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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.
clairemann

Supreme Court: Why Brett Kavanaugh could pick the next president if the election comes ... - 0 views

  • Here’s how grim the future of voting rights looks for both large-D Democrats and small-d democrats: the pivotal vote on the Supreme Court — the justice who is likely to decide all closely divided voting rights disputes in the near future — is Brett Kavanaugh.
  • credibly accused of attempting to sexually assault Christine Blasey Ford when they were in high school, denied the allegation then lashed out at Democrats who believed it disqualified him from serving on the nation’s highest court.
  • has staked out a position on voting rights that is less extreme than the views of many of his colleagues.
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  • he intends to banish to the sunken place longstanding doctrines protecting the right to vote. But Kavanaugh, at the very least, rejects some parts of the nihilistic approach shared by Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch.
  • her approach to constitutional questions resembles that of Thomas and Gorsuch. Chief Justice John Roberts, who is himself frequently hostile to voting rights law, has written that he thinks his conservative colleagues are going too far i
  • was most visible in Andino v. Middleton, a recent decision that reinstated a South Carolina law requiring absentee voters to have another person sign their ballot as a witness.
  • he did not embrace the extreme position of Justices Thomas, Alito, and Gorsuch,
  • Kavanaugh handed down another opinion suggesting that, while he is not as hostile to voting rights as his most conservative colleagues, he still wants to make radical changes that would profoundly impact American democracy.
  • appears to be torn between a belief that well-established rules governing election disputes should be abandoned, and a competing understanding that it is unfair to disenfranchise voters who followed the rules that were in place at the time when those voters cast their ballots.
  • Purcell v. Gonzales (2006), a case which — at least according to Kavanaugh — established that “federal courts ordinarily should not alter state election rules in the period close to an election.”
  • “The Constitution ‘principally entrusts the safety and the health of the people to the politically accountable officials of the States,’” Kavanaugh wrote. Therefore, “it follows that a State legislature’s decision either to keep or to make changes to election rules to address COVID–19 ordinarily ‘should not be subject to second-guessing by an ‘unelected federal judiciary,’
  • Let state legislatures decide how elections will be conducted in each state, for better or for worse. And don’t intervene even if those decisions are likely to disenfranchise voters.
  • Thomas, Alito, and Gorsuch took the extraordinary position that voters who failed to anticipate that the Supreme Court would change the rules after their unwitnessed ballot was already cast should have their ballots tossed out.
  • that the Supreme Court should take unprecedented steps to overrule state judges and other state officials who try to make it easier to vote. But he also did not join a recent opinion by Alito that suggested that the Court may step in after the election to toss out ballots
  • Democratic National Committee v. Wisconsin State Legislature, a case that determined that ballots that arrive after Election Day in Wisconsin shall not be counted, Kavanaugh pointed to a provision of the Constitution that provides that “the rules for Presidential elections are established by the States ‘in such Manner as the Legislature thereof may direct.’”
  • “in accordance with the State’s prescriptions for lawmaking, which may include the referendum and the Governor’s veto.”
  • the Supreme Court of the United States has the final word on questions of federal law, but state supreme courts have the final say on questions of their own state’s law.
  • It could mean that a state governor cannot veto a state election law (because the governor is not the “legislature”). Or that a state constitution may not empower an independent commission to draw un-gerrymandered legislative maps (because the commission is not the “legislature”).
  • Kavanaugh appears to be largely indifferent to voting rights, and is willing to give state legislatures a great deal of leeway to disenfranchise voters.
  • On Wednesday night, the Supreme Court handed down orders in Republican Party of Pennsylvania v. Boockvar and Moore v. Circosta, which concern whether late-arriving ballots should be counted in Pennsylvania and North Carolina. In both cases, state officials — but not the state legislature — decided that ballots that are mailed before Election Day and that arrive during a brief window after the election should be counted.
  • but they didn’t exactly tell the GOP “no,” either. The Court denied the GOP’s request to order, in advance of the election, that late-arriving ballots will not be counted. But an ominous opinion by Alito suggests that the Court might revisit this question after the election.
  • Alito wrote in a concurring opinion in Republican Party, which was joined by Thomas and Gorsuch. Nevertheless, he added that the case “remains before us” and could be decided “under a shortened schedule” after the election takes place.
  • Voters, in other words, might mail their ballots close to Election Day, believing that they can rely on state officials and lower courts that have said that these ballots will be counted, only to have the Supreme Court change the rules after the election is over — and order these ballots tossed out.
  • But Kavanaugh hasn’t yet shown the same willingness to disenfranchise people who followed the rules — or, at least, who followed the rules that were in place when those voters cast their ballots.
  • It may be a Biden blowout, or a fair-and-square Trump win. But if it’s close, and if Pennsylvania or North Carolina is pivotal, these are the competing considerations that Kavanaugh, likely the swing vote, will be wrestling with.
ethanshilling

Republicans Push for Greater Power Over How Elections Are Run - The New York Times - 0 views

  • In the turbulent aftermath of the 2020 presidential contest, election officials in Georgia, from the secretary of state’s office down to county boards, found themselves in a wholly unexpected position: They had to act as one of the last lines of defense against an onslaught of efforts by a sitting president and his influential allies to overturn the will of the voters.
  • Buried in an avalanche of voting restrictions currently moving through the Georgia Statehouse are measures that would give G.O.P. lawmakers wide-ranging influence over the mechanics of voting and fundamentally alter the state’s governance of elections.
  • “It’s looking at total control of the election process by elected officials, which is not what it should be,” said Helen Butler, a Democratic county board of elections member.
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  • It’s not just Georgia. In Arizona, Republicans are pushing for control over the rules of the state’s elections. In Iowa, the G.O.P. has installed harsh new criminal penalties for county election officials who enact emergency voting rules.
  • Nationwide, Republican lawmakers in at least eight states controlled by the party are angling to pry power over elections from secretaries of state, governors and nonpartisan election boards.
  • In Georgia’s new voting bill, the State Legislature is looking to strip Mr. Raffensperger of his role as the chair of the State Election Board and make him an ex-officio member without a vote.
  • If the bill becomes law, the State Election Board, under control of the Legislature, would have more authority over these county boards, including the ability to review and fire their members.
  • Jon Greenbaum, the chief counsel for the nonpartisan Lawyers’ Committee for Civil Rights Under Law, said Republicans were engaged in an “all-out effort to change the voting rules in lots of ways that would allow for greater opportunity for them to challenge the eligibility of electors,” and that the party would “add micromanagement by state legislatures to the process of running an election.”
  • State Representative Barry Fleming, a Republican who has been a chief sponsor of the bills in Georgia, did not respond to requests for comment.
  • Gov. Brian Kemp of Georgia, a Republican, has not weighed in publicly on the changes to election administration and oversight.
  • The threat of increased punishment seemed to be directed at three county election officials in the state, who last year chose to mail absentee ballot applications to all registered voters in their counties, drawing the ire of state Republicans.
  • Bobby Kaufmann, the Republican state representative in Iowa who sponsored the voting bill, said the county auditors’ actions were “as much the inspiration for the bill as anything,” pointing to their decisions to mail out ballots with prepopulated information.
  • In Arizona, the Republican-controlled Legislature is pursuing multiple paths to tip the scales of election oversight.
  • Ms. Hobbs, who was the target of many Republican attacks after the 2020 election, said that purely partisan politics were at play in the bills.“The Legislature wasn’t interested in control over elections until I got here and happened to have a ‘D’ by my name,” she said.
  • Efforts in other states to muddle with the mechanics of elections have gone beyond state legislatures. In Michigan, the state Republican Party has indicated that it is unlikely to ask a G.O.P. member of the State Board of Canvassers who chose to certify last year’s election results to return to his post.
  • It is nearly assured that almost all of these bills will face legal challenges from Democrats, who have signaled that combating the efforts to restrict voting will be a top priority through both federal legislation and the courts.
hannahcarter11

Florida Legislature Approves Bill With Restrictions On Voting : NPR - 0 views

  • Both chambers of Florida's state Legislature approved new election legislation Thursday that would place restrictions on ballot drop boxes and residents' ability to vote by mail.
  • It's the latest Republican-led effort to alter state voting rules following record-breaking turnout during the 2020 election.
  • Changes include restrictions on who can drop off a voter's ballot, requiring the location of a drop box to be chosen at least 30 days before an election and election officials must supervise the drop boxes in person while they're open.
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  • The measure also limits who can hand out any item, including food or water or election-related material, to voters waiting in line. Items can't be given to voters within 150 feet of a ballot box. Only volunteers or staff working with the election supervisor can "provide nonpartisan assistance" to voters within that area.
  • The bill would also require voters to request mail-in ballots regularly and place restrictions on third-party voter registration groups.
  • Florida's voting bill is part of a nationwide effort to alter how states conduct elections and to restrict expanded voter access. A controversial law approved in March in Georgia was slammed by voting rights activists and Democrats as voter suppression.
  • Major businesses with ties to Texas and Georgia criticized attempts to curb voter access.
brickol

Virus Brings States to a Standstill: Sessions Halt, Budgets Crater, Plans Wait - The Ne... - 0 views

  • The coronavirus has wreaked havoc on statehouses across the United States, derailing policy agendas, forcing legislators to set aside plans for spending on education, road construction and opioid addiction, and draining state coffers with startling speed.
  • Vast numbers of businesses have been forced to close their doors and millions of Americans face unemployment, creating a sudden need to spend on virus-related assistance, the certainty of sharp drops in tax collections and a turning of once optimistic budget projections upside down.
  • The outbreak has forced at least 22 state legislatures to close or postpone sessions at the busiest time of the year, when lawmakers typically pass legislation and negotiate budgets. But the toll on state policies and spending appears likely to extend far beyond a single legislative season.
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  • The crisis has brought state policymaking to a standstill regardless of partisan control. Any legislative proposal with a price tag appears endangered.
  • And in state after state, lawmakers say they suddenly have little money to address anything but the unfolding medical and economic crises. In some places, the annual budget-writing process, which depends on projected tax collections, has been sent into chaos.
  • The virus is threatening citizen-driven policy initiatives in the states as well. Twenty-six states allow residents to write referendums that carry the force of law, and this has become a popular way of forcing change.
  • In recent years, with federal leaders and parties clashing in Washington, D.C., states have often been the crucibles for policy innovation. As the virus sweeps through the nation, some of those policies may serve as a shield for Americans struggling to recover.
  • Republicans favor easing mandates and pushing back tax deadlines, he said. And Democrats, according to Melissa Hortman, the Democratic House Speaker, want to find ways to provide more direct aid to working-class residents.
Javier E

Congress, the Presidency, and the Difficulty of Majority Rule - The Atlantic - 0 views

  • any project of reform needs to take something into account: Congress is no bargain either as a representative institution.
  • Despite the overall unpopularity of the post-Trump Republican Party, it is favored to retake the House of Representatives in 2022, because elections to the House systematically overrepresent Republican votes.
  • Here’s a way to dramatize how extreme the bias is. Compare the House elections of 2010 and 2020. In 2010, the Republicans won 51.7 percent of all votes cast; in 2020, the Democrats won 51.5 percent—almost exactly the same proportion. But in 2010, the Republican 51.7 percent converted into 242 seats, a decisive majority. In 2020, the Democratic 51.5 percent converted into 222 seats, a narrow margin.
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  • Analysis of district-level voting patterns suggests that Republicans enjoy an inbuilt 2.1 percentage-point advantage in contests for the House majority. Joe Biden won the national vote by 4.6 points in 2020. He won the median House seat, Illinois’s Fourteenth Congressional District, by 2.5 points.
  • Not since the mid-1990s have Republican senators represented a majority of American voters. The 50 Democratic senators elected in 2020 represent nearly 42 million more Americans than the 50 Republicans.
  • Shifting power from an overmighty presidency to a Congress that overindulges reactionary minorities will do democracy no good. The post-Watergate reformers recognized that logic, and joined their limits on the presidency to an attempted modernization of Congress.
  • the reformers of the 1970s understood the architecture of American democracy. Power flowed from Congress to the presidency precisely because the presidency was the most accountable branch of the federal government. If the flow was to be reversed, Congress needed to be democratized. This same problem presents itself with even greater force in the 2020s.
  • The 60-vote Senate has become an accepted fact of American politics, along with presidents who lose the popular vote, and state legislatures where 45 percent of the vote is converted into 55 percent of the seats, or more.
  • The Senate is defended by a sequence of rationalizations: It’s good that a Wyoming vote counts 68 times more than a California vote. It’s good that garnering 59 out of 100 votes does not suffice to enact laws. It’s good that any one legislator is able to disrupt the proceedings. These rationalizations have proved contagious. If minority rule is good sometimes, why not more of the time?
  • As the Senate has deviated further and further from majoritarian norms, the House and the state legislatures have followed. Among the great merits of Jentleson’s Kill Switch is that it reminds us how recent this trend is.
  • In the era of the 67-vote filibuster, the tools of minority rule were used to defend racial segregation, a cause that even its supporters did not like to defend openly.
  • In an important new book, Kill Switch, Adam Jentleson offers a harrowing portrait of how anti-majoritarian dysfunction has paralyzed the U.S. Senate.
  • The Framers’ constitutional design balanced majority rights as they were understood at the time—the rights of a majority of those persons possessed of full citizenship who voted in state and House elections—against a federal Senate to protect the rights of smaller states and a judiciary insulated from passing political passions
  • it’s one thing to respect regional and cultural minorities; it’s another to let those minorities impose hostile preferences upon an unwilling majority, year in, year out, with every exit from federal minority rule blocked by even more obdurate systems of minority rule at the state level.
  • Jentleson offers a program for reform that begins with the outright elimination of the filibuster. But without constitutional change more radical than anything contemplated today, the Senate will always remain counter-majoritarian—and Senate reform can accordingly take the country only so far toward the reanimation of the majority-rule principle.
  • the House, often falsely complimented as the “people’s House,” is the part of the government most in need of democratic change. Change to the House depends on change to the anti-majoritarian state legislatures that redraw congressional districts—and that change depends on renewal of the voting-rights laws the federal courts have so weakened over the past decade and a half.
  • In the meantime, the federal and state executive branches are the tools most available to the disempowered majority.
  • America got the imperial presidency in the first place in great part because of the defects of Congress. From free trade to civil rights, the post-1945 presidency would act to do things in the broad public interest over the truculent obstruction of Congresses dominated by narrow and backward-looking minority interests.
  • But presidents, even the greatest of them, are not magicians. Since 2010, the U.S. political system has been ever more extremely biased toward its narrow and backward-looking ideological minorities. Weaken the executive branches, federal and state, and you privilege those ideological minorities.
  • don’t overcorrect, and don’t overdo it. Under present rules and conditions, the executive power, state and federal, is the least antidemocratic power in the American political design.
  • The only hope for bringing majority rule to the rest of American politics is voting-rights enforcement by the federal Department of Justice—and maybe some forward-thinking governors—against the probable resistance of the U.S. Senate, the Republican-dominated federal courts, and the minority-rule state legislatures.
  • The presidency and the governorships have not always advanced the cause of majority rule in the past. They will not always do so in the future. But at this moment, that’s precisely what they’re poised to do. The enemies of the majority-rule principle understand that fact. The friends of majority rule should absorb it too.
Javier E

In Minnesota, a G.O.P. Lawmaker's Death Brings Home the Reality of Covid - The New York... - 0 views

  • while Republicans insist that their freedom was at issue in refusing to wear masks or enforce mandates, such events and the death of Mr. Relph raise urgent questions as to where individual “freedom” ends and where responsibility to others begins in a pandemic during which breathing shared air can be fatal.
  • “It’s ironic that Senator Gazelka, as majority leader, was always the person most outspoken in opposing the governor’s emergency order and would state to us over and over again that Minnesotans would do the responsible thing,” said Richard Cohen, a Democrat who retired from the Legislature last month. “And now it is alleged that because of a caucus event, where apparently many people were not wearing masks, a caucus member became ill and then passed away.”
  • An owner of the catering hall, John Schiltz, said that his servers had worn masks and gloves throughout that evening, and that none had later tested positive. Although masks were offered to guests, state guidelines at the time allowed them to be removed at tables.Mr. Schiltz said the dinner was the only event any group had booked at his venue in November before he had to close on Nov. 20.
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  • Pressed about the dinner in a radio interview in late November, Mr. Gazelka, 61, who is reported to be considering a run for governor, said he had no regrets.
  • “The idea that everyone can just be trusted rings a little hollow with the knowledge” that Republicans did not tell Democrats of the positive cases before the special session, Ms. Kent said in an interview last week.
  • He continued through the year to argue that mask mandates or limits on restaurants and bars were not needed because Minnesotans could be trusted to make responsible choices, and that the harmful effects on schools, the economy and people’s mental health outweighed the value of restrictions.
  • Holding the celebratory dinner wasn’t the only point of contention.Afterward, Republicans alerted their own caucus about the virus outbreak, but not Democrats. They instructed Republican staff members not to go to the Capitol for a special session of the Legislature on Nov. 12 — but did not inform Democrats, who were livid after learning of the positive cases from news reports.
  • “There was a lot of food and a lot of beverage, and when you’re at an activity when the food and beverage is there, that’s when you don’t have your mask,” he said. “I don’t regret that we had the celebration. The Republican majority was the No. 1 target to switch from Republican to Democrat.”
  • She described the working environment of the Senate as poisoned by Republicans’ disregard for masks. Most refuse to wear them on the Senate floor, she said. One Republican senator, she recounted, broke into fake coughing while waiting for an elevator in a cramped vestibule with Democratic colleagues.
  • After learning of the outbreak from Republican leaders, Mr. Relph, who did not have any symptoms, went for a coronavirus test, his daughter said. It came back positive.
  • “None of us can be sure he got sick at that party, but it’s really, really likely,” Dana Relph said. “There wasn’t any other place he would have gotten it.”
  • As one of the Senate’s oldest members, Mr. Relph was one of the few Republicans known for regularly wearing a face covering. He had an underlying condition, mild asthma, his daughter said.
  • As a lab technician for 3M, Ms. Relph tests industrial masks. “The fact that people deny the science behind masks makes me even angrier,” she said. She recalled that a Senate colleague of her father’s had stopped by her family’s house, without a mask, while her father was in the hospital. “Point blank, he said, ‘I don’t think this is as serious as they’re telling us it is,’” Ms. Relph said. “My dad was dying. These are people that think they’re good, kind, compassionate people, and yet they don’t act that way.”
  • Last week, as the Legislature returned for its 2021 session, senators held a moment of silence for Mr. Relph. Mr. Gazelka called him “a great senator, a true friend.”
  • The majority leader also led his party in blocking a Democratic proposal to require masks in public areas of the Capitol, flouting a statewide mask mandate, imposed by the governor, in indoor settings. (The Legislature is not subject to the governor’s orders.) Republicans questioned the effectiveness of masks. But Mr. Gazelka did include language in a resolution “strongly encouraging” mask wearing.
  • Ms. Kent, the Democratic leader, said that she had noticed lately that Mr. Gazelka was always wearing a mask himself in the Capitol, where before he had not worn one. Besides Mr. Relph’s death, Mr. Gazelka’s mother-in-law died in December after contracting Covid-19.
Javier E

Opinion | Trump's Legal Farce Is Having Tragic Results - The New York Times - 0 views

  • Let’s start on the positive side. A federal district court opinion issued in Pennsylvania Saturday laid bare both the dangerousness and vacuousness of Mr. Trump’s litigation strategy.
  • The court held that the Trump campaign offered a “Frankenstein’s monster” of a legal theory and that the complaint was full of nothing more than “strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence.”
  • I am quite concerned about what comes next. By the time President-elect Biden takes the oath of office, millions of people will wrongly believe he stole the election. At least 300 times since Election Day, Mr. Trump has gone straight to his followers on social media to declare the election rigged or stolen and to claim, despite all evidence to the contrary
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  • he and his allies had a good bit of success before the election in cases that will stymie voting rights going forward. Following the lead of the U.S. Supreme Court, federal appeals courts now routinely say that federal courts should be deferential when states engage in balancing voting rights — even during a pandemic — against a state’s interests in election administration and avoiding fraud, even when states come forward with no evidence of fraud.
  • These unsuccessful lawsuits will nonetheless provide a false narrative to explain how it is that Mr. Biden declared victory and serve as a predicate for new restrictive voting laws in Republican states.
  • It should go without saying that a democracy requires the losers of an election to accept the results as legitimate and agree to fight another day; Republican leaders echoing Mr. Trump’s failure to support a peaceful transition of power undermine the foundation of our democracy. It’s not only the fact that we have had to say this, but that we keep having to repeat it, that shows the depths that we have reached.
  • Trump and his allies have advanced a muscular version of something that’s become known as the “independent state legislature” doctrine. Taken to its extreme, the doctrine says that state legislatures have complete authority to set election rules absent congressional override, and that their power to set election rules cannot be overcome even by state supreme courts applying right-to-vote provisions in state constitutions.
  • the court’s conservative majority could soon embrace a strong version of the independent state legislature doctrine. This could take state courts out of their essential role in protecting voting rights.
  • It could potentially eliminate the ability of voters to use ballot measures to enact nonpartisan redistricting reform and other measures that apply to federal elections. It could give conservative courts looking for an excuse a reason to scuttle voter-protective rules enacted by state election boards.
  • Together, the Trump-related precedents mean that neither state nor federal courts are likely to be able to play a backstop role when Republican state legislatures pass new restrictive voting laws, and that efforts to get around these state legislative efforts are likely to fail as well
  • His attack on voting rights and the legitimacy of our election system, however, will live far beyond his presidency. At stake is whether this country continues to adhere to the rule of law and to allow elections to be decided by a majority of voters.
clairemann

Is Democratic Gerrymandering of New York's Congressional Delegation Hypocritical? | Mic... - 0 views

  • With census data now in hand and the 2022 midterm election just over a year away, states are busily redrawing their electoral maps to take account of population shifts since 2010. In some states, the task falls to non-partisan commissions. In most others, however, state legislatures redraw district lines, fully aware of the political implications. In a country in which the word gerrymander dates to the Founding (a portmanteau of Elbridge Gerry and salamander, after the shape of the district he engineered), it should surprise no one that state elected officials draw district lines that favor themselves and members of their own political party.
  • New York voters approved a plan to hand over redistricting responsibility to a bipartisan commission that would use apolitical criteria to draw fair maps. But then Democrats won supermajorities in both houses of the state legislature.
  • Given Democrats’ repeated complaints about gerrymandering by Republican-controlled state legislatures, Republicans and their allies will no doubt label the move by New York to respond in kind hypocritical. Is the charge fair? Perhaps, but as I shall explain below, not necessarily, and in the end, there are worse sins than hypocrisy.
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  • It can be hypocritical to call for a change in the law but to act in ways that would violate the changed law.
  • Nonetheless, it would not be hypocritical for Sheila herself to continue to drive on the left side of the road while Parliament considers her proposal. Indeed, it would be grossly irresponsible for her to start driving on the right side of the road before the law has changed.
  • The upshot is that it is sometimes but not always hypocritical to seek to change the law but continue to engage in behavior inconsistent with the change one seeks. Whether the charge of hypocrisy fairly applies in such circumstances depends on the nature of the law—to what extent it addresses freestanding evils versus solves collective action problems—as well as the grounds for seeking to change it.
  • Gerrymandering unfairly advantages the party in control of the state legislature, thereby undermining the right to vote and democratic principles. One might therefore think that someone who opposes political gerrymandering anywhere ought to oppose it everywhere. If so, New York legislators considering gerrymandering the state’s congressional districts to aid Democrats are indeed hypocrites.
  • Two years ago, in Rucho v. Common Cause, the Supreme Court held that federal courts could not adjudicate challenges to political gerrymandering.
  • Accordingly, even if one concludes that there is at least a soupçon of hypocrisy in the New York Democrats’ plan to gerrymander the state’s congressional districts, the only current alternative is worse. In this case, hypocrisy may be more than the tribute vice pays to virtue. It is itself a kind of virtue.
Javier E

The Republican Party's 50-State Solution - The New York Times - 0 views

  • The sustained determination on the part of the conservative movement has paid off in an unprecedented realignment of power in state governments.Seven years ago, Democrats had a commanding lead in state legislatures, controlling both legislative chambers in 27 states, nearly double the 14 controlled by Republicans. They held 4082 state senate and house seats, compared to the Republicans’ 3223.Sweeping Republican victories at the state level in 2010 and 2014 transformed the political landscape
  • By 2015, there were Republican majorities in 70 percent — 68 of 98 — of the nation’s partisan state houses and senates, the highest number in the party’s history. (Nebraska isn’t counted in because it has a non-partisan, unicameral legislature.) Republicans controlled the legislature and governorship in 23 states, more than triple the seven under full Democratic control.
  • “How the Right Trounced Liberals in the States,” by Alexander Hertel-Fernandez and Theda Skocpol, in the Winter edition of the journal Democracy, documents the failure of the left to keep pace with the substantial investments by the right in building local organizations.
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  • Away from the national level, the commitment of conservative donors to support a power shift in state government illustrates the determination of the right to eliminate regulatory and legal constraints on markets where their money has proven most productive.
  • Attempts to control the White House have become far more risky with the rise of a strong Democratic presidential coalition. In 2012, conservative groups put $700 million in a bid to win the presidency, two and a half times as much as liberal groups, but Obama still won decisively.
  • The willingness of conservatives to weather difficulty and to endure prolonged delay has been demonstrated repeatedly over the past decades.
  • the result for conservatives is thatyour volunteers and paid activists come out of a values-based institution, which is essentially not a political institution. People are there because of their values. If you come to politics from a club or church or veterans hall, it reinforces the stickiness of your work, your willingness to keep at it even if you are tired.
  • When the State Policy Network was founded in 1986, it had 12 affiliated state-based groups and a goal of creating an “interstate freedom network” to spread “the growth of freedom across America until a permanent freedom majority is built.” Today, there are one or more affiliated organizations in every state.
  • An examination of IRS reports from all of these conservative groups shows total spending in just one year, 2013, of $142.2 million, with the Texas Public Policy Foundation’s $8.9 million the largest expenditure.
  • The complex transactions between the foundations in the Koch Brothers network obscure the dollar amount of their investments in state and local organizations. But the Koch Companies’ June Quarterly Newsletter notes that the Koch brothers “hope to raise $889 million by the end of 2016, about two-thirds of which will help support research and education programs, scholarships and other efforts designed to change policies and promote a culture of freedom in the United States.”
  • the right can tap into an embeddedstructure of community-based cultural, religious, social organizations — churches, Elks, veterans halls, gun groups, local business organizations, etc. — that are gathering places with offices, meeting halls, phones and computers that can be used by activist troops for logistical and operational support.
  • In 1973, as the Watergate scandal was closing in on the Nixon administration, conservatives financed the creation of two institutions: the Heritage Foundation to counter the left on national policy, and the American Legislative Exchange Council (ALEC) to foster state-based conservative lobbies, interest groups and foundations.
  • “progressives don’t have these community based, indigenous resources to educate, organize and mobilize troops anymore.” With the exception of unions, “we have fewer local places to gather and belong.”
  • In 2004, major liberal donors financed two new national groups created specifically for the 2004 presidential election — Americans Coming Together ($79,795,487) and the Joint Victory Committee ($71,811,666).
  • Despite the investment, the Democratic nominee, John Kerry, lost. At that point, the liberal donor community came to general agreement that the left needed a secure a permanent infrastructure at the national level to compete with such conservative institutions as the Chamber of Commerce, the American Enterprise Institute, Americans for Tax Reform and Heritage.
  • A year later, Democracy Alliance established its goal of building a “progressive infrastructure that could help counter the well-funded and sophisticated conservative apparatus in the areas of civic engagement, leadership, media, and ideas.”At a national level, the alliance has played a significant role in the development of such groups as the Center for American Progress, a liberal think tank; Catalist, which builds and maintains voter lists; and Media Matters, which seeks to document and discredit “conservative misinformation throughout the media.”
  • It has begun to appear that the twenty-first century progressive brain is not as interested in clubs, communities and cultural sharing as the conservative brain is.
  • How, Stein asked, “could we have lost that? How does a communitarian world view lose its communitarian sense of self?”
  • the nature of political liberalism has changed.
  • The liberalism of the 1930s and 1940s was shaped by the Great Depression, and the response was, in many respects, communitarian: the strengthening of unions, the provision of jobs and government benefits to the poor and unemployed and the creation of a safety net to provide a modicum of security.
  • The left has, in part, shifted focus, with more stress on the values of self-expression and self-fulfillment, on individual liberation from the constraints of traditional morality, especially sexual morality — what my colleague Ross Douthat calls “The Liberalism of Adult Autonomy” or “the morality of rights.” Economic liberalism – despite progress on the minimum wage - has lost salience.
  • Instead of communitarian principles, the contemporary progressive movement — despite its advocacy of local issues like community policing — has produced a counterpart to conservative advocacy of free markets: the advocacy of personal freedom.
  • Insofar as liberals continue to leave the state-level organization to conservatives, they are conceding the most productive policy arenas in the country.
  • As left interests are being cut out of this process, the groundbreaking work is being done on the right. The losses for the Democratic Party and its allies include broken unions, defunded Planned Parenthood, lost wetlands and forests, restrictive abortion regulations and the proliferation of open-carry gun laws.
  • conservatives have overseen the drawing of legislative and congressional districts that will keep Republicans in power over the next decade. In this way, through the most effective gerrymandering of legislative and congressional districts in the nation’s history, the right has institutionalized a dangerous power vacuum on the left.
katherineharron

Georgia's new law suppressing the vote is a victory for Trump - CNNPolitics - 0 views

  • Former President Donald Trump's campaign of lies about a stolen election just delivered a huge victory with a new Georgia law that could suppress the votes of many of the citizens who helped eject him from the White House.
  • The move confirms the Peach State as the epicenter of the fight for American democracy that raged through Trump's presidency and during the insurrection he incited against the US Capitol -- and now threatens to taint future elections as Republicans in multiple states pursue new laws to limit voting.
  • "What I'm worried about is how un-American this whole initiative is. It's sick. It's sick," President Joe Biden said at the first news conference of his presidency that afternoon. The Georgia law raises the question of whether election safeguards that prevented Trump's energetic efforts to rig the 2020 White House race after the fact in the state will stand firm in future elections amid false claims of electoral fraud by a president.
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  • GOP leaders justify the voter suppression measures by arguing that they are needed to crack down on fraud and to restore the public's faith that US elections are fair. But multiple courts and Trump's own Justice Department found there was no widespread electoral fraud in 2020.
  • The Georgia bill is only one example of GOP efforts in multiple states -- including many crucial electoral battlegrounds -- to hold back a diverse demographic tide in cities that favor Democrats, which critics see as an attempt to cement minority rule in the United States.
  • Georgia Republicans also lost two US Senate seats that handed Democrats control of the 50-50 chamber on the basis of huge Black turnout in runoff elections in January.close dialogSign up for CNN's CNN's Chris Cillizza cuts through the political spin and tells you what you need to know. Sign Me UpNo ThanksBy subscribing, you agree to ourprivacy policy.Sign up for CNN's CNN's Chris Cillizza cuts through the political spin and tells you what you need to know. Please enter above Sign Me UpNo ThanksBy subscribing, you agree to ourprivacy policy.You're on the list for CNN'sCNN's Chris Cillizza cuts through the political spin and tells you what you need to know. close dialog/* effects for .bx-campaign-1245919 *//* custom css .bx-campaign-1245919 *//* custom css from creative 47804 */@-ms-keyframes bx-anim-1245919-spin { from {
  • "This should be marked as Exhibit A in making the case that discriminatory voter suppression is alive and well, and makes clear why we need federal voting rights legislation to stop these laws in their tracks," Hewitt said. "We stand ready to take action and protect the fundamental right to vote through the courts."
  • as a remnant of the Jim Crow era that institutionalized racism and hinted that he could ultimately back abolishing the Senate filibuster to get the Democrats' House-passed bill through the chamber. But Biden declined to reveal his strategy for getting the voting rights bill into law.
  • Georgia's action threw a political grenade into the debate over a Washington campaign by many Democrats to abolish Senate supermajority rules that Republicans could use to block their sweeping election bill, known as the For the People Act.
  • In a statement to CNN, Georgia Secretary of State Brad Raffensperger, a Republican who defied Trump's pleas in a telephone call to find votes to overturn Biden's victory, said he would still stand up for voter freedoms but did not criticize the law."In implementing this law, I will ensure that no eligible Georgia voter is hindered in exercising their right to vote, and I will continue to further secure our elections so that every Georgian can have confidence in the results of our elections," Raffensperger said
  • "As the FBI continue to round up seditionists who spilled blood to defend a lie about our elections, Republican state leaders willfully undermine democracy by giving themselves authority to overturn results they do not like," Abrams said in a statement. "Now, more than ever, Americans must demand federal action to protect voting rights as we continue to fight against these blatantly unconstitutional efforts that are nothing less than Jim Crow 2.0."
  • Black voters hampered by the restrictions of voting in urban areas have often found themselves lining up for hours to vote in inclement weather. The clear targeting of African American voters in Georgia and elsewhere recalls some of the ugliest racial episodes of America's past, and is fueling claims of open Republican racism.
  • Former President Donald Trump's campaign of lies about a stolen election just delivered a huge victory with a new Georgia law that could suppress the votes of many of the citizens who helped eject him from the White House.
  • Republican state lawmakers rushed through a broad law Thursday making it harder to vote that disproportionately targets Democratic and Black voters
  • The move confirms the Peach State as the epicenter of the fight for American democracy
  • The Georgia law raises the question of whether election safeguards that prevented Trump's energetic efforts to rig the 2020 White House race after the fact in the state will stand firm in future elections amid false claims of electoral fraud by a president.
  • "What I'm worried about is how un-American this whole initiative is. It's sick. It's sick," President Joe Biden
  • Republicans in multiple states pursue new laws to limit voting.
  • Georgia Republicans also lost two US Senate seats that handed Democrats control of the 50-50 chamber on the basis of huge Black turnout in runoff elections in January.close dialogSign up for CNN What Matters NewsletterEvery day we summarize What Matters and deliver it straight to your inbox.Sign me upNo thanksBy subscribing you agree to ourprivacy policy.By subscribing you agree to ourprivacy policy.Sign up for CNN What Matters NewsletterEvery day we summarize What Matters and deliver it straight to your inbox.Please enter aboveSign me upNo thanksBy subscribing you agree to ourprivacy policy.By subscribing you agree to ourprivacy policy.Sign up for CNN What Matters NewsletterEvery day we summarize What Matters and deliver it straight to your inbox.//assets.bounceexchang
  • After leaving office, Trump demanded that Republican state legislatures pass laws to ban mail-in voting and to prevent courts from weighing in on electoral disputes.
  • the former President has made the acceptance of his false conspiracy theories about voter fraud in 2020 a litmus test for Republican candidates
  • Iowa has already passed a measure to limit absentee balloting and voting hours. Texas is taking steps to cut voting hours and absentee balloting in big Democratic cities like Houston. New voting laws are being pushed by Republicans in another swing state Trump lost, Arizona.
  • GOP leaders justify the voter suppression measures by arguing that they are needed to crack down on fraud and to restore the public's faith that US elections are fair. But multiple courts and Trump's own Justice Department found there was no widespread electoral fraud in 2020.
  • voter mistrust was largely fueled by Trump's blatantly false claims
  • Georgia's action threw a political grenade into the debate over a Washington campaign by many Democrats to abolish Senate supermajority rules that Republicans could use to block their sweeping election bill, known as the For the People Act.
  • The drama in the Georgia Legislature unfolded as Biden condemned restrictive state legislation as a remnant of the Jim Crow era that institutionalized racism and hinted that he could ultimately back abolishing the Senate filibuster to get the Democrats' House-passed bill through the chamber.
  • The law allows any Georgian to make unlimited challenges to voter registrations, and, incredibly, makes it a misdemeanor crime for anyone to offer food and water to voters stuck in long lines to cast ballots.
  • The clear targeting of African American voters in Georgia and elsewhere recalls some of the ugliest racial episodes of America's past, and is fueling claims of open Republican racism.
  • The Georgia law was quickly signed by Republican Gov. Brian Kemp, who incurred the wrath of Trump last year for refusing to play along with his attempt to override Biden's victory by 12,000 votes in the state, which was confirmed by several audits.
  • "In implementing this law, I will ensure that no eligible Georgia voter is hindered in exercising their right to vote, and I will continue to further secure our elections so that every Georgian can have confidence in the results of our elections," Raffensperger said.
  • Kemp is up for reelection in 2022 and could face Democrat Stacey Abrams, a former state lawmaker and prominent voting rights advocate
  • "As the FBI continue to round up seditionists who spilled blood to defend a lie about our elections, Republican state leaders willfully undermine democracy by giving themselves authority to overturn results they do not like," Abrams said in a statement. "Now, more than ever, Americans must demand federal action to protect voting rights as we continue to fight against these blatantly unconstitutional efforts that are nothing less than Jim Crow 2.0."
  • the measure directly targeted voters of color who took part in record numbers in the 2020 election.
  • The For the People Act awaiting action in the Senate would create automatic voter registration nationwide and restore portions of the Voting Rights Act that were gutted by the Supreme Court. It would also strengthen mail-in voting and permit early voting across the country, while taking steps to cut wait times at the polls.
aleija

Opinion | The Sound of Silence on Abortion - The New York Times - 0 views

  • Back in 2014, when the Arizona Legislature passed a bill to provide business owners with a religious excuse to discriminate against gay people, the N.F.L. threatened to move Super Bowl XLIX out of the University of Phoenix Stadium in Glendale. Gov. Jan Brewer vetoed the bill.
  • In 2015, when the N.C.A.A. led a pushback from its Indianapolis headquarters against a similar bill that the Indiana Legislature passed, Gov. Mike Pence said it was all a “great misunderstanding” and eventually signed a watered-down version that met the demands of the N.C.A.A. and other sports organizations that had protested.
  • In 2017, the North Carolina Legislature repealed an anti-transgender “bathroom bill” after the loss of the N.B.A. All-Star Game plus convention and tourism business cost the state millions of dollars in revenue and companies canceled plans to relocate there.
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  • This April, prodded or perhaps even shamed by prominent Black business leaders, 170 executives of major companies signed a statement protesting a vote-suppression measure enacted in Georgia and ones pending in other states.
  • And this brings us to a subject that corporate America would evidently prefer not to talk about: abortion. It’s possible I’ve missed something, but I’ve been listening hard, and so far all I’ve heard is the sound of silence.
  • . The article pointed out that in the four days between April 26 and April 29, 28 new abortion restrictions were signed into law in seven states. As of mid-May, bills proposing 549 separate abortion restrictions had been introduced in 47 states, including 165 that would ban abortion.
  • Much of this activity might have been shrugged off as just so much political theater had the Supreme Court not agreed last month to hear Mississippi’s defense of its ban on abortion after 15 weeks of pregnancy, a law that under current doctrine is unconstitutional. While the country may not learn until a year from now how receptive the court is to revising or abandoning its abortion precedents, its acceptance of the Mississippi case for argument in the fall serves as a welcome mat to states trying to outdo one another in anti-abortion zealotry.
  • But nothing can compete with the law that Gov. Greg Abbott of Texas signed last month. Not only does it ban abortion after a fetal heartbeat is detected — which can occur as early as six weeks, before many women realize they are pregnant — but it effectively deputizes the entire world’s population to enforce the ban, authorizing “any person” to sue anyone who performs or facilitates an abortion outside that time frame
  • All would be subject to a $10,000 fine plus the plaintiff’s court costs for each successful lawsuit. At the same time, the law strips the state itself of enforcement power. The purpose of that novel provision is to prevent abortion providers from going to court, because there is no entity they can sue.
  • Abortion may be an uncomfortable subject to talk about, but don’t misunderstand the silence. Abortion is not rare. It is, in fact, a common female experience, although I’ll grant that it is not as common as voting. Nearly half of all pregnancies in the United States are unintended, and some 40 percent of those end in abortion. This is life as women live it, even in Texas.
  • Your silence is acquiescence; it’s a decision. You’re making a decision. Your silence is a decision. And when you recognize that, some of these issues are so salient and so critical that you have to take a position.
ethanshilling

Texas Voting Bill Nears Passage as Republicans Advance It - The New York Times - 0 views

  • The Republican-controlled Texas Legislature was racing against the clock on Sunday night to pass a sweeping overhaul of the state’s election laws that would rubber-stamp some of the most rigid voting restrictions in the country, but Democrats were pledging an all-out fight to try to stall the bill and prevent it from passing by a midnight deadline.
  • The bill in Texas, if it passes, is unlikely to be the final G.O.P. voting legislation this year. Multiple states, including Arizona, Ohio and Michigan, have legislatures that are still in session and that may move forward on new voting laws.
  • Mr. Abbott, who could call a special session as early as June, has previously stated that an election overhaul was one of his top priorities for this legislative session, and he was widely expected to sign whatever bill Republicans passed.
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  • The bill includes new restrictions on absentee voting; grants broad new autonomy and authority to partisan poll watchers; escalates punishments for mistakes or offenses by election officials; and bans both drive-through voting and 24-hour voting
  • The bill in Texas, a major state with a booming population, represents the apex of the national Republican push to install tall new barriers to voting after President Donald J. Trump’s loss last year to Joseph R. Biden Jr., with expansive restrictions already becoming law in Iowa, Georgia and Florida in 2021.
  • President Biden and key Democrats in Congress are confronting rising calls from their party to do whatever is needed — including abolishing the Senate filibuster, which moderate senators have resisted — to push through a major voting rights and elections overhaul that would counteract the wave of Republican laws.
  • Earlier on Sunday, after a legislative power play by Republicans that led to an all-night session and hours of impassioned debate and objections from Democrats, the Senate passed the bill.
  • In a provision added late in the process, the Texas bill would make it easier to overturn the results of an election in the state in some circumstances. Texas law previously required proof that illicit votes had resulted in a wrongful victory
  • By seeking to ban drive-through voting, 24-hour voting and the use of tents or temporary structures as polling locations, the Legislature is targeting cities and suburban areas where Democrats did well in November; roughly 140,000 residents of Harris County used one of those methods in the 2020 election.
  • The bill also creates new regulations for the maintenance of voter rolls, which could lead to bigger and more frequent purges of voters from the lists.
  • “They are intent on creating voting restrictions that reverse the trends that you’ve seen in Texas,” Gilberto Hinojosa, the chair of the Texas Democratic Party, said in an interview this month.
  • “What they’re trying to do is create a system that discourages people from actually going out to vote,” he said.
carolinehayter

Missouri Lawmakers May Refuse To Fund State's Medicaid Expansion : Shots - Health News ... - 0 views

  • It is hard to qualify for Medicaid as an adult in Missouri.
  • That was all set to change on July 1 because of a constitutional amendment voters approved last summer that made Missouri the 38th state to expand Medicaid coverage through the Affordable Care Act.
  • As it crafts the budget for the next fiscal year, the state legislature has moved to strip funding for Medicaid expansion.
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  • As many as 275,000 additional Missourians could get coverage — if there's funding for the program. But in the deep-red state, which voted for former President Donald Trump by more than 15 percentage points in 2020, lawmakers are looking to undo the voters' decision.
  • Complicating that argument is the state's current budget surplus, which Missouri's Republican governor estimated at nearly $1.1 billion for the 2021 fiscal year
  • Smith argued that spending on expansion is irresponsible, even though the federal government covers 90% of the costs for those covered under expansion. Compare that with the 60% of costs Washington covers for current Medicaid recipients.
  • "Medicaid expansion is wrong for Missouri. I think it's wrong for the state budget."
  • Some Republicans contend the rural districts they represent voted against the measure; others claim voters were misled.
  • "Even though my constituents voted for this lie, I am going to protect them from this lie."
  • Democrats argue that Republicans are pushing ideology over the will of the people, who voted by more than 6 percentage points to expand the program.
  • The big legal question of what happens if the legislature defies the constitutional amendment could still be rendered moot. The budget will now head to the state Senate, where Republicans are split over what to do. While some have said they support including expansion funding, others are still speaking out against it.
  • The deadline for those disputes to be resolved is July 1, the date the constitution states that eligibility will expand, regardless of funding.
  • Scientists Race To Develop Next Generation Of COVID Vaccines
hannahcarter11

Alabama Trans Youth Dismayed By State's Effort To Block Medical Care : NPR - 0 views

  • So Hall is watching with alarm as the Alabama legislature advances bills that would outlaw hormone treatment for him and other trans youth in the state.
  • Thinking of the bills' proponents, he says, "Why should some guy who has never met me ... why should he get to tell me what I can and can't do? Why does he get to decide what is right for people who just want to be happy?"
  • This year, state legislatures have proposed a record number of anti-transgender bills.
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  • Alabama is one of 20 states that have introduced bills that would prohibit gender-affirming medical care for trans youth.
  • Alabama's bill is one of the toughest. It would make it a felony to provide transition-related medical treatment, such as puberty blockers, hormones or surgery, to transgender minors.
  • Hall was assigned female at birth. But, he says, when he hit puberty around fifth grade, "That's when I started to fully get uncomfortable with, like, the way that I looked or the way that I felt. Like, in my head I looked a different way than I looked in the mirror."
  • This month, the American Academy of Pediatrics issued a statement calling bills that prohibit trans medical care, or that ban trans girls from women's sports teams, "dangerous."
  • The Alabama legislation is called the Vulnerable Child Compassion and Protection Act.
  • It passed overwhelmingly in the state Senate, by a vote of 23-4, and could go before the full House as early as this week.
  • At a House health committee hearing this month, lawmakers heard an impassioned plea from Sgt. David Fuller with the Gadsden, Ala., police department, who is father to a transgender girl.
  • Those who treat transgender youth say remarks like these are not just factually wrong; they also stigmatize an already marginalized and vulnerable population.
  • The swift progress of the trans medical care ban through the Alabama legislature has caused anxiety for families like theirs.
  • She points out that in their Birmingham clinic, no minor child is making the decision for treatment on their own. There is a detailed informed-consent process, and the child, their parents and the entire medical team all have to agree on a treatment plan.
  • But if the Alabama bill becomes law, she and her medical team could be charged with class C felonies for prescribing puberty blockers or hormones.
  • That means they could face up to 10 years in prison.
  • LGBTQ advocacy groups are gearing up for immediate court challenges if any of the medical care bans bubbling up around the country become law.
  • For Hall, Alabama's legislation would deny something essential: the person he knows himself to be. And, he says, the notion that he's a "gender-confused child" who's just "going through a phase" causes real pain.
anonymous

Georgia Republicans Work To Rebuild Election Confidence : NPR - 0 views

  • inside the Bartow County, Ga., Senior Center on Tuesday, a dozen teams worked in pairs to do a hand recount of more than 43,000 votes cast in the Jan. 5 runoffs.
  • The final margin for the races are outside the threshold for a recount, and the voters in this county an hour northwest of Atlanta are about 75% Republican
  • Kirk is a firm believer in transparency and education when it comes to the state's voting system - especially after one of the most secure elections in state history, one that saw record turnout and few reported problems.
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  • But Georgia was also ground zero for misinformation and attacks on election integrity, led by President Trump and a number of top Republicans in Georgia and beyond.
  • Outgoing Sens. Kelly Loeffler and David Perdue made last-minute pushes to support a challenge to the Electoral College, the chair of the Georgia Republican Party and other lawmakers backed lawsuits seeking to overturn the state's presidential results and the Republican-led legislature held hearings that promoted false claims of voter fraud and promised to crack down on voting rights.
  • The November election saw President Trump lose Georgia by about 12,000 votes and the 5 million ballots cast were counted three times, including a full hand audit required by law.
  • Kirk believes audits should happen after every election as a way to help the public trust their votes are counted and verify voting equipment functions correctly.
  • In this case, the audit examined the Senate election between former Republican Sen. David Perdue and Democratic Sen.-elect Jon Ossoff. Ballots were checked by pairs of election workers that audibly read off votes on the page, confirming with their partner before moving to the next one.
  • State Election Board member Matt Mashburn stopped by the audit and was pleased with the process but frustrated with fellow Republicans who have spent weeks pushing conspiracies about the election and eroding faith and trust.
  • In deep-red Bartow County, many Republicans expressed concerns with 24/7 absentee drop boxes, vote counting and the machines picked by the GOP legislature.
  • While fewer members of the public were there to watch the audit than November's vote count, those who were there said it was still an important step in becoming an informed voter.
  • n the aftermath of the 2020 election cycle, observing how the electoral sausage gets made isn't just something for skeptical Republicans. Democratic monitor Karen Tindall threw herself into volunteering this year at the age of 71, in part because she wanted to help take partisan politics out of the way our votes are counted.
  • "I think we just need to talk about the process and explain it to people because the elections are safe and they are fair,"
  • After working for about eight hours, the final margin of error in Bartow County was less than a tenth of percent from the original results - expected, Kirk said, because humans are involved in the counting process that is normally done by machine.
  • The audit comes as Georgia's legislature gets back to action, and some Republican lawmakers have promised to crack down on absentee ballots after spending weeks spreading misinformation and false claims of fraud.
  • And while some lawmakers floated the idea of removing no-excuse absentee voting enacted by (and primarily used by) Republicans for the last 15 years, Republican House Speaker David Ralston said he would appoint a new bipartisan committee to tackle any changes.
Javier E

77 Days: Trump's Campaign to Subvert the Election - The New York Times - 0 views

  • Thursday the 12th was the day Mr. Trump’s flimsy, long-shot legal effort to reverse his loss turned into something else entirely — an extralegal campaign to subvert the election, rooted in a lie so convincing to some of his most devoted followers that it made the deadly Jan. 6 assault on the Capitol almost inevitable.
  • with conspiratorial belief rife in a country ravaged by pandemic, a lie that Mr. Trump had been grooming for years finally overwhelmed the Republican Party and, as brake after brake fell away, was propelled forward by new and more radical lawyers, political organizers, financiers and the surround-sound right-wing media.
  • Across those 77 days, the forces of disorder were summoned and directed by the departing president, who wielded the power derived from his near-infallible status among the party faithful in one final norm-defying act of a reality-denying presidency.
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  • Throughout, he was enabled by influential Republicans motivated by ambition, fear or a misplaced belief that he would not go too far.
  • For every lawyer on Mr. Trump’s team who quietly pulled back, there was one ready to push forward with propagandistic suits that skated the lines of legal ethics and reason
  • That included not only Mr. Giuliani and lawyers like Sidney Powell and Lin Wood, but also the vast majority of Republican attorneys general, whose dead-on-arrival Supreme Court lawsuit seeking to discount 20 million votes was secretly drafted by lawyers close to the White House, The Times found.
  • With each passing day the lie grew, finally managing to do what the political process and the courts would not: upend the peaceful transfer of power that for 224 years had been the bedrock of American democracy.
  • The vote-stealing theory got its first exposure beyond the web the day before the election on Mr. Bannon’s show. Because of the Hammer, Mr. McInerney said, “it’s going to look good for President Trump, but they’re going to change it.” The Democrats, he alleged, were seeking to use the system to install Mr. Biden and bring the country to “a totalitarian state.”
  • with the White House counsel, Pat A. Cipollone, backing him, Mr. Barr told the president that he could not manufacture evidence and that his department would have no role in challenging states’ results, said a former senior official with knowledge about the meeting, a version of which was first reported by Axios. The allegations about manipulated voting machines were ridiculously false, he added; the lawyers propagating them, led by Mr. Giuliani, were “clowns.”
  • Yet as the suits failed in court after court across the country, leaving Mr. Trump without credible options to reverse his loss before the Electoral College vote on Dec. 14, Mr. Giuliani and his allies were developing a new legal theory — that in crucial swing states, there was enough fraud, and there were enough inappropriate election-rule changes, to render their entire popular votes invalid.
  • As a result, the theory went, those states’ Republican-controlled legislatures would be within their constitutional rights to send slates of their choosing to the Electoral College.
  • Yet as the draft circulated among Republican attorneys general, several of their senior staff lawyers raised red flags. How could one state ask the Supreme Court to nullify another’s election results? Didn’t the Republican attorneys general consider themselves devoted federalists, champions of the way the Constitution delegates many powers — including crafting election laws — to each state, not the federal government?
  • In an interview, Mr. Kobach explained his group’s reasoning: The states that held illegitimate elections (which happened to be won by Mr. Biden) were violating the rights of voters in states that didn’t (which happened to be won by Mr. Trump).
  • The lawsuit was audacious in its scope. It claimed that, without their legislatures’ approval, Georgia, Michigan, Pennsylvania and Wisconsin had made unconstitutional last-minute election-law changes, helping create the conditions for widespread fraud. Citing a litany of convoluted and speculative allegations — including one involving Dominion voting machines — it asked the court to shift the selection of their Electoral College delegates to their legislatures, effectively nullifying 20 million votes.
  • One lawyer knowledgeable about the planning, speaking on the condition of anonymity, said: “There was no plausible chance the court will take this up. It was really disgraceful to put this in front of justices of the Supreme Court.”
  • The next day, Dec. 9, Representative Mike Johnson of Louisiana sent an email to his colleagues with the subject line, “Time-sensitive request from President Trump.” The congressman was putting together an amicus brief in support of the Texas suit; Mr. Trump, he wrote, “specifically asked me to contact all Republican Members of the House and Senate today and request that all join.” The president, he noted, was keeping score: “He said he will be anxiously awaiting the final list to review.”
  • Some 126 Republican House members, including the caucus leader, Mr. McCarthy, signed on to the brief, which was followed by a separate brief from the president himself. “This is the big one. Our Country needs a victory!” Mr. Trump tweeted. Privately, he asked Senator Ted Cruz of Texas to argue the case.
  • By the time the bus pulled into West Monroe, La., for a New Year’s Day stop to urge Senator John Kennedy to object to certification, Mr. Trump was making it clear to his followers that a rally at the Ellipse in Washington on Jan. 6 was part of his plan. On Twitter, he promoted the event five times that day alone.
  • But talk at the rally was tilting toward what to do if they didn’t.“We need our president to be confirmed through the states on the 6th,” said Couy Griffin, the founder of Cowboys for Trump. “And right after that, we’re going to have to declare martial law.”
  • Though Ms. Kremer held the permit, the rally would now effectively become a White House production. After 12,000 miles of drumbeating through 44 stops in more than 20 states, they would be handing over their movement to the man whose grip on power it had been devised to maintain.
  • Mr. Barr had resigned in December. But behind the back of the acting attorney general, Jeffrey A. Rosen, the president was plotting with the Justice Department’s acting civil division chief, Jeffrey Clark, and a Pennsylvania congressman named Scott Perry to pressure Georgia to invalidate its results, investigate Dominion and bring a new Supreme Court case challenging the entire election. The scheming came to an abrupt halt when Mr. Rosen, who would have been fired under the plan, assured the president that top department officials would resign en masse.
  • But Mr. Cruz was working at cross-purposes, trying to conscript others to sign a letter laying out his circular logic: Because polling showed that Republicans’ “unprecedented allegations” of fraud had convinced two-thirds of their party that Mr. Biden had stolen the election, it was incumbent on Congress to at least delay certification and order a 10-day audit in the “disputed states.” Mr. Cruz, joined by 10 other objectors, released the letter on the Saturday after New Year’s.
  • The rally had taken on new branding, the March to Save America, and other groups were joining in, among them the Republican Attorneys General Association. Its policy wing, the Rule of Law Defense Fund, promoted the event in a robocall that said, “We will march to the Capitol building and call on Congress to stop the steal,” according to a recording obtained by the progressive investigative group Documented.
  • Mr. Stockton said he was surprised to learn on the day of the rally that it would now include a march from the Ellipse to the Capitol. Before the White House became involved, he said, the plan had been to stay at the Ellipse until the counting of state electoral slates was completed.
  • Defiantly, to a great roar from the plaza, Ms. Chafian cried, “I stand with the Proud Boys, because I’m tired of the lies,” and she praised other militant nationalist groups in the crowd, including the Oath Keepers and the Three Percenters.
  • Speakers including Mr. Byrne, Mr. Flynn, Mr. Jones, Mr. Stone and the Tennessee pastor Mr. Locke spoke of Dominion machines switching votes and Biden ballots “falling from the sky,” of “enemies at the gate” and Washington’s troops on the Delaware in 1776, of a fight between “good and evil.”“Take it back,” the crowd chanted. “Stop the steal.”
  • “What we do now is we take note of the people who betrayed President Trump in Congress and we get them out of Congress,” he said. “We’re going to make the Tea Party look tiny in comparison.”
tsainten

Opinion | What Happens if Neither Trump Nor Biden Concedes? - The New York Times - 0 views

  • Ultimately, all democratic transitions are based on one side being willing to concede power to another. Without a concession at some stage, power must be allocated by force: Either the military must decide, or there is civil war. There is growing concern that the United States may be arriving at a moment where a concession is no longer achievable — but if this is the case, this is ultimately a problem with the state of American politics, not its legal machinery.
  • In ordinary presidential systems elsewhere, an election commission announces the outcome. Then, the political spotlight shifts immediately to the defeated candidate, who must make the crucial decision: Will they accept the result? It is a democracy’s most defining and most perilous moment.
  • State legislatures in the United States have an untested reserve power that allows them to ignore their state’s vote and appoint electors themselves. This has been portrayed as a grave danger to the system, providing yet another way for a presidential election to go off the rails.
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  • If the House and Senate arrive at different decisions, the law governing the proceedings is unclear about how to reconcile them, with the potential for an unresolvable constitutional deadlock.
  • The 2000 election was arguably the closest in history, decided by Florida by a margin of one one-hundredth of one percent, so close that we will never know who the true winner of the state was: Media recounts months later concluded that the results would change depending on which counting method was used. Even so, a concession occurred before the second stage.
  • If a state’s electoral votes are disputed, the House and Senate meet separately to adjudicate the controversy. A potentially small number of representatives or senators can break rank, conceding the election by agreeing to resolve the dispute in favor of the other party. There is a potentially dangerous legal ambiguity here:
  • The House and Senate could vote on the commission’s recommendation — but if the two houses disagreed, the commission’s decision would stand. The commission first recommended, on an 8-to-7 partisan vote, that Florida’s disputed electoral votes be allocated to the Republican candidate, Rutherford B. Hayes. But while the Republican Senate endorsed the recommendation, the Democratic House rejected it. The pivotal moment came immediately afterward: With the speaker of the House at his side, the vice-president announced that the commission’s decision stood. The Democrats accepted the call; they allowed the count to continue.
  • Peaceful transitions of power require political will. In the end, people on one side must step back from the brink.
Javier E

The Inside Story of Michigan's Fake Voter Fraud Scandal - POLITICO - 0 views

  • In the end, it wasn’t a senator or a judge or a general who stood up to the leader of the free world. There was no dramatic, made-for-Hollywood collision of cosmic egos. Rather, the death knell of Trump’s presidency was sounded by a baby-faced lawyer, looking over his glasses on a grainy Zoom feed on a gloomy Monday afternoon, reading from a statement that reflected a courage and moral clarity that has gone AWOL from his party, pleading with the tens of thousands of people watching online to understand that some lines can never be uncrossed.
  • “We must not attempt to exercise power we simply don’t have,” declared Van Langevelde, a member of Michigan’s board of state canvassers, the ministerial body with sole authority to make official Joe Biden’s victory over Trump. “As John Adams once said, 'We are a government of laws, not men.' This board needs to adhere to that principle here today. This board must do its part to uphold the rule of law and comply with our legal duty to certify this election.”
  • As a Republican, his mandate for Monday’s hearing—handed down from the state party chair, the national party chair and the president himself—was straightforward. They wanted Michigan’s board of canvassers to delay certification of Biden’s victory. Never mind that Trump lost by more than 154,000 votes, or that results were already certified in all 83 counties. The plan was to drag things out, to further muddy the election waters and delegitimize the process, to force the courts to take unprecedented actions that would forever taint Michigan’s process of certifying elections.
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  • Not because it was going to help Trump win but because it was going to help Trump cope with a loss. The president was not accepting defeat. That meant no Republican with career ambitions could accept it, either.
  • At a low point in his party’s existence, with much of the GOP’s leadership class pre-writing their own political epitaphs by empowering Trump to lay waste to the country’s foundational democratic norms, an obscure lawyer from west Michigan stood on principle. It proved to be the nail in Trump’s coffin
  • Shortly after Michigan’s vote to certify, the General Services Administration finally commenced the official transition of power and Trump tweeted out a statement affirming the move “in the best interest of our Country.”
  • Still, the drama in Lansing raised deeper questions about the health of our political system and the sturdiness of American democracy
  • Why were Republicans who privately admitted Trump’s legitimate defeat publicly alleging massive fraud? Why did it fall to a little-known figure like Van Langevelde to buffer the country from an unprecedented layer of turmoil?
  • In conversations with more than two dozen Michigan insiders—elected officials, party elders, consultants, activists—it became apparent how the state’s conditions were ripe for this sort of slow-motion disaster
  • Michigan is home to Detroit, an overwhelmingly majority Black city, that has always been a favorite punching bag of white Republicans. The state had viral episodes of conflict and human error that were easily manipulated and deliberately misconstrued. It drew special attention from the highest levels of the party, and for the president, it had the potential to settle an important score with his adversary, Democratic Governor Gretchen Whitmer
  • Perhaps most important, Trump’s allies in Michigan proved to be more career-obsessed, and therefore more servile to his whims, than GOP officials in any other state he has cultivated during his presidency, willing to indulge his conspiratorial fantasies in ways other Republicans weren’t.
  • “Anybody can sue anybody for any reason. But winning is a whole different matter. And Trump didn’t have a realistic pathway here,” Brian Calley, the former GOP lieutenant governor, told me prior to the certification vote
  • “We have to see this for what it is. It’s a PR strategy to erode public confidence in a very well-run election to achieve political ends,” Secretary of State Jocelyn Benson, a Democrat, said in an interview last week. “This was not any type of valid legal strategy that had any chance at ultimately succeeding.”
  • Strangely liberated by his deficit of 154,000 votes, the president’s efforts here were aimed not at overturning the results, but rather at testing voters’ faith in the ballot box and Republicans’ loyalty to him.
  • where he can ultimately succeed—is in convincing unprecedented numbers of Americans that their votes didn’t count. Last month, Gallup reported that the public’s confidence in our elections being accurate dropped 11 points since the 2018 midterms, which included a 34-point decrease among Republicans.
  • That was before a daily deluge of dishonest allegations and out-of-context insinuations; before the conservative media’s wall-to-wall coverage of exotic conspiracy theories; before the GOP’s most influential figures winked and nodded at the president of the United States alleging the greatest fraud in U.S. history.
  • Trump failed to win Michigan. But he succeeded in convincing America that a loss, no matter how conclusive, may never again be conclusive enough.
  • The irony of Michigan’s electoral meltdown is that Election Day, in the eyes of veteran clerks and poll workers across the state, was the smoothest it had ever been
  • “You’re talking about election officials implementing new laws, running an election with a 60 percent mail vote, in the middle of a pandemic,”
  • “In terms of voters getting the ballots processed and counted in a reasonable time period, I thought they did a marvelous job. But it was a huge challenge.”
  • There’s always this rallying cry from Republicans—‘We win everywhere else, but lose Wayne County’—that creates paranoia. I still remember hearing, back on my first campaign in 2002, that Wayne County always releases its votes last so that Detroit can see how many votes Democrats need to win the state. That’s what a lot of Republicans here believe.”
  • The Republicans—House Speaker Lee Chatfield and Senate Majority Leader Mike Shirkey—were not interested. Spooked by Trump’s continued assault on mail voting, and aware that their own members in the Legislature were distrustful of the new “no-excuse-absentee” rules, Chatfield and Shirkey weren’t inclined to do the process any favors.
  • many Republicans didn’t believe the election would be terribly close to begin with
  • The common expectation was that the president would lose comfortably, by at least 4 or 5 points, a margin that would render any controversy about absentee voting meaningless.
  • Michigan Republicans were gripped by equal parts euphoria and panic. It was clear Trump was running far more competitively than they’d anticipated; he was on track to win Florida, Ohio and North Carolina, three states that tally their ballots quickly, meaning the spotlight would abruptly shift to the critical, slow-counting battlegrounds of Michigan, Wisconsin and Pennsylvania.
  • it wasn’t until midnight that the urgency of the situation crashed over Republicans. Trump had built a lead of nearly 300,000 votes on the strength of same-day ballots that were disproportionately favorable to him. Now, with the eyes of the nation—and of the president—fixed on their state, Michigan Republicans scrambled to protect that lead.
  • Whitmer and Benson warned the GOP leaders that a protracted counting process, especially in the scenario of a competitive election, would invite chaos. Other states Trump carried in 2016, such as Ohio and Florida, allowed for pre-canvassing of absentee and other mail-in ballots so that voters would know which candidate carried the state on election night. Why couldn’t Michigan do the same?
  • Thomas had been “thrilled” with the professionalism he’d witnessed during Monday’s pre-processing session and Tuesday’s vote tabulating. Now, in the early morning hours of Wednesday, things were going sideways. Groups of Republican poll challengers were clustering around individual counting tables in violation of the rules.
  • “Reading these affidavits afterward from these Republican poll challengers, I was just amazed at how misunderstood the election process was to them,” Thomas chuckled. “The things they said were going on—it’s like ‘Yeah, that’s exactly what was going on. That’s what’s supposed to happen.’
  • His cushion over Biden had been whittled down to 70,000 votes. There remained hundreds of thousands of absentee ballots to be counted in the large, Democratic strongholds of Detroit, Lansing and Flint. The math was simply not workable for the president. Just before 9:30 a.m., Biden overtook Trump in the tally of Michigan’s votes—and suddenly, a switch flipped on the right.
  • After 24 hours of letting the democratic process work, Republicans around the country—watching Trump’s second term slipping through their fingers—began crying foul and screaming conspiracy. No state cornered the hysteria market quite like Michigan.
  • “The people outside that room were doing exactly what the law says you would eject people for doing—they were disrupting the election,” Thomas said. “Everyone else in the room—the Democratic Party, the Republican Party, the ACLU, the nonpartisans—they all still had a full complement of challengers in the room. And the Republicans, by the way, had far more challengers in the room than they were entitled to.”
  • Truly egregious was Cox’s dishonesty. At the time of her tweet, several hundred of her party’s poll challengers, attorneys and representatives were already inside the TCF Center monitoring the count
  • By law, Republicans were allowed to have 134 challengers in the room, one for each tabulation table. In reality, the GOP had far more than that, according to sworn testimony from nonpartisan poll watchers inside the TCF Center. Because of the overflow, election officials ultimately decided to lock down the complex
  • In the days following Trump’s shameful address to the nation, two realities became inescapable to Michigan’s GOP elite. First, there was zero evidence to substantiate widespread voter fraud. Second, they could not afford to admit it publicly.
  • What made this behavior all the more confounding, Thomas said, is that the election was conducted more transparently than any he’d ever participated in. Each of the 134 tables had monitors placed at the end, “showing every keystroke that was made,” so that challengers could see exactly what was happening
  • But he came to realize that none of this mattered. Having dealt with Republican poll challengers for decades, Thomas said, it was clear the people who infiltrated TCF on Wednesday were not adequately trained or there for the right reasons.
  • “Unlike the people who were there Monday and Tuesday, these people Wednesday were totally unprepared. They had no idea how the system worked. They had no idea what they were there for,” Thomas said. “Many of them—not all of them, but many of them—they were on a mission. They clearly came in believing there was mass cheating going on in Detroit and they were on a mission to catch it.”
  • When Trump addressed the nation from the White House on Thursday night, insisting the election had been “stolen” from him, he returned time and again to alleged misconduct in Michigan’s biggest city. Detroit, he smirked, “I wouldn’t say has the best reputation for election integrity.” He said the city “had hours of unexplained delay” in counting ballots, and when the late batches arrived, “nobody knew where they came from.” He alleged that Republicans had been “denied access to observe any counting in Detroit” and that the windows had been covered because “they didn’t want anybody seeing the counting.”
  • All of this was a lie. Republicans here—from Ronna Romney McDaniel to Laura Cox to federal and local lawmakers—knew it was a lie. But they didn’t lift a finger in protest as the president disparaged Michigan and subverted America’s democratic norms. Why?
  • The true insanity was saved for Detroit. By early afternoon on Wednesday, hundreds and hundreds of Republicans had descended on the TCF Center, responding to an all-hands-on-deck missive that went out from the state party and was disseminated by local officials. Cox, the party chair, tweeted out a video of her comrades standing outside the locked-up downtown building. “Republican poll challengers blocked from entering the TCF Center in Detroit! This is egregious!” she wrote.
  • Tapped by the president-elect to take over the Republican National Committee—on the not-so-subtle condition that she remove “Romney” from her professional name—McDaniel morphed into an archetype of the Trump-era GOP sycophant. There was no lie too outlandish to parrot, no behavior too unbecoming to justify, no abuse of power too flagrant to enable
  • Longtime friends worried that McDaniel wasn’t merely humiliating herself publicly; she seemed to be changing in private. She was no longer coolly detached from the passions of politics. If anything, she was turning into a true MAGA believer.
  • There was some relief, then, when in recent weeks McDaniel told multiple confidants that she doubted there was any scalable voter fraud in Michigan. Nevertheless, McDaniel told friends and fellow Republicans that she needed to stay the course with Trump and his legal team. This wasn’t about indulging him, she said, but rather about demonstrating a willingness to fight—even when the fight couldn’t be won.
  • McDaniel’s thinking is actually quite linear. The RNC will vote in January on the position of chair. She is anxious to keep her job.
  • No matter how obvious the outcome—to McDaniel, to the 168 members of the RNC, maybe even to Trump himself—any indication of surrender would be unforgivable.
  • This is why McDaniel has sanctioned her employees, beginning with top spokesperson Liz Harrington, to spread countless demonstrable falsehoods in the weeks since Election Day. It’s why the RNC, on McDaniel’s watch, tweeted out a video clip of disgraced lawyer Sidney Powell claiming Trump “won in a landslide” (when he lost by more than 6 million votes nationally) and alleging a global conspiracy to rig the election against him.
  • With Trump entering the anguished twilight of his presidency, all that appears to matter for someone like McDaniel—or Cox, the state party chair, who faces an upcoming election of her own—is unconditional fidelity to the president.
  • Both Chatfield and Shirkey are talented and ambitious, self-grooming for future runs at higher office. Both could see the obvious problems of meeting with the president at such a precarious moment—and both could also see how spurning Trump could torpedo their careers in the GOP.
  • “Frankly, continuing to humor him merely excuses his role in this. The election wasn’t stolen, he blew it. Up until the final two weeks, he seemingly did everything possible to lose. Given how close it was, there is no one to blame but Trump.”
  • “But if they want a future within the party, it is required of them to demonstrate continued fealty. Principled conservatives who respect the rule of law and speak out suddenly find themselves outcasts in a party that is no longer about conservativism but Trumpism. Just ask once-conservative heroes like Jeff Flake, Justin Amash and Mark Sanford.”
  • Monica Palmer, one of the GOP canvassers, caused an uproar when she offered to certify the rest of Wayne County—precincts like Livonia—without certifying Detroit. (Livonia, which is 95 percent white, had more poll-book irregularities than Detroit, which is 80 percent Black.)
  • Tweeting out siren emojis, Jenna Ellis, the attorney for Trump’s campaign, announced: “BREAKING: This evening, the county board of canvassers in Wayne County, MI refused to certify the election results. If the state board follows suit, the Republican state legislator will select the electors. Huge win for @realDonaldTrump.”
  • the notion that legislators would under any circumstance be free to send their own partisans to the Electoral College had no basis in fact. Under Michigan statute, the only electors eligible to represent Michigan are those who will vote for the winner of the popular vote. There is no discretion for anyone—the governor, leaders of the legislature, canvassers at the county or state level—to do anything but follow the law.
  • “The unfortunate reality within the party today is that Trump retains a hold that is forcing party leaders to continue down the path of executing his fantasy of overturning the outcome—at their own expense,”
  • precautions were taken. In a savvy move, Chatfield and Shirkey prepared a letter addressing concerns over funding to deal with Covid-19 in Michigan. They also brought along their general counsels. These two maneuvers—one to soothe the outcry over Michigan lawmakers meeting with a president whose legal team was calling for them to overturn the state’s election results; the other to insulate them from improper discussions about doing exactly that—were sufficient to sidestep any major crisis.
  • Trump, perhaps sensing the nervous reticence of his guests, did not make the ask they feared. As the meeting went on, it became apparent to some people in the room that more than anything, Trump had called his Michigan allies to Washington to get an honest assessment of what had happened there. He wanted to know if there was any pathway to victory. They told him there was not.
  • “I don’t get it,” the president said, venting confusion and frustration. “All these other Republicans, all over the country, they all win their races. And I’m the only guy that loses?”
  • With all 83 counties boasting certified results, the only thing that stood between Joe Biden and his rightful claim to Michigan’s 16 electoral votes was certification from the state board of canvassers. In a rational political climate, this would not have been the subject of suspense. But the swirling innuendo and disinformation had long ago swept away any semblance of normalcy.
  • Already, one of the board’s two Republicans, Norm Shinkle, a career party fixture, had hinted he would not vote to certify the state’s result. Because the two Democrats would obviously vote in favor of certification, a manic gush of attention turned to the other Republican member, Aaron Van Langevelde.
  • By Sunday morning, speculation was rampant that Van Langevelde would resign from the board on Monday. This made perfect sense to Republicans and Democrats alike: Based on their fact-finding mission into the mysterious fourth board member, Van Langevelde was a bookish type, a rule follower, an obsessive student of world history (particularly the Roman Empire) who believes to his core in a conservative application of the law
  • He would be inclined, Lansing insiders figured, to vote in favor of certifying the results. But he would be disinclined to throw away his future in the Republican Party. A resignation from the board was his only way out.
  • Working off this expectation, a late lobbying blitz turned on Shinkle. In the 36 hours preceding Monday’s vote, he was inundated with calls and emails and text messages from high-ranking Republican luminaries around the state. Some, such as former congressman and House Intelligence Chair Mike Rogers, urged him to certify the results in accordance with Michigan law. Others, including McDaniel and Cox and other state party figures, pleaded with Shinkle to stand his ground and insist on a two-week delay.
  • The response they got was universal: He would promise to “do my best,” then he would offer a litany of unsubstantiated allegations of fraud. (Not everyone bothered contacting Shinkle: That his wife served as a plaintiff’s witness in Trump’s ill-fated lawsuit against Detroit struck many people not just as a conflict of interest, but as a clear indication he would never vote to certify.)
  • Some Republicans didn’t want to believe it. But for others, reality began to set in. They had grown so accustomed to Republicans falling in line, bending a knee to Trumpism, that the notion of someone acting on his own personal ethic had become foreign.
  • But the more they learned about Van Langevelde, the more he sounded like just that type of independent thinker. Some viewed his relative youth as an asset, believing he wouldn’t risk throwing away his future in the party. What they had failed to appreciate was that young conservatives were oftentimes the most disillusioned with the party’s drift from any intellectual or philosophical mooring.
  • Like a good attorney, Van Langevelde meticulously questioned a number of expert guest speakers to ascertain if they had dissenting views of the board’s authority under state law. Time and again, they affirmed his position. The body did not have power to audit or investigate or recount; that could be done only by distinct bodies after certification was complete. The job of the board of state canvassers was narrowly to examine the certified results from all 83 counties and then, based on the relevant vote totals, certify a winner of Michigan’s 16 electoral votes. The one time he was challenged—by Spies, the political superlawyer representing John James’ U.S. Senate campaign—Van Langevelde calmly brushed his recommendations aside, telling Spies, “I’m going to have to respectfully disagree with you on that.”
  • Within minutes of Van Langevelde’s vote for certification—and of Shinkle’s abstention, which guaranteed his colleague would bear the brunt of the party’s fury alone—the fires of retaliation raged. In GOP circles, there were immediate calls for Van Langevelde to lose his seat on the board; to lose his job in the House of Representatives; to be censured on the floor of the Legislature and exiled from the party forever. Actionable threats against him and his family began to be reported. The Michigan State Police worked with local law enforcement to arrange a security detail.
  • ll for doing his job. All for upholding the rule of law. All for following his conscience and defying the wishes of Donald Trump.
  • “It took a lot of courage for him to do what he thought was right and appropriate, given the amount of pressure he was under,” said Brian Calley, the GOP former lieutenant governor, who told me days earlier that he had never heard the name Aaron Van Langevelde. “He carried himself as well as anybody I’ve seen in that type of setting, including people with decades and decades of experience. He showed an awful lot of poise.”
  • The name Van Langevelde is already so infamous in Michigan Republican lore that those associated with him are at risk of being branded turncoats, too.
  • because of the sweeping transformation of the party—not just ideologically or stylistically, but mechanically, with MAGA loyalists now installed in state and local leadership posts across the country—the question of loyalty will continue to define the Republican identity for years to come.
  • That contours of that identity—what it means to be a Trump Republican—have gained clarity over time. The default embrace of nationalism. The indifference to ideas as a vision for governing. The disregard for institutional norms. The aversion to etiquette and the bottomless appetite for cultural conflict. Now there is another cornerstone of that identity: The subversion of our basic democratic process.
  • More than any policy enacted or court vacancy filled, Trump’s legacy will be his unprecedented assault on the legitimacy of the ballot box
  • Future iterations of the GOP will make casual insinuations of voter fraud central to the party’s brand. The next generation of Republicans will have learned how to sow doubts about election integrity in one breath and in the next breath bemoan the nation’s lack of faith in our elections, creating a self-perpetuating justification to cast suspicion on a process that by raw numbers does not appear conducive to keeping them in power.
  • “This is not some whacked-out fringe,” James said in one taping. “When half the votes in our state believe we just had the most secure election in U.S. history, and the other half believe they were cheated, we have a problem.”
  • James is right. We do have a problem. Our elections continue to be underfunded. Our election bureaus are chronically understaffed. Our election workers are badly undertrained. Our elections are prone to a significant amount of human error—and any municipal or county clerk will tell you that concerns over not catching those errors keep them up at night.
  • But errors are not fraud. And when James says he’s troubled that half of Michigan’s voters feel they were cheated, he would do well to remember that he was the one telling them they got cheated in the first place.
  • there is no denying the advent of a pattern. Republicans in Michigan and across America have spent the past three weeks promoting baseless allegations of corruption at the ballot box, the rabid responses to which they use as justification to continue to question the fundamental integrity of our elections. It’s a vicious new playbook—one designed to stroke egos and rationalize defeats, but with unintended consequences that could spell the unraveling of America’s democratic experiment.
  • “By capriciously throwing around these false claims, you can’t get to the heart of a really important issue. In fact, you lose any credibility to get to the heart of that issue,”
  • “And by the way, if you’re going to do an audit, you’d better do it statewide. This is not just a Detroit thing. There are sloppy Republican precincts all over the state.
  • There is no immediate way to make Americans appreciate this distinction, no instant cure for the flagging confidence in our elections.
  • there are obvious incremental steps to take in the name of transparency and efficiency. First among them, acknowledged Chatfield, the Michigan House speaker, is getting rid of the rules that led to the TCF Center circus in the first place.
  • one of the items where we should look at other states and see how they’ve done it well, is regarding the early processing of absentee ballots. We mishandled that this year. We should have allowed for early processing. We didn’t, and it became a spectacle.
  • For those Republicans left to pick up the pieces in the coming legislative session, there may be little incentive for bipartisan cooperation on a subject that now divides the two party bases as starkly as gun rights or tax rates. The backlash against absentee voting from Republican constituents was already fierce; in the wake of Trump’s defeat and the TCF Center conspiracies, Republicans might find it beneficial to avoid raising the issue at all.
  • There is little cause for optimism. If the majority of GOP politicians couldn’t be bothered to do the easy work of debunking crackpot conspiracy theories, how likely are they to do the hard work of hardening our democracy?
  • “A lot of our leaders in this country ought to be ashamed of themselves,” said Thomas, the nonpartisan elections guru who kept Michigan’s governing class guessing his political affiliation for the past several decades. “They have propagated this narrative of massive fraud, and it’s simply not true. They’ve leapt from some human error to massive fraud. It’s like a leap to Never Neverland. And people are believing them.
  • “The people of this country really need to wake up and start thinking for themselves and looking for facts—not conspiracy theories being peddled by people who are supposed to be responsible leaders, but facts,” Thomas said. “If they’re not going to be responsible leaders, people need to seek out the truth for themselves. If people don’t do that—if they no longer trust how we elect the president of the United States—we’re going to be in real trouble.”
hannahcarter11

Why It Wasn't Normal When Michigan Republicans Refused to Certify Votes - The New York ... - 0 views

  • For a few hours on Tuesday, it looked as though two Republican officials in Wayne County, Mich., might reject the will of hundreds of thousands of voters.
  • But hundreds of Michiganders logged on to a Zoom call to express their fury. And around 9 p.m., the Republicans reversed themselves, certifying the count.
  • Could the results of a free election really be blocked that easily, in such a routine part of the electoral process?
  • ...20 more annotations...
  • the answer was no, but perhaps only because so many people said so.
  • The Republican members, William Hartmann and Monica Palmer, said they were concerned about small discrepancies between the number of votes cast in some precincts and the number of people precinct officials recorded as having voted.
  • After intense backlash, both from election watchdogs and from voters whom Representatives Debbie Dingell and Rashida Tlaib organized to call in to the canvassing board’s meeting, Mr. Hartmann and Ms. Palmer voted to certify the results after all.
  • Is this sort of dispute normal?In a word, no.
  • This is basically an accounting task. If the canvassers find possible errors, it is their job to look into and resolve them, but refusing to certify results based on minor discrepancies is not normal.
  • The Trump campaign has filed a slew of legal challenges in Michigan and other states, but the courts have repeatedly rejected its arguments.
  • It is also highly abnormal to suggest, as Ms. Palmer did, that canvassers certify the results in one place but not another when there is no meaningful difference between the two in terms of the number or severity of discrepancies.
  • Before the deadlock was resolved, Ms. Palmer had proposed certifying the results in “the communities other than the city of Detroit.” As Democrats and election law experts noted, nearly 80 percent of Detroit residents are Black
  • “It’s hard to ignore the potentially racially motivated actions of at least one of the canvassers,” Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, said in an interview shortly before the board’s reversal, adding that her group was exploring “all legal avenues” if Republicans continued to disrupt the certification process.
  • Section 168.822 of Michigan’s election laws says that if a county board fails to certify results, the state board “shall meet immediately and make the necessary determinations and certify the results” within 10 days.
  • Under federal law, election experts say, a state legislature could potentially step in and appoint electors in a disputed presidential election.
  • First, the election is not legitimately disputed. Mr. Biden won multiple battleground states by clear margins.
  • it is extremely rare for members to decline to certify an election that their party lost.
  • Second, even if Republican state legislators appointed a pro-Trump slate, a Democratic governor could step in and appoint a pro-Biden slate.
  • The Republican leader of the Michigan Senate has said that the Legislature will not name its own electors.
  • Several election lawyers said last week that federal law would favor the slate appointed by the governor, including if Congress deadlocked. Congress could also, in theory, toss out Michigan’s electoral votes altogether.
  • If Congress did that, or if it chose the Republican slate against the will of a state’s voters, the country would be in constitutional crisis territory.
  • Regardless of the outcome, the fact that the Trump campaign and other Republicans have managed to inject so much chaos into what should be formalities shows how much disruption is possible in the systems that undergird the democratic process.
  • In other words: The system wasn’t designed for this.
  • A lesson of the Trump era has been that much of American democracy is built not on laws but on norms, which persist by common consent. The episode in Michigan is an example of what can happen when the consent stops being common.
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