Tag: American Civil Liberties Union (ACLU)

Who Are You?

 

Today a United States District Court judge in New York struck down an attempt by the Commerce Department, which oversees the Census Bureau, to add a citizenship question to the 2020 census questionnaire. Judge Jess Furman cited the 1946 Administrative Procedure Act (APA) in ruling against Commerce Department head Wilbur Ross, who proposed adding the citizenship question on specious grounds. The APA allows judicial review of a rules change by a federal government agency when a lawsuit is brought by an aggrieved party or party, in this case the New York Immigration Council (NYIC) and the American Civil Liberties Union (ACLU), among others. In other words, the APA gives citizens an avenue to check federal agencies directly, without waiting on Congress, so that agencies can’t change their rules willy nilly based on political whims.

 

2010 US Census Minority Popu Perc County
2010 census percentage change in minority population by county, showing an increase in typically Democratic voters in areas that have been Republican strongholds, such as the Southeast and the Mountain West. Illustration by U.S. Census Bureau.

The specious grounds the current presidential administration was using to add the citizenship question involved a far-fetched cover story about getting information to better enable the Justice Department to enforce the 1965 Voting Rights Act, when in practice the question was intended to intimidate mostly Hispanic illegal immigrants and possibly other minorities into not responding to the census questionnaire. Like state voter suppression laws, the census citizenship question could be used as a cudgel by Republicans to beat back the tide of typical Democratic voters and supporters. Illegal immigrants can’t vote, but counting their numbers usually benefits Democratic congressional districts when it comes to apportioning seats in Congress and the distribution of federal funds.

 

The history of the census in the United States is rife with political intrigue going back to the first one in 1790, when the big question involved counting of slaves. Like Hispanic illegal immigrants today, African forced immigrants in the first century of the republic could not vote, but counting their numbers was still vital for the reasons stated above. Once they could vote, after Emancipation, Southern conservatives did all in their power to ensure they could not exercise their right freely by enacting Jim Crow laws and practices to hinder them, often with threats of violence either implicit or explicit.

2010 US Census Percent Change in Hispanic Population by County
2010 census percentage change in Hispanic population by county, showing the widespread nature of the increase. Illustration by U.S. Census Bureau.

Southern white conservatives were Democrats then, in the late nineteenth century and up to the middle of the twentieth century, but shifts in national policy such as the 1965 Voting Rights Act changed that, flipping conservative Southern Democrats over to the Republican Party, where they remain today. In the meantime, African-Americans, attracted by manufacturing jobs in the North that paid better wages than agricultural labor in the South, moved away in great numbers during World War I, a mass migration which had the effect of relieving pressure on what had been the white minority in many congressional districts in the South.

2010 census reapportionment
Reapportionment of Congressional seats as determined by results of the 2010 census. State legislatures use these results to redraw districts, sometimes in grievous examples of partisan gerrymandering. Illustration by the U.S. Census Bureau.

 

Now the Republican, conservative, white population in areas around the country besides the South feels threatened by impending minority status for themselves brought on by the increasing numbers of Hispanic immigrants, legal and otherwise, and by their relatively high birthrates. Thus far their have been no serious proposals for forced sterilization of Hispanics, as their had been for black people one hundred years ago. Instead the tactics of conservative white Republicans, no longer limited to the Old South, but spread around the country, consist of a citizenship question on the census questionnaire designed to drive illegal immigrants further into hiding, and since the immigrants often end up supporting Democrats even if they cannot vote, the intimidation would have the effect of depriving Democrats of additional seats in Congress and federal funds based on population alone. Once the new citizens are able to vote, Republicans have a bevy of voter suppression tactics ready to challenge them. Jim Crow just keeps popping up in new guises, cawing at the poor and unfortunate “Who are you? Who are you?”
— Vita

 

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A Prediction

 

With this year’s midterm election three weeks away and an enormous amount at stake regarding what sort of country voters want to live in, it’s a safe prediction that turnout will be higher than usual, perhaps at a record level. Midterm elections have historically drawn out only about 40 percent of eligible voters, compared to about 60 percent in presidential election years. There are so many cultural issues at stake in this first national election since 2016 that people are more likely than ever to turn out at the polls despite the relatively good economy, which ordinarily would be a reason for complacency and low turnout.

High voter turnout typically favors Democratic candidates, and that should hold true this year as well, but turnout by Republican voters should be high as well on account of the fires being stoked by their leader in the Oval Office, the Divider-in-Chief. In rally after rally and through draconian policy actions meant to provoke an outraged and, in his view, pearl-clutching response from the opposition, the Republican Party’s national leader inflames his base with culture war issues distorted and amplified through their partisan media outlet, Fox News. Ramming Supreme Court nominee Brett Kavanaugh through the relatively wet noodle opposition on the Senate Judiciary Committee served the Divider-in-Chief’s purposes admirably, giving him and his base a win in the culture wars against liberals. Whether Mr. Kavanaugh’s service on the Court will improve the rule of law in this country, or even respect it, is besides the point as far as they are concerned.


Map of US Voter ID Laws by State, Strict vs Non-Strict, Nov 2016
Map of Voter ID laws in the United States, Strict vs Non-Strict (November 2016).

Red ——– Photo ID required (Strict)
Orange —- Photo ID requested (Non-strict)
Dark Blue – Non-photo ID required (Strict)
Light Blue – Non-photo ID requested (Non-strict)
Gray ——- No ID required to vote
This map may not be up to date. Check with your local registrar if you are unsure. Map by Peterljr888.

 

With the Republicans fired up and their unofficial paramilitary offshoots among white supremacist organizations feeling emboldened by Supreme Leader and by the police, it’s also a fair prediction that voter intimidation efforts at the polls by those groups will be higher than ever this year. Supreme Leader has signaled numerous times to the lunatic fringe of the alt-right that he has their backs, and the police have done the same by standing by passively while white supremacist groups have rioted and dealt violence to counter protesters, most prominently in Charlottesville, Virginia, in August 2017, and again recently at altercations in Portland, Oregon, and in New York City.

If voters are intimidated at polling places this year by over zealous followers of Supreme Leader, it is perhaps not advisable to rely on reporting the matter to local police employees. It is probably better to follow the guidelines of the American Civil Liberties Union (ACLU) and call the Election Protection Hotline at 866-OUR-VOTE, or the Department of Justice Voting Rights Hotline at 800-253-3931. The ACLU also advises contacting an attorney, but as that can add up to a lot of expense, it helps to realize the Election Protection Hotline is run by the Lawyers’ Committee for Civil Rights Under Law and can help with legal questions pro bono. Now that everyone in the country has had two years to observe where the Divider-in-Chief and his cohort want to take the country, to unsavory places where the rule of law is not respected and where only the rich benefit from the nation’s wealth, it has never been more clear how much voting can make a difference in the sort of country we claim to be than in this year’s midterm election. Vote!
— Ed.

 

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It Ain’t Heavy

 

In the first of two presidential campaign debates in 1988, when Vice President George H.W. Bush referred to his opponent, Democratic Massachusetts Governor Michael Dukakis, as a “card-carrying member of the ACLU” (American Civil Liberties Union), he was actually citing Governor Dukakis’s own words from his speeches during the Democratic primaries, when he wanted to appeal to the left wing of the party. Governor Dukakis’s choice of words were unfortunate for him given the connotations of the phrase “card-carrying member” ever since the red-baiting days of the early 1950s Joseph McCarthy era, and the Bush campaign probably couldn’t believe their luck in that Governor Dukakis handed them such a juicy gift with which to smear him.

 

They knew and counted on the reality that most of the public do not delve deeply into the true meaning of things, and instead are all too eager to fall back lazily on shorthand terms. Conservative independents, to the extent they understood at all what the ACLU was about, had only to hear that the organization had the words “civil liberties” and “union” in it, and that Governor Dukakis was a “card-carrying member” of it, to jump to the conclusion that the man from Massachusetts with the foreign sounding name was practically a Communist, resulting in their bolting toward Vice President Bush. Governor Dukakis spent the rest of the campaign explaining himself regarding that and other blunders, and once he went on the defensive the campaign was over. Ever since then, mainstream Democrats have been careful to define themselves as Republicans Lite, rather than being card-carrying members of any organization other than Corporate America.

YDS-NewLogo
A logo designed in 2010 by Sean Monahan for a wing of the Democratic Socialists of America. Since 2016, about 24,000 people have joined the DSA, most of them under age 35.


A public service announcement from the ACLU in reaction to the use in 1988 by the Bush campaign of the phrase “card-carrying member” as a smear tactic. Interesting to note the mentions of the ACLU defending Oliver North.

In good news for people who would still like to work within the Democratic Party but who see it as hopelessly beholden to corporations while cynically throwing identity politics bones to the left wing in order to appease them, candidates for local and state offices around the country who are endorsed by the Democratic Socialists of America (DSA) are having success in elections since 2016. The DSA is not a political party. It is an activist movement within and sometimes without the Democratic Party, and it endorses candidates who push its policy goals such as a $15 an hour minimum wage and getting the corrupting influence of corporate money out of politics. Michael Harrington founded the DSA in 1982, and the organization had not seen much success until the past two years, when Vermont Senator Bernie Sanders openly avowed socialist principles in his presidential campaign, for many people doing away with the stigma of socialism that Governor Dukakis had tried to wipe off himself in 1988.

Most of the people inspired to become members of the DSA by Senator Sanders’s example, even though he himself had never joined, were not yet born in 1988 when the Bush campaign found it incredibly easy and profitable to brand Governor Dukakis an extreme leftist and make it stick with the public. For these downwardly mobile Millennials, some of them highly educated and many of them underemployed, the myth of capitalism raising all boats is for suckers. These were the people who formed the core of the Occupy movement in 2011, and when the establishment in the Democratic Party pushed everyone to accept their Republican Lite candidate, Hillary Clinton, while using subterfuge to undermine Senator Sanders’s candidacy, leading ultimately to the debacle of the general election, some of these same politically active young Democrats turned to the DSA to work to change the Democratic Party from the grass roots on up.

As the 2018 mid-term elections approach, Cenk Uygur delivers an astute analysis of the Democratic Party establishment from a perspective to the left of the mainstream. As always in keeping a wary eye on politics and politicians, it is good advice to follow the money.

The national Democratic Party establishment is too compromised and seduced by corporate money to listen to what working class and middle class people in places like western Pennsylvania are concerned about, the same people who essentially cast protest votes for Orange Julius in 2016, as ill-advised as that may have been. The Democratic establishment will try to make the 2018 midterm elections a referendum on Orange Julius, and to a certain extent they should, but what they are missing in their tone deafness to the needs of Americans in places like western Pennsylvania and Flint, Michigan, and the dairy farms of Wisconsin, is the desire of citizens there to see Democrats demonstrating real intentions to implement policies once they are in office that will improve the lives of the majority, instead of just big money corporate donors. The national Democratic Party establishment is hopelessly out of touch with those citizens. Card-carrying DSA members, working with local and state candidates, understand positive change will only come by listening to and serving citizens directly, and ignoring the cumbersome Democratic Party establishment, which is interested only in perpetuating itself by offering the easy way out by criticizing the current president’s disastrous administration, and in replacing his corporate water carriers with their own.
— Ed.

 

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Watching Out for Number One

 

After numerous high profile cases of questionable use of deadly force by the police in the past few years, the cry has gone up from the public and from politicians for more widespread use of police body cameras to augment the already prevalent use of dashboard cameras in police cars. The technology does not present a difficulty since data storage capacities have skyrocketed and battery strength in a compact device has increased enough to allow recording over an eight hour shift. The difficulty is with how human beings implement the technology and whether the technology will improve how police interact with citizens.

 

There is evidence that when police wear body cameras the incidences of police violence and abuse of authority declines. That is, the incidences decline when a rigorous protocol for the use of the body cameras is instituted and enforced by civil authorities and police management. In some places, the police have body cameras but their use is left too much up to individual officers, and that naturally leads to the officers recording only the encounters that they calculate will make them look good. A lax protocol like that amounts to none at all. The American Civil Liberties Union has put out an excellent article detailing the best ways to deploy police body cameras and the drawbacks their use may entail.
Barney Miller cast 1974
1974 cast photo from the television series Barney Miller. Clockwise from left: Ron Glass (Ron Harris), Jack Soo (Nick Yemana), Hal Linden (Barney Miller), Max Gail (“Wojo” Wojciehowicz), Abe Vigoda (Phil Fish) (back toward camera). The show took place in the fictional 12th Precinct in Greenwich Village, New York City. Over the years since its initial airing in the 1970s, police have praised the show as a more realistic portrayal of day to day police work than many higher octane TV shows and movies.

 

It’s not surprising that police behave better when they know they’re being watched. The question is why they bear watching. Certainly police work isn’t like warehouse work; police work is often stressful, with the ever present possibility of a dangerous encounter, and by its nature the work involves dealing with other people every day in an environment that can be hostile. That’s the job they volunteered to do. No one drafted them. The fact that it’s not relatively placid like warehouse work is therefore no excuse for police officers acting like dangerous loose cannons when the going gets tough, and definitely not when they feel like going off on someone for some piddling reason that they will later claim “made them fear for their life”. As the saying goes, you knew the job was dangerous when you took it.

 

Fort Apache Police Precinct, 2007
The former 41st Precinct Station House at 1086 Simpson Street in Foxhurst, The Bronx, New York, in the summer of 2007. The building was formerly known as “Fort Apache” due to the severe crime problem in the South Bronx; photo by Bigtimepeace.

The real problem is lack of accountability for officers who behave criminally, and a police culture that from academy training onward instills an “Us vs. Them” mentality. Body cameras are all well and good, and as a purely technological answer to the problem they are excellent, providing privacy issues for both the officers and the public are addressed. But body cameras will take the solution only halfway, if that. Until the public demands that criminal police officers face the kind of punitive and fiscal penalties everyone else in society must face, we’ll continue to see the same violent, bullying behavior from some cops. Paid administrative leave (a paid vacation for being a jerk!) and penalizing the taxpayers with a fine is not going to do it. How could anyone in their right mind, excepting a police union boss, expect otherwise?

The matter of police culture is harder to address. It starts with training and continues with taking away all the militaristic toys police departments have acquired in the past forty years, and most of that in the past twenty. No, you are not a soldier on garrison duty in a hostile foreign country. You are a police officer – a peace officer, if you will – at home amongst your fellow citizens, friends, and neighbors, vile as some of them may seem to your law abiding heart. Playing dress up in GI Joe gear with full body armor and intimidating your fellow citizens with armored personnel carriers and other cool stuff should not be part of the job description. Changing that macho police culture won’t happen, however, until the public stops living in fear of every little thing, handing over far too much authority, money, and blind obedience to a group of men and women meant to be our servants and not our masters, some of whom unfortunately respond to the situation by puffing themselves up with arrogance and steroids, looking and acting like goons any sensible person would run away from, rather than the friendly cop on the beat, a fellow citizen instead of an overseer.
― Techly

 

 

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