Category: Constitutional Issues

MLK’s Assassination

The Daily Escape:

Vermontville, NY with Whiteface Mountain in the background – April 2022 photo by William Adamczak Photography

Just a short note today to say that we shouldn’t forget that Dr. Martin Luther King Jr. was murdered in Memphis 54 years ago yesterday. On April 4, 1968, Dr. King was fatally shot on the balcony of the Lorraine Motel in Memphis, a site that’s now a museum dedicated to the civil rights champion’s life.

We should also remember that at the time, he was pursuing economic justice, building the Poor People’s Campaign and supporting the striking sanitation workers of Memphis, TN.

When you look at 1968 versus 2022, in a lot of ways we’ve become more like the country we were back in the 1960s. We’ve seen the near-gutting of the Voting Rights Act by the Supreme Court. We also see efforts to end any teaching in schools of the truth about race in America, and about King’s legacy.

We’re being told by Republicans that a highly qualified Black woman isn’t Supreme Court material.

We spend more time celebrating Dr. King’s birth than acknowledging where he was politically when he was killed. Beyond economic justice, perhaps more than any other social-movement leader in American history, King proved capable of looking at different strands of political and social injustice, then tying them together to form a coherent narrative capable of leveraging dissent into concrete policy change.

That’s what we should remember: There’s less than three months between the observance of King’s birthday and his martyrdom. The way each is recognized by politicians reveals the contradictions in his legacy. Politicians of all ideological stripes extol the virtues of racial equality, while most ignore his criticisms of war and poverty.

King’s last book, “Where Do We Go From Here: Chaos or Community?” posed a question that resonates more today than it did at the time of its release in 1967: Where do we go from here?

Here’s an idea: Develop a narrative that unites people to win back the country from the MAGAs and their fellow travelers. Take that narrative to your neighbors. Work to get out the vote.

Our democracy is in an existential crisis, and only you (and your narrative) can save it.

That was the lesson of Dr. King’s life.

Let’s close with a musical statement that echoes MLK’s message. Watch and listen to “Keep Your Eyes On The Prize“, a folk song from the American civil rights movement. Although the song was composed as a hymn well before World War I, the lyrics in this version were written by civil rights activist Alice Wine in 1956. It is based on the traditional song, “Gospel Plow”, which is also known as “Hold On”, and “Keep Your Hand On The Plow”.

In this version from 2006, Bruce Springsteen starts on vocals, but when Marc Anthony Thompson (with hat) joins him, it becomes a great soul-stirring anthem:

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Dog Whistles in the Senate

The Daily Escape:

Poppy bloom, Lancaster, CA – March 22, 2022 photo by Matthew Mactaggart

There are many urgent issues that the Supreme Court is considering, but whether a children’s book should address racism isn’t one of them. At the Senate Judiciary Committee hearings on the qualifications of Judge Ketanji Brown Jackson for the Supreme Court, the curriculum at a private children’s day school in Georgetown was among the questions Republican Senators felt she needed to address.

This is more than simply a performative effort by a few Republicans to dog whistle to their supporters. It’s part of a decades-long effort by conservatives to control public education.

Bob Oakes of Boston’s WBUR had a report about how local Massachusetts school boards, like school boards across the country, have been facing angry questions about everything from Covid restrictions to the way schools teach about racism:

“WBUR found dozens of districts have faced criticism over how teachers discuss race and diversity in the classroom, as well as sex education.”

Oakes reported on the school committee at Dudley-Charlton, two small towns that share a school district and a high school. For years, local school committee meetings had focused on routine items such as staffing and trips by the marching band. More from WBUR:

“….that all changed last July when dozens of parents and residents packed a committee meeting to protest the school’s efforts to combat racism, including the hiring of a new diversity consultant.”

That led some residents to push unsuccessfully a recall of five school committee members over issues including Covid mask requirements and the hiring of the diversity consultant.

Jill Lepore has an article in the New Yorker about the history of efforts to control public education stretching back to the 1880s. She notes that for more than a century, from the teaching of evolution to anti-racism, parents have clashed over who gets to tell our origin story. She points out that community control began in the 1880s with the move to mandatory public education:

“Some families objected, citing “parental rights,” a legal novelty, but courts broadly upheld compulsory-education laws, deeming free public schooling to be essential to democratic citizenship.“

By 1916, nearly every state had mandated school attendance.

We have generally accepted that local and state school boards set curricula with the intention of having our students absorb a consensus-approved range of subjects which collectively tell a story about how we want our children to develop into adults.

This means teaching math and science, history and civics, the novels of Steinbeck and Toni Morrison in English class, along with the foundational myths we feel are important to the American story. All of this – the curriculum and the teaching – cohere to mold young citizens.

As Lepore notes, some Americans keep their children out of public schools because they don’t believe in a community of interests. That isn’t what they say of course. They put their children in charter and private schools, because they prefer their “quality.” What they won’t admit is how their search for a “quality” education also implies a question: What kind of information and what kind of child will their private school keep away from their children?

From Lepore:

“A few parents around the country may not like their children learning that they belong to a much bigger family—whether it’s a human family or an American family—but the idea of public education is dedicated to the cultivation of that bigger sense of covenant, toleration, and obligation. In the end, no matter what advocates of parents’ rights say, and however much political power they might gain, public schools don’t have a choice; they’ve got to teach, as American history, the history not only of the enslaved Africans who arrived in Virginia in 1619 and the English families who sailed to Plymouth on the Mayflower in 1620, but also….everyone. That’s why parents don’t have a right to choose the version of American history they like best, a story of only their own family’s origins. Instead, the state has an obligation to welcome children into that entire history, their entire inheritance.”

Parents trying to bully school boards into changing the curricula to suit their worldview is inherently wrong. The argument that “parents have the right to control what is taught in public schools because they’re our kids” is un-American. The Supreme Court found that to be true in 1943 in West Virginia State Board of Education v. Barnette, when the Court struck down a statute that required schoolchildren to recite the Pledge of Allegiance, saying it was a violation of the First Amendment.

The purpose of public school is to teach kids what society needs them to know. It’s the parents’ job to teach them what they WANT them to know.

Listen up Republicans: the “customer” of the public school system is the entire community, not individual parents or specific political parties. Those parents aren’t harmed, and they haven’t lost any “freedom” when curricula are set by school boards.

They still have the right to send little Jason and Janey to the private school of their choice at their own expense.

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Monday Wake Up Call – Remembering MLK, Jr.

The Daily Escape:

After an ice storm, Taos NM – January 2022 photo by Bob Benson

“Freedom without consequences is a myth. Our actions always have consequences. The question is: who will bear them?” – Seth Godin

The year 1968 was pivotal. In addition to the assassination of Martin Luther King, Jr., it brought the Tet Offensive, student protests across the country, the assassination of Robert F. Kennedy, the student and police riots at the Chicago Democratic Convention, Black Power salutes at the Olympics, and the triumph of Richard Nixon’s Southern strategy.

MLK, along with others in our churches and a few courageous politicians, came together to support the Big Idea that Separate was not Equal. MLK gave a voice to that Big Idea. His presence, power and persuasiveness drove our political process to an outcome in the Civil Rights Act of 1964 that was completely unthinkable in 1954 when Brown vs. Board of Education was decided by the Supreme Court.

Wrongo participated in the Civil Rights movement from 1958 to 1962. He left active participation in the movement believing good ideas and a morally sound position would change our politics. He was wrong.

Legislation has recently passed in eight states that will restrict what students can be taught about our past. This is an effort to segregate certain subjects from our common history. These Republican states want to diminish or exclude the stories that speak to slavery, to Jim Crow, and to other moments in which America’s deepest shortcomings around the subject of race in America are told.

Wrongo wishes that this represented a minority of the Republican Party. But when Biden spoke in Atlanta, he said:

“I ask every elected official in America: How do you want to be remembered? Do you want to be on the side of Dr. King or George Wallace? Do you want to be on the side of John Lewis or Bull Connor? Do you want to be on the side of Abraham Lincoln or Jefferson Davis?”

Dr. King had said that stripping the right to vote from Black southerners laid the groundwork for laws that further disadvantaged poor people, even across racial lines. Then as now, Southern legislatures justified limiting the franchise to vote with specious claims about electoral shenanigans.

Biden’s words set Republican teeth on edge. Sen. Mitch McConnell (R-KY) said that Biden:

“…called millions of Americans his domestic enemies…and that if you disagree with him, you’re George Wallace….If you don’t pass the laws he wants, you’re Bull Connor, and if you oppose giving Democrats untrammeled, one-party control of the country, well you’re Jefferson Davis.”

Fox News contributor Ari Fleischer tweeted:

“Now he says disagreeing w/him on voting laws means you’re a segregationist, like George Wallace or Bull Connor. How low can he go?”

The linkage between trying not to teach America’s true history with the censorious outrage shown by Republicans over Biden’s comments is clear. Biden said America needed to be on the side of voting rights.

That was Dr. King’s great struggle, and his great success.

But Republicans want to whitewash that history. They also condemn Biden’s efforts to tie today back to our undemocratic past. As Jelani Cobb says this week in the New Yorker:

“This holiday honoring Martin Luther King, Jr., sees a nation embroiled in conflicts that would have looked numbingly familiar to him. As school curricula and online discourse threaten to narrow our understanding of both past and future, it’s more important than ever to take stock of our history and its consequences….

Time to wake up America! We are docile sheep heading back to the barn, the place where we will be shorn of our democracy, just as surely as wool is shorn from the sheep. The smoking guns are all around us, and yet, we seem hopelessly divided about what we should do to change course.

To help you wake up, let’s listen to Wrongo’s favorite MLK song, “Southern” by OMD from their 1986 album “The Pacific Age“. On April 3, 1968, in Memphis, King delivered his last speech, which we remember as his “I’ve been to the mountaintop” speech. He was assassinated the next day. OMD samples some of the content of that speech in “Southern”:

Although everyone knows the “I’ve been to the mountaintop” part of the speech, Wrongo thinks our focus should be on the following:

I want young men and young women, who are not alive today
But who will come into this world, with new privileges
And new opportunities
I want them to know and see that these new privileges and opportunities
Did not come without somebody suffering and sacrificing
For freedom is never given to anybody

Why focus on that part of the speech? One day down the road, and it will not be long, young people will have forgotten what MLK meant to America, or how whatever remains of their civil rights, came to be.

Or, how the 13th Amendment ending slavery came about, and why, 100 years later in 1965, the Voting Rights Act was passed, or how 48 years later, in June, 2013, the Roberts Court eviscerated it.

So, take the time to teach a child about why MLK is so important.

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Saturday Soother – January 15, 2022

The Daily Escape:

Mount Pierce, with Mt. Washington in background, NH – photo by Eric Duma

On Tuesday, Democrat Sheila Cherfilus-McCormick won an election to fill the seat in Florida’s vacant 20th Congressional District. She will replace the late Rep. Alcee L. Hastings (D) who died last April after losing his fight with pancreatic cancer.

Cherfilus-McCormick, a 42-year old health-care company CEO, easily defeated Republican nominee Jason Mariner. The WaPo reports that Mariner had talked openly during the campaign about his past convictions for theft and cocaine possession and his time in jail. Bless his heart!

It wasn’t expected to be a competitive contest since Democrats heavily outnumber Republicans in the district. Biden won Florida’s 20th in 2020 with 77% of the vote, while Cherfilus-McCormick won the special election with 79%.

The CBS affiliate in Miami reports that Mariner is now refusing to concede his 60-point loss and is demanding an investigation into “election fraud”:

“Now they called the race, I did not win, so they say, but that does not mean…that we lost,”

He had filed a lawsuit before the polls even closed alleging there were problems with the ballots in Palm Beach and Broward Counties.

While we know that winning candidates can take office even without a concession, Republicans are turning into the Party of sore losers. When the 2022 mid-terms roll around, it is abundantly clear that few Republicans will concede in their races.

This makes a lie of what some Democrats (and a few Republicans) have said about the looming problems with vote counting; that if the winning margins are big enough, elections can’t be stolen. Margins are rarely as large as Cherfilus-McCormick’s, and her opponent isn’t conceding.

The entire point of the GOP’s continuing election lies is to undermine the legitimacy of wins by Democratic candidates. We’ll soon see whether contested mid-term elections won by Democrats will be judged as fraudulent in the many Republican-controlled states.

The broader Republican Party understands that there’s no such thing as a bad Conservative. Until they aren’t. At which point they call them liberals. As Rick Perlstein famously observed, in Conservative circles, “Conservatism never fails. It is only failed.”

When Congresswoman Cherfilus-McCormick takes office, Democrats will again hold 10 more House seats than Republicans. There is currently one vacancy in the House, the empty California seat formerly held by Congressman Devin Nunes (R).

Let’s move on from this week’s sad news that we will not see Democrats break the filibuster to pass either the For the People Act or the somewhat more modest Freedom to Vote Act. it’s time for our Saturday Soother!

Here in the Northeast, we’re expecting snow on Martin Luther King Jr. day, although we still have a respectable amount of snow on the Fields of Wrong. Today we’re hosting another gathering of family who were unable to visit when Wrongo inconveniently got Covid on Christmas Eve.

So the time is right to have a Saturday Soother before the house fills up. Let’s start by brewing up a vente cup of Panama Washed Process Gesha ($50/6 oz. That tells you inflation is really out of control!) from Jersey City, NJ’s own Modcup roasters.

Now grab a seat by the fireplace and remember Ronnie Spector, who died this week. Spector and the Ronettes were (along with the Shirelles) the essential 1960s girl groups. In 1963, the Ronettes joined forces with Wall of Sound producer, the odious Phil Spector, by cold-calling him.

The Ronettes went on to have nine top-ten hits working with Spector. Ronnie and Phil married in 1968. During the marriage, Spector was violent and abusive, subjecting her to physical and emotional threats, and locking her up in their home. She finally managed to escape, barefoot and with just the clothes on her back.

Now, listen to a 1987 cover of the Ronette’s original “Be My Baby” this time featuring Ronnie Spector alongside The E Street Band’s Clarence Clemons, with backing vocals by Belinda Carlisle, originally of the Go-Go’s, and Grace Slick from the Jefferson Airplane. The song was written by Ellie Greenwich, and was a genuine teen anthem in 1963, it was recorded live at The Latin Quarter, NYC, in February, 1987:

RIP Ronnie!

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Saturday Soother – January 8, 2022

The Daily Escape

Hopi Buttes, AZ – January 2022 photo by Jon Ray Doc

January 6 should have been a national day of mourning. The president spoke in the very place that symbolized the attempted coup, the Rotunda of the Capitol. From Biden: (parenthesis by Wrongo)

“We saw with our own eyes: rioters menaced these halls, threatening the life of the Speaker of the House, directing to hang the Vice President of the United States of America. What did we not see? We did not see a former president, (Trump) who had just rallied the mob to attack, sitting in a private dining room off the Oval Office in the White House, watching it all on television and doing nothing for hours as police were assaulted, lives at risk, the national Capitol under siege.”

You can watch his speech here.

But except for a very few, Republicans boycotted Thursday’s 1/6 events. We have to accept that means they support the insurrection and the candidate who mobilized it:

“Top Republicans were nowhere to be found at the Capitol on Thursday as President Biden and members of Congress commemorated the deadliest attack on the building in centuries, reflecting the party’s reluctance to acknowledge the Jan. 6 riot or confront its own role in stoking it.”

Trump won the argument within the Party over his efforts to nullify the election results. McConnell, McCarthy, and their allies abandoned the thought of considering impeaching Trump over January 6. That instead became a rallying cry for Democrats. When the second impeachment went forward, the Republicans closed ranks behind Trump.

Wrongo argued for the second impeachment. With hindsight, that effort has ended any bipartisan effort to get to the truth about who and what caused Jan. 6. Republicans initially supported a commission to investigate it, but soon abandoned even that.

A bit of history: When Hitler attempted his putsch in 1923, he got off with a slap on the wrist thanks to a sympathetic right-wing judge. A decade later he was chancellor. That’s a stark history lesson for AG Merrick Garland.

The attempted putschists who stormed the US Capitol on Jan. 6 are being prosecuted, but it’s the principal organizers who should now be getting the primary attention of law enforcement. Republicans are hoping that Garland will sweep the potential crimes committed by Trump and his organizers, like Bannon, Meadows, and Navarro, under the rug.

We now find ourselves in a place where whatever the Democrats say Republicans did on Jan. 6 is mirrored: Republicans are saying that it’s the Democrats who are doing those exact things. The Republican Party is trying to end anything resembling democracy in America by relying on the claim that the Democratic Party is trying to end anything resembling democracy in America.

This is the ultimate expression of the rule that every accusation made by the Republicans is in fact a confession. From the AP:

“….since that day, separate versions — one factual, one fanciful — have taken hold. The Capitol riot — the violent culmination of a bid to delegitimize the 2020 election and block its certification — has morphed into a partisan ‘Rashomon,’ the classic Japanese film about a slaying told from varying and conflicting points of view.”

Instead of receding into the past, the story of the Capitol riot is yet to be fully written. America needs the DOJ and the House Select Committee to tell the story by criminal referrals.

Leave the history of the event to historians.

We need to take at least a momentary break from thinking and talking about January 6. It’s Saturday and time for our Saturday Soother, and boy, we need one today. It snowed quite a bit in New England on Friday morning, with totals between 3” and 15” depending on location. Once again, Wrongo’s repaired snowblower served as an insurance policy against a heavy snowfall. We got a mere 5”, so Wrongo got to exercise his snow shovel instead.

We’re having a belated Christmas party today. Between Covid and suspected Covid, this is the first time that some of us can occupy the same space. So, before the family descends on the Mansion of Wrong, let’s brew up a strong cup of Conquistador coffee ($18/12 oz.) from San Francisco’s Henry’s House of Coffee.

Now grab a comfy seat by a window, look out on the winter wonderland and listen to the “To Kill A Mockingbird Suite” written by Elmer Bernstein for the 1962 movie. Bernstein was one of the most prolific composers to emerge in Hollywood in the 1950s. It’s played here by the Beethoven Academy Orchestra, in Krakow Poland, with Sara Andon on solo flute:

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Whose Side Are You On?

The Daily Escape:

Capitol Reef NP -December 2021 photo by Jonathan Vandervoorde

Shouldn’t we be on the side of democracy? Georgia’s Democratic Senator Raphael Warnock says yes. He spoke in the Senate on Tuesday, and what he said is consistent with Wrongo’s thinking.

Warnock asked why the Senate could suspend its rules in order to pass an increase in the debt ceiling by a simple majority but couldn’t do the same thing for something as critical to our democracy as voting rights. From Warnock:

“Before we left Washington last week, we in this chamber made a change in the Senate’s rules in order to push forward something that all of us think is important. We set the stage to raise the nation’s debt ceiling, and yet as we cast that vote to begin addressing the debt ceiling, this same chamber is allowing the ceiling of our democracy to crash in around us….Be very clear, last week we changed the rules of the Senate. To address another important issue, the economy. This is a step, a change in the Senate rules we haven’t been willing to take to save our broken democracy, but one that a bipartisan majority of this chamber thought was necessary in order to keep our economy strong.”

The Jan. 6 attempted coup and the many state anti-voting laws passed by Republicans subsequent to that, come from the same poisonous well: A growing anti-democratic movement of fellow travelers including American conservatives, Right-wing extremists, and political entrepreneurs on the Right who have made the Republican Party their political vehicle.

They’re close to winning in the 2022 mid-terms. If the Senate adjourns without acting on voter suppression, it will help them get there. Buzzfeed reports that in some states, Republicans are going door-to-door in order to “check” to make sure there aren’t any illegal voters in your home:

“Individual election deniers and grassroots groups are canvassing for election fraud in states…including New Hampshire, Arizona, Colorado, Michigan, Pennsylvania, Florida, North Carolina, Utah, and Nebraska.”

They’re targeting registered Democrat voters. It’s part of a broader effort by Trump supporters and Republican Party leaders to cast doubt on our elections going forward. In Colorado, a member of the Three Percenter militant group is helping lead the canvassing effort. According to the Colorado Times Recorder, that member suggested volunteers carry firearms to provide security for the group as they went door-to-door.

Let’s call this what it is: Voter intimidation on a multi-state scale. It’s a message that if you are a registered Democrat, the Trump cultists know who you are, and where you live. This intimidation should be illegal, but it’s not.

And it’s another part of the problem that the Senate needs to address right now.

The Democrats have what amounts to less-than-a-majority in the Senate in favor of suspending the filibuster rules for voting rights. In June, Majority Leader Schumer outsourced an effort to garner a filibuster-proof majority on voting rights to Sen. Joe Manchin (D-WVA), but Manchin’s effort failed.

Despite that, Schumer was able to finesse the filibuster to act without Republican votes to increase the debt ceiling. He was also able to corral all Democratic Senators, including Joe Manchin and Krysten Sinema, who are on the record as being against any change in the filibuster rules.

But voting rights, the most fundamental of all Democratic principles, are being sacrificed to the crusty parliamentary rule that these same two Democrats have so far refused to consider. This week, Schumer appointed a group of Democratic senators, who lead the talks on voting rights legislation, to spearhead discussions with Joe Manchin about how to change the Senate rules. They met with Manchin on Tuesday.

It’s time for Sen. Schumer to wrestle Manchin and Sinema to the ground, and make them vote to suspend the filibuster rules a second time.

Barton Gellman, who wrote a recent Atlantic magazine article that Wrongo quoted last week, recently told Terry Gross of NPR:

“This is, I believe, a democratic emergency, and that without very strong and systematic pushback from protectors of democracy, we’re going to lose something that we can’t afford to lose about the way we run elections.”

We’re facing a crisis. Biden and all Democrats have to make this a “whose side are you on?” issue for Washington politicians and for voters everywhere.

Warnock has a powerful message. He’s the one Democrat willing to speak about the elephant in the room. Watch his speech:

 

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Sunday Cartoon Blogging – December 12, 2021

Despite saying that there wouldn’t be Sunday cartoons, it turned out that Wrongo found some free time to put them together. Let’s start by learning more about January 6. Hugo Lowell, Congressional reporter for the Guardian, found some disturbing news:

The Guardian reports that the PowerPoint was presented on January 4 to a number of Republican senators and members of Congress. Apparently the pitch is 36 slides that lay out a road map for the Jan. 6 attempted coup. Seems like the House Select Committee now has it literally in writing that senior advisors to Trump plotted to declare a bogus national emergency in order to cancel a national election, and possibly, seize the government by force.

Only time will tell given our unwavering commitment to adhering to due process, whether justice for the coup plotters will prevail. On to cartoons.

It didn’t end on January 6:

Maybe it’s time for Dems to shelve Build Back Better and concentrate on voting rights:

Democracy needs a booster:

The GOP Magi arrive bearing gifts:

Imagine if vasectomies were mandated:

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Rehabilitating Our Democracy

The Daily Escape:

Christmas lights, New Milford Green, New Milford CT – December 2021 photo by Tom Allen. New Milford was founded in 1709.

James Fallows writes a column called “Breaking the News”. His most recent article looks at the growing mismatch between the formal structure of the US government (two Senators per state and the House ceiling of 435 members), and the astonishing population growth in the US since the Constitution was ratified in 1788.

Fallows says the main problem is that modern America is running on antique rules that are too hard to change and too easy to abuse. He sees a Constitutional shift from protecting minority rights, to enabling minority rule, which ultimately means a denial of democracy. A system that is not steered by its majority will not survive as a democracy.

Fallows outlines the changing nature of big vs. small in America. When the Constitution was being negotiated, two issues were big states vs. small states, and slaveholding states vs. non-slave states. At the time, the three most populous original states had around 10 times as many people as the three smallest. That was behind the agreement to the two-Senators-per-state deal. But today, the three most populous states—California, Texas, and Florida—have about 45 times the population of the three least populous, Wyoming, Vermont, and Alaska.

Second, the ceiling on the size of the House of Representatives must change. Fallows observes that when the country was founded, there were 65 members of the House. For the next century-plus, the size of the House increased after the Census, following changes in the US population. Just before World War I, the number was capped at its current level of 435. Today, the US population is about 90 times larger than it was in 1788, but the House is just 7 times as large.

Today there’s a bias against the needs of urban and suburban populations. There’s also a distinct small-state bias in the Electoral College. Each state’s representation in the Electoral College votes equals it’s number of Senate and House representatives. As House membership expanded through the 1800s from 65 to 435, House seats became relatively more important in Electoral College totals, and Senate seats relatively less so. From Fallows:

“To spell it out, in the first presidential election, Electoral Votes based on Senate seats made up nearly 30% of the Electoral College total. By 1912, the first election after House size was frozen, they made up only 18%.”

If the House were expanded, then the Electoral College outcome would more closely track the national popular vote.

Jill Lepore writing in the New Yorker, says that the US Constitution was the first national constitution that provided for its own revision. Article V is the amendment clause. The founders knew that the Constitution was imperfect; Article V left a Constitutional means for making it “more perfect.” Without an amendment provision, the only way to change the rules is to overthrow the government.

But it’s extremely difficult to amend our Constitution. Lepore says:

“The US Constitution has been rewritten three times: in 1791, with the ratification of the Bill of Rights, the first ten amendments; after the Civil War, with the ratification of the Reconstruction Amendments; and during the Progressive Era, with the ratification of the Sixteenth, Seventeenth, Eighteenth, and Nineteenth Amendments.”

She points out that by contrast:

“…American state constitutions have been amended over 7,500 times, amounting on average to 150 amendments per state.”

While state governments freely change, the US Constitution doesn’t. America’s older, but not necessarily wiser.

We could approve the National Popular Vote Interstate Compact. It would guarantee the presidency to the candidate who receives the most popular votes. The Electoral College has 535 votes, with 270 needed to win the presidency. In 2020, had 21,461 Biden voters actually switched to Trump, Trump would have won the Electoral College with 270 votes, despite Biden winning nationally by 7 million votes. Each of those 21,461 Biden votes (5,229 in Arizona, 5,890 in Georgia, and 10,342 in Wisconsin) were 329 times more important than the other 7 million votes.

The Compact would end the “winner-take-all” laws in the 48 of 50 states. If passed, the Compact would award their electoral votes in proportion to the votes the candidate receives. Article II gives the states exclusive control over the choice of method of awarding their electoral votes, so they can reform the system if they choose. The Compact would go into effect when enacted by states comprising at least 270 electoral votes.

Time to wake up America! Our current ineffective federal government must change. Otherwise, democracy is doomed.

To help you wake up, watch “Peace Train”, the 1971 anthem of hope and unity written by Yusuf/Cat Stevens, performed here by Playing for Change. This version features Keb’ Mo’ playing in CA, along with Yusuf playing in Istanbul, Rhiannon Giddens in Ireland, along with musicians from 12 countries:

This song is more relevant than ever.

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Freedom to Vote Act is Worth a Filibuster Exemption

The Daily Escape:

Indian Neck Beach, Wellfleet MA – October 2021 photo by Marilyn Cook

It’s been a little over a month since Wrongo wrote that the next 30 days would be make-or-break for the right to vote and for democracy itself. Well, times up. There haven’t been any votes on Sen. Manchin’s Freedom to Vote Act, or on Biden’s social policy and infrastructure bills that the Democrats continue to try to build consensus on.

Charles M. Blow in the NYT alerts us that the voting rights bill is supposed to be taken up today:

“Senator Chuck Schumer, the majority leader, has indicated that he plans to schedule a vote for Wednesday to open debate on a new voting rights bill, the Freedom to Vote Act.”

Blow went on to say:

“This is a once in a generation moment, one pivotal to the very survival of the country as we know it.”

Indeed, without it, it’s unclear what the way forward will be for our democracy.

The bill is a compromise worked out by Sens. Manchin (D-WVA) and Klobachar (D-MN). It would set national standards for early voting, allow the use of more forms of voter identification, make Election Day a federal holiday and institute measures to counter voter suppression tactics.

In addition, it would force states to give voters the option to register on Election Day and offer safeguards against voter purges. It overhauls portions of the campaign finance system, prohibits partisan gerrymandering, and prevents the politicized removal of election officials.

The bill is unlikely to get the 60 votes needed to pass. Even assuming all 50 Democrats agree, it will need support from 10 Republicans to overcome a certain Republican filibuster. That seems unlikely to happen. BTW, the last time the voting rights act was up for renewal, it passed 98-0.

We’re probably looking a two failures: Sen. Manchin will probably fail to find the necessary 10 Republican votes, and then, the bill will fail to go to an up or down vote.

The real questions are whether Manchin and Schumer will then try to carve out an exception to the filibuster rules allowing for a simple majority to pass legislation that effects voting rights, and whether Sen. Kyrsten Sinema (D-AZ) will agree to support the exception. That’s what pro-democracy advocates are hoping to see.

Since it’s no secret that Democrats need Manchin’s and Sinema’s votes to get anything done, their frustration with both Senators is understandable. Wrongo gave money to Sinema’s Senatorial campaign, and he hopes that it wasn’t in vain.

Senate Minority Leader Mitch McConnell (R-KY) has called the Dems voting reform effort “a solution in search of a problem,” driven by “coordinated lies about commonsense election laws that various states have passed.” But the Brennan Center notes that since January, “19 states have enacted 33 laws that will make it harder for Americans to vote.”

Does McConnell think these are examples of “commonsense election laws”?

When Trump runs again in 2024, unchecked voter suppression will give him a better chance of winning than he had last time. And Blow rightly points out that if the Republicans happened to be in the position the Democrats are in now, they wouldn’t bat an eye at eliminating the filibuster if it helped them further suppress voting on the federal level.

A final message from Blow:

“For Democrats, this voting rights bill is a top priority, but from now until something is passed, it should be the only priority…. But even if you have glistening infrastructure in a fascist state, you are still in a fascist state. If you get two years of community college free in a fascist state, you are still in a fascist state. If more people get broadband access, more people will be able to search for what it means to live in a fascist state.”

Without this bill, our democracy is in real peril. A few months ago, Schumer said he would pass voting rights by any means necessary, echoing Malcolm X.

Let’s see if he has what it takes to win in a divided Senate.

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