration appointments approved in the Senate and tackling legislative priorities, like another coronavirus relief package.
  • Pelosi said in a interview on CBS' "60 Minutes" set to air Sunday evening that she liked the idea of invoking the 25th Amendment "because it gets rid of him," but explained, "one of the motivations people have for advocating for impeachment" is to prevent Trump from holding office again.
  • "There's strong support in the Congress for impeaching the President a second time," she said.
  • Senate Majority Leader Mitch McConnell previously made clear in a memo that even if the House moved in the coming days to impeach Trump, the Senate would not return to session before January 19. That would place the start of the trial on January 20 -- the date of Biden's inauguration.
  • Democrats plan to introduce their impeachment resolution, which already has more than 190 co-sponsors, on Monday and sources tell CNN that the party is looking at having votes no sooner than Wednesday but they are still sorting out their plans.
  • "The train has left the station on impeachment," an official close to Biden told CNN. "Trying to stop it would not only fail, but put Biden on the wrong foot with progressives and most Democrats across the party."
  • Already, several congressional Republicans have joined Democrats in making clear they want Trump to leave office, though not all agree that impeachment is the right option.
  • Sen. Pat Toomey told Tapper Sunday that he thinks Trump should resign. The Pennsylvania Republican -- now the second Republican US senator to call for Trump's resignation -- had previously said he thinks Trump "committed impeachable offenses," but that he wasn't sure removing him this close to the end of his term was the right course of action.
  • Alaska GOP Sen. Lisa Murkowski said Friday that the President should step down from office, telling the Anchorage Daily News of Trump, "I want him out. He has caused enough damage."
  • Rep. Adam Kinzinger of Illinois, meanwhile, has endorsed invoking the 25th Amendment, which would force Trump's removal.
Javier E

Ganesh Sitaraman's "The Crisis of the Middle-Class Constitution" - The Atlantic - 0 views

  • Rebecca J. Rosen: Your new book, The Crisis of the Middle-Class Constitution, is premised on the idea that the American Constitution is what you call a middle-class constitution. What does that mean?
  • Ganesh Sitaraman: The idea of the middle-class constitution is that it’s a constitutional system that requires and is conditioned on the assumption that there is a large middle class, and no big differences between rich and poor in a society.
  • Prior to the American Constitution, most countries and most people who thought about designing governments were very concerned about the problem of inequality, and the fear was that, in a society that was deeply unequal, the rich would oppress the poor and the poor would revolt and confiscate the wealth of the rich.
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  • extreme wealth, there’s extreme poverty, neither of which really exists in America. As a result they don’t need to design a House of Lords and a House of Commons, they don’t need a tribune of the plebs in order to make their constitution work.
  • What we have is a constitutional system that doesn’t build class in at all, and the reason why is that America was shockingly equal at the time in ways that seem really surprising to us today.
  • The idea is that the Constitution relies on a relatively equal society for it to work. In societies that are deeply unequal, the way you prevent strife between rich and poor is you build class right into the structure of government—the House of Lords, House of Commons idea. Everyone has a share in government, but they also have a check on each other.
  • In a country that doesn’t have a lot of inequality by wealth, you don’t need that kind of check. There’s no extreme wealth, there’s no extreme poverty, so you don’t expect there to be strife, to be instability based on wealth. And so there’s no need to put in some sort of check like that into the Constitution.
  • That’s how our Constitution works. The reason why it works this way is that when the founders looked around, they thought America was uniquely equal in the history of the world.
  • We have to distinguish between two separate things. The first is what I’m calling the tradition of the middle-class Constitution, and the idea here is that to have a republic, you have to have relative economic equality, and that’s within the political community.
  • And in an unequal society, the only possible government you could have would be some sort of aristocracy or monarchy.
  • there’s another question which is, who is in the political community? And that’s a question that’s been fiercely debated over our history, fiercely contested over our history.
  • There’s a second tradition that we call the tradition of inclusion, which over time has fought to expand the community to include minorities, to include women. The challenge for anyone who’s interested in continuing both of these traditions is, how do they work together?
  • I think the key thing is, when you expand the political community, you have to make sure that every member of the political community then has the opportunity to join the middle class, or else you can't maintain the structure of the republic and the preconditions for having a republic.
  • In the 17th century in England, James Harrington writes a book called The Commonwealth of Oceana, and it’s a pivotal book, extremely important in the history of political thought. What Harrington argues is that the balance of power in politics in any society will inevitably mirror the balance of property in society, and he talks a lot about property. We can think about that as wealth
  • What Harrington does is he explains this by saying that power has to follow property.
  • his views were well known in the time period. In fact, more so than being known, they were just believed by everyone. Everyone embraced them, in some cases without even necessarily knowing their source, although throughout the founders’ writings they list Harrington as one of the great political thinkers who can comment on what it means to create a republic.
  • their intellectual fountain, is Harrington, who suggests that, if you have an equal society, it is possible to have what he called a commonwealth, or a republic.
  • there’s actually a radical change in our Constitution that we don’t build economic class directly into these institutions. The purpose of the Senate, with its longer terms, is to allow representatives to deliberate in the longer-term interest of the republic, and that’s the goal of the Senate.
  • by the late 19th century, industrialization has reached full force.
  • These are all huge changes in the economy, and they put serious pressure on the economic foundations of the Constitution.
  • The response that starts really in full force in the populist era of the late 19th century and moves into the Progressive Era is to try to combat both economic power and to prevent economic power from turning into political power.
  • antitrust laws
  • People in this time period do a lot of extraordinary things.
  • an income tax
  • the first campaign-finance regulations
  • a constitutional amendment to require the direct election of U.S. senators
  • These factors, these actions, both economic and political, were designed to create what Teddy Roosevelt called an economic democracy that was necessary as a precondition for political democracy.
  • After World War II, something changes. In this period, post-World War II, the idea that economic equality is necessary for our constitutional system falls out of the consciousness of most people.
  • it happens for three reasons. The first is that we experience a huge economic boom. This is a period that economists call the Great Compression. GDP goes up, median wages go up, we build America’s middle class during this period.
  • a lot of things that contributed
  • we regulated the financial industry through the Securities and Exchange Commission, Glass-Steagall during the Great Depression.
  • We also invested a lot in the kinds of things that would build a strong middle class. We sent a generation to college through the GI bill. We invested in infrastructure, which created jobs. We invested in research and development
  • We also encouraged homeownership, and in addition to all of that, we also undertook policies that would help the people who were worst-off in society: Medicare, Medicaid, Head Start. Together, these things meant that we created a society that was more equal economically than we had seen in generations.
  • constitutional debates over the economy waned, because the New Dealers won the fight over the Constitution. Debates about economic policy now just moved into regulatory terms. There was no question that the Constitution empowered the federal government to be able to regulate and operate within the economy.
  • The third big factor is the Cold War.
  • After World War II, the contrast is now between capitalism and communism, not between republics and aristocracies. As a result, the egalitarian tradition in America wanes because of the fear of communism.
  • The fear in that period switches from a fear over aristocrats, oligarchs, and plutocrats to a fear of becoming too much like the Soviet Union and too much like the communists.
  • first had a period of about 30 years where things went really well. We had a growing middle class, an expanding middle class; in fact, it was in this period that we first made serious efforts to make our country more inclusive.
  • then, just at that moment, we started turning in a different direction and undermining many of the policies that had actually built the middle class. So over the last generation, we’ve significantly reduced taxes on the wealthy, we’ve abandoned a serious antitrust policy, we’ve started investing less in the things that create a broad middle class—education, infrastructure, research. And the result of all of this was the stagnating middle class
  • One of the important things about having a large middle class for society is that there’s a sense of everyone being part of the shared project. No one’s so different from each other when there’s a large middle class.
  • People don’t have different economic interests, and as a result, they often don't have very different social interests. People send their kids to the same public schools, they live in the same neighborhoods, they shop in the same places, they play on the same sports teams.
  • When the middle class starts to crumble, people increasingly see themselves as different from others. They sort themselves by wealth, by education level, and the result is that there’s an increasing fracturing of society, a loss of the solidarity that comes with having a large middle class
  • throughout our history, you see big divergences between the tradition of inclusion and the tradition of the middle class. In some cases, they overlap.
  • there’s lots of places we could think about this in our Constitution today
  • I think the most interesting moments in our history, though, are when there were people who understood that these two things had to go together, and in fact tried to build movements around them. The Civil Rights Era is a good example
  • One of the most exciting things about writing this book is discovering how often throughout our history people talked about the Constitution in economic terms. Throughout our history there was a deep sense that to have a republic, to have our Constitution work, we had to have economic equality, and that the Constitution in fact relied on this and in some cases even required action from political leaders to fulfill this economic equality.
  • In Reconstruction, in the Jacksonian Era, the populists, the progressives, the New Dealers. Throughout our history, there is a strong tradition of people who believe this.
  • These two things don’t necessarily have to go together.
  • To take a simple example, a case like Citizens United uses the First Amendment in order to stop efforts, it seems, to make our political and economic system more equal by enabling corporations and wealthy people to have outsized power over the political process. We could think about a wide variety of constitutional provisions differently if we took this seriously—the Equal Protection Clause, the First Amendment, the 13th Amendment, which was seen by the Reconstruction Republicans as not just ending slavery but also empowering Congress to create economic opportunity for people who were struggling economically.
  • Even going back to the ancients there was a fear that economic power would turn into political power and undermine the republic. That’s an oligarchy.
  • First, the wealthy start believing that they’re better than everybody else, that they’re more virtuous, that they deserve to govern
  • The second thing that happens is that the wealthy now have different interests than everybody else. The things that are good for them aren’t actually in the common good, so when they do govern, they start pursuing policies that improve their well-being and wealth at the expense of everyone else.
  • the “doom loop of oligarchy”: once you start down this path, it’s very hard to get out of it.
  • The problem with the vicious cycle that leads to oligarchy is that people are smart, and they see it happening, and they know, and they feel that the system is rigged against them. And in that context, people revolt against the system. This doesn’t happen through some sort of mass uprising. What the people do is they look for a leader, they look for someone who will help them overthrow the oligarchy.
  • The threat for unequal republics is on the one hand oligarchy and then on the other hand tyranny. That is a pretty unfortunate fate in either direction.
Javier E

The Constitution at War With Itself - The Bulwark - 0 views

  • the original Constitution had elements that were clearly moral—the rule of law, liberty, and self-government all implied understandings of equality that were in tension with slavery.
  • To play on an analogy Feldman powerfully invokes, if we think of the compromise Constitution and the amended Constitution that came out of the Civil War as akin to the Old and New Testaments, with the first being rooted in a rigid adherence to law and the second being rooted in moral understandings, there is more to the Old Testament than its insistence on law; there is an insistence, in the Prophets in particular, on the spirit and morality the law is meant to serve. To push Feldman’s analogy, the Old Testament had shoots that would grow in the New Testament: the moral and philosophical commitments of the new had roots in the old.
  • The highlight of Feldman’s narrative is an exchange between Hezekiah Ford Douglas, “who had escaped enslavement at fifteen,” and William Howard Day, a free-born black man and graduate of Oberlin College. While Douglas insisted that blacks should not, in Feldman’s words, “acknowledge the legitimacy of a constitutional order based on slavery,” Day insisted that while the government was proslavery we should not confuse this “construction of the Constitution” with “the Constitution itself.” And the Constitution itself, framed to “establish justice” and to protect “liberty,” was best understood as antislavery
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  • Fredrick Douglass drew on both strands of this debate, arguing in 1850 that “Liberty and Slavery” were both in the Constitution, giving us a constitution fundamentally “at war with itself.”
  • the First Inaugural where Lincoln argued that the states did not have a constitutional right to secede, particularly on the grounds that they did not like the results of the election of 1860. The states might have a revolutionary right to dissolve the constitutional order and create a new one, but to secede because Lincoln was elected president when he had in no way altered the terms of the social contract was to evade the rules and break the constitutional order he was obligated to defend.
  • I think Lincoln’s First Inaugural is a powerful and compelling work of constitutional analysis. Lincoln’s message in the First Inaugural was twofold. First, he reiterated the compromise. Each state had a right to “control its own domestic institutions” (meaning, of course, slavery). All representatives had sworn an oath to support “the whole Constitution,” which obligated them to adhere to the fugitive slave clause as part of the compromise and not try to evade its terms by “hypercritical rules” of interpretation
  • But Lincoln went on to insist that no part of the Constitution had been violated. Given this, he argued that secession against a constitutional majority would be “the essence of anarchy.” If states could secede after an election rather than “acquiesce” to a free and fair election, then democratic government by a constitutional majority was no longer possible.
  • Once ballots had settled the issue, states were constitutionally bound to oblige. Appealing to bullets was, as Lincoln put it, a “revolutionary” act that broke the constitutional order he had sworn an oath to uphold.
  • Feldman points out that Lincoln’s insistence on a majority as the sovereign was quite different from the Framers’ understanding of the sovereign, which they tended to treat as the whole people.
  • We might best understand this as a question of who is sovereign within the constitutional order, which is separate from who can act to dissolve the constitutional order itself
  • The most visible element of this debate was whether individual states were sovereign in the latter capacity: Could they exit the constitutional order? And if they could not constitutionally leave, did the national government have power to keep them in?
  • Whether America was a union founded by We the People or was a union founded by sovereign states was the subject of fraught debate in the antebellum period.
  • the prolonged struggle forced Lincoln to confront the fact that the Union could not be brought back together on the terms of the old compromise.
  • Feldman also highlights Lincoln as a theorist of constitutional necessity, as he is forced to confront thorny constitutional issues with no easy answer, which includes a detailed examination of Lincoln’s occasional overreach. Not only was his suspension of the writ of habeas corpus wider than necessary, but it included, Feldman writes, suspending “the basic constitutional right to free speech” and locking up critics of the war far more extensively than is usually acknowledged
  • Emancipation would be made permanent with the Thirteenth Amendment, abolishing slavery and destroying the compromise at the heart of the original Constitution: “The greater drama of the passage of the Thirteenth Amendment was its transformation of the prewar, compromise Constitution into a new Constitution that repudiated the very core of that compromise as it had existed from 1787 to 1861.” This second founding culminated in the Fourteenth and Fifteenth Amendments, inscribing the principles articulated in the Declaration and reaffirmed by the Gettysburg Address into constitutional text.
  • Americans—particularly those Americans who think patriotism depends on a belief in an infallible founding and a perfect Constitution—too easily gloss over how “complicated, contradictory, and fraught it was for Lincoln and the nation to overcome [the old] Constitution and remake it.”
katherineharron

Pence and Trump finally speak after post-riot estrangement - CNNPolitics - 0 views

  • Vice President Mike Pence received a memento from his aides the other day: the engraved chair set aside for him in the White House Cabinet Room, hauled over-the-shoulder from the West Wing and delivered to the Eisenhower Executive Office Building for one of his final staff meetings.
  • Instead of applause, many of Trump's aides -- even those who have stuck with him through myriad scandals and embarrassments -- were voicing shame and disappointment. His circle has shrunk. Many have resigned and others are still considering it.
  • On Monday, after an extended period of silence, Trump and Pence spoke for the first time after a deadly riot of Trump supporters broke out at the US Capitol with Pence inside, according to two administration officials.
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  • "They reiterated that those who broke the law and stormed the Capitol last week do not represent the America First movement backed by 75 million Americans, and pledged to continue the work on behalf of the country for the remainder of their term," the senior official said.
  • Trump had spent the weekend largely in isolation, as aides either distanced themselves from him or limited their time in his presence. Trump canceled a planned trip to Camp David, where his closest aides were hoping he would get into a good mindset ahead of his final stretch in office.
  • The mob event, and Trump's fury at Pence in the lead-up to it, left their relationship in tatters. Before their Oval Office meeting Monday, the pair had not spoken since before Trump's rally on the Ellipse last week. Their last conversation was punctuated by a vulgarity the President uttered after Pence informed him, for a final time, that he could not unilaterally reject the results of the election, something he had already told Trump in previous meetings that often dragged on for hours.
  • Pence finally got "a glimpse of POTUS' vindictiveness," one source familiar with the situation said, using the acronym for President of the United States.
  • And while Pence now appears unlikely to entertain invoking the 25th Amendment to remove Trump from office, he has not weighed in on it publicly, allowing the idea to persist, which people close to him described as intentional.
  • Pence, who is often internally mocked for how deferential he is toward Trump, has taken a quiet but defiant stance in their final days in office.
  • The attempted insurrection that Trump incited at the US Capitol last week prompted the permanent suspension of his Twitter account, a looming second impeachment and a wave of administration resignations
  • It was the first time in their more than four years as political partners that Trump's vengeance had been trained on a man known mostly for his fealty. Even as others once close to Trump -- from his personal attorney Michael Cohen to his first attorney general, Jeff Sessions, to any manner of former aides -- met similar fates, Pence was spared.
  • The final conversation left Trump irate, and his anger emerged during the rally itself, when he told the crowd he hoped "Mike has the courage to do what he has to do" and ignores "the stupid people that he's listening to."
  • Pence also recently learned that pro-Trump attorney Sidney Powell was involved in the lawsuit filed by Trump's Republican allies against him. Trump was not only aware, but had encouraged the effort, people close to the situation said.
  • Even when the President returned to the White House while his crowd set off for the Capitol, Trump's anger at Pence did not abate. And as the crowd broke down doors, mobbed the building, and in some cases appeared to be hunting Pence himself, Trump remained focused on the perceived disloyalty.
  • After Wednesday's events, Pence allies were aghast the President did not call to ensure the vice president's safety, or the safety of his wife and daughter, who had accompanied him as he performed the ceremonial role of overseeing the Electoral College tally.
  • "Was he concerned at all that an angry mob that he commanded to march on the Capitol might injure the vice president or his family?" a person familiar with the matter asked.
  • Pence's actions earned him praise within the administration, including from national security adviser Robert O'Brien, who tweeted on Wednesday that Pence "is a genuinely fine and decent man. He exhibited courage today."
  • Democrats, however, remain frustrated at Pence's unwillingness to move on the 25th Amendment, including House Speaker Nancy Pelosi.
  • Other Democrats are skeptical that after four years of standing by Trump -- including through his attempts to cast doubt on the election results using false claims of voter fraud -- Pence can recover his moral standing now.
  • A day later, an attempt by House Democrats to bring up a resolution urging Pence to invoke the 25th Amendment to remove Trump from power was blocked by Republicans. If that resolution ends up failing, Democrats plan to to vote Wednesday to impeach Trump for his role in the Capitol riot.
  • Advisers have said Pence hopes to provide a bridge to the next administration and do as much as possible to assist Biden's team in preparing for dealing with the coronavirus pandemic. Pence and Biden consulted regularly in the early days of the Trump administration, including on foreign policy matters.
  • On Monday, Pence's schedule listed a coronavirus task force meeting -- one of the final times the group meets before the end of the administration. Pence did not bring up the siege at the Capitol during the discussion, a person close to the task force said.
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