The Supreme Court's Assault on Democracy, Correspondence of Stuart Acuff and Norman Markowitz

 

 

 

via Stewart Acuff's blog


Subject: The Supreme Court Takes Another Shot At American Democracy--mon blog


Sounding like Roger Taney, the Chief Justice of the Supreme Court which rendered the Dred Scott decision leading inexorably to the Civil War, Chief Justice John Roberts cited the 10th Amendment to the Constitution in the court's decision to cut the heart out of the 1965 Voting Rights Act.

Last week the Supreme Court inspite of now years of states trying to suppress the vote, disenfranchise People of Color and our Elders and young people, used the 10th Amendment also known as states' rights to effectively destroy the 1965 Voting Rights Act which was enacted after years of struggle, beatings, arrests, lynchings, murders, and mass protests  to make certain that states could no longer use poll taxes, literacy tests, and intimidation to prevent People of Color from voting.

The struggle for the right to vote for African-Americans took 90 years from the end of Reconstruction to 1965. In one decision this anti-democratic, anti-American, anti-Black, anti-worker, anti-middle class, pro-oligarch Supreme Court embraced the notorious states rights doctrine to say all that struggle and pain and death--John Lewis' beating at the Edmund Pettus Bridge in Selma, Viola Liuzza's murder on Highway 80, James Meredith's death by a back-shooting from the Klan at his house, the lynching of Mississippi Freedom Summer organizers Chaney, Schwerner and Goodman, and the tens of thousands of indignities suffered by African-Americans no longer matter. And so Voting Rights is gone in America.
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Norman Markowitz <markowit.markowitz@gmail.com>
10:14 AM (1 hour ago)
 
to acuff.stewart, Socialist, John
I share Stuart's outrage completely.  This must not  simply be left to become a blip in the news.

So many people, Black and White, gave their energies and some their lives to  end the brutal racist dictatorship(because that was what the one party poll tax segregated South was from the of reconstruction to the end of "legal" segregation and disenfranchisement. 
 And it didn't happen all at once, either. It happened in stages and in the 1880s and 1890s.
 A Supreme Court dominated by corporate lawyers and politicians subservient to the Trusts(as they were called at the time), invalidated the Civil Rights laws passed after the Civil War, negated the 14th amendment as it applied to the former slaves(and it was drafted specifically for them as everyone knew), 
 To  add insult to injury  the Supreme Court then applied the 14th amendment protections to corporations, declaring them to be "persons"(the fourteenth amendment used the term "persons" for the four million former slaves, since the thirteenth amendment declared they were no longer slaves, but they were not yet citizens)
The Supreme Court then completed the injury in Plessy v. Ferguson, declaring a Louisiana segregation law to be constitutional on the states rights doctrine, but adding the provision of "separate but equal" to get around the equal protection guarentees of the fourteenth amendment  and for  that matter the whole bill of rights

Those courts robbed the American people of the advances in democratic rights that they had won through the Civil 
War in the 1860s decades after the war was over and continued to attack the democratic rights of the America
 people until the New Deal government began to change the composition of the Supreme Court and the federal judiciary generally during the depression, changes which began to be undermined first by Nixon and then more 
extensively by Reagan and the two Bush presidents.  

This decision attacks the democratic rights won by the American people in the Voting Rights of 1965 directly.  It 
strengthens the reactionaries who have launched both public and private voter suppression campaigns, aimed primarily at African-American working class people, but also at Latinos  and others in selected districts through the country who are seen as voters against Right Republican and "conservative" candidates.

  Here, specifically, the Court is pulling a new Plessy v. Ferguson to "tolerate" public voter suppression directly in Southern states which today are the most important political base for the Republican Right, in Texas, where the growing Latino population constitutes a threat to the Republican right, and indirectly  through the country.  

We have got to fight this decision as the early Republican party fought the Dred Scott Decision, as progressives fought the anti-labor and anti-social welfare decisions of the Supreme Court until the New Deal government. 

 No one can reasonably expect President Obama, who would not be president if  the Voting Rights Act of 1965 had not been enacted and  sustained over the decades, to do what Franklin Roosevelt did in 1937--attempt to expand the membership of the court in order to defeat the rightwing majority.  Roosevelt's tactic failed but it did frighten a few Justices into upholding Social Security the NLRB, minimun wages, and the forty hour week, by 5-4 votes, whereas previously they would have declared all of that legislation unconstitutional. 
 A sustained campaign by the President and all mass organizations, reflected in Congress, might in the short run have a similar effect on the Justice Kennedy on this Court and also set the stage for reversing the trends of the last three decades, which President Obama has, in his judicial appointments already challenged much more extensively than the Clinton administration did in the 1990s.

What Congress can do and must do is rewrite these provisions of the Voting Rights Act to invalidate the  Supreme Court's decision--which they of course have the right to do and all small d democrats must struggle to see that they do.  It is unlikely that this will happen with this Congress, but defeating the Republicans in 2014 will make it much more likely.  In 1858, the then 2 years old Republican party ran against the Dred Scott decision and won a majority in Congress(that was one of many reasons, including most of all an economic depression and a sharp political backlash against the pro slaveholder policies of the Buchanan administration in the Kansas territory). 

 Also, beginning to demand reform of the federal judiciary so as to challenge both in principle and policy the Reagan-Bush president courts and  elect presidents and congresses which will replace them so that they cannot hang orund to undermine progressive initiatives for decades to come should be what we are advancing today and in the near 
future
Norman Markowitz

 

I had planned to write for the blog on  the Supreme Court's decision undermining the Voting Rights Act of 1965 but this excellent commentary by Stuart Acuff, posted on Socialist Economics, really hit summed up the despicable nature of what the court has done.  I responded with a lengthy historical analysis and Stuart then responded with a point that I agree with totally.  This is an issue that we must advance and advance now. 

Norman Markowitz

As an ugly postscript to this decision, Strom Thurmond, in 1968, offered to support Richard Nixon at the Republican convention over Ronald Reagan, successor to Barry Goldwater as the leader of the Republican right, if Nixon pledged to do what he could to block the renewal of the voting rights act, which Nixon did promise(fortunately, Tricky Dick doublecrossed Strom on that one).  If there is an afterlife or something like it, which I don't believe of course, the spirits of Tricky Dick and Stom would be very happy with the Court's decision, although Essie Mae Washington Williams, the child whom Thurmond fathered with an African-American servant in the late 1920s and who only revealed this sordid story after his death(she was seventy eight at the time and she passed away recentlly at the age of 87) would  look at the decision differently

via Stewart Acuff's blog


Subject: The Supreme Court Takes Another Shot At American Democracy--mon blog


Sounding like Roger Taney, the Chief Justice of the Supreme Court which rendered the Dred Scott decision leading inexorably to the Civil War, Chief Justice John Roberts cited the 10th Amendment to the Constitution in the court's decision to cut the heart out of the 1965 Voting Rights Act.

Last week the Supreme Court inspite of now years of states trying to suppress the vote, disenfranchise People of Color and our Elders and young people, used the 10th Amendment also known as states' rights to effectively destroy the 1965 Voting Rights Act which was enacted after years of struggle, beatings, arrests, lynchings, murders, and mass protests  to make certain that states could no longer use poll taxes, literacy tests, and intimidation to prevent People of Color from voting.

The struggle for the right to vote for African-Americans took 90 years from the end of Reconstruction to 1965. In one decision this anti-democratic, anti-American, anti-Black, anti-worker, anti-middle class, pro-oligarch Supreme Court embraced the notorious states rights doctrine to say all that struggle and pain and death--John Lewis' beating at the Edmund Pettus Bridge in Selma, Viola Liuzza's murder on Highway 80, James Meredith's death by a back-shooting from the Klan at his house, the lynching of Mississippi Freedom Summer organizers Chaney, Schwerner and Goodman, and the tens of thousands of indignities suffered by African-Americans no longer matter. And so Voting Rights is gone in America.
Sent via BlackBerry by AT&T

Norman Markowitz <markowit.markowitz@gmail.com>
10:14 AM (2 hours ago)
 
to acuff.stewart, Socialist, John
I share Stuart's outrage completely.  This must not  simply be left to become a blip in the news.

So many people, Black and White, gave their energies and some their lives to  end the brutal racist dictatorship(because that was what the one party poll tax segregated South was from the of reconstruction to the end of "legal" segregation and disenfranchisement. 
 And it didn't happen all at once, either. It happened in stages and in the 1880s and 1890s.
 A Supreme Court dominated by corporate lawyers and politicians subservient to the Trusts(as they were called at the time), invalidated the Civil Rights laws passed after the Civil War, negated the 14th amendment as it applied to the former slaves(and it was drafted specifically for them as everyone knew), 
 To  add insult to injury  the Supreme Court then applied the 14th amendment protections to corporations, declaring them to be "persons"(the fourteenth amendment used the term "persons" for the four million former slaves, since the thirteenth amendment declared they were no longer slaves, but they were not yet citizens)
The Supreme Court then completed the injury in Plessy v. Ferguson, declaring a Louisiana segregation law to be constitutional on the states rights doctrine, but adding the provision of "separate but equal" to get around the equal protection guarentees of the fourteenth amendment  and for  that matter the whole bill of rights

Those courts robbed the American people of the advances in democratic rights that they had won through the Civil 
War in the 1860s decades after the war was over and continued to attack the democratic rights of the America
 people until the New Deal government began to change the composition of the Supreme Court and the federal judiciary generally during the depression, changes which began to be undermined first by Nixon and then more 
extensively by Reagan and the two Bush presidents.  

This decision attacks the democratic rights won by the American people in the Voting Rights of 1965 directly.  It 
strengthens the reactionaries who have launched both public and private voter suppression campaigns, aimed primarily at African-American working class people, but also at Latinos  and others in selected districts through the country who are seen as voters against Right Republican and "conservative" candidates.

  Here, specifically, the Court is pulling a new Plessy v. Ferguson to "tolerate" public voter suppression directly in Southern states which today are the most important political base for the Republican Right, in Texas, where the growing Latino population constitutes a threat to the Republican right, and indirectly  through the country.  

We have got to fight this decision as the early Republican party fought the Dred Scott Decision, as progressives fought the anti-labor and anti-social welfare decisions of the Supreme Court until the New Deal government. 

 No one can reasonably expect President Obama, who would not be president if  the Voting Rights Act of 1965 had not been enacted and  sustained over the decades, to do what Franklin Roosevelt did in 1937--attempt to expand the membership of the court in order to defeat the rightwing majority.  Roosevelt's tactic failed but it did frighten a few Justices into upholding Social Security the NLRB, minimun wages, and the forty hour week, by 5-4 votes, whereas previously they would have declared all of that legislation unconstitutional. 
 A sustained campaign by the President and all mass organizations, reflected in Congress, might in the short run have a similar effect on the Justice Kennedy on this Court and also set the stage for reversing the trends of the last three decades, which President Obama has, in his judicial appointments already challenged much more extensively than the Clinton administration did in the 1990s.

What Congress can do and must do is rewrite these provisions of the Voting Rights Act to invalidate the  Supreme Court's decision--which they of course have the right to do and all small d democrats must struggle to see that they do.  It is unlikely that this will happen with this Congress, but defeating the Republicans in 2014 will make it much more likely.  In 1858, the then 2 years old Republican party ran against the Dred Scott decision and won a majority in Congress(that was one of many reasons, including most of all an economic depression and a sharp political backlash against the pro slaveholder policies of the Buchanan administration in the Kansas territory). 

 Also, beginning to demand reform of the federal judiciary so as to challenge both in principle and policy the Reagan-Bush president courts and  elect presidents and congresses which will replace them so that they cannot hang orund to undermine progressive initiatives for decades to come should be what we are advancing today and in the near 
future
Norman Markowitz

acuff.stewart@gmail.com
11:01 AM (1 hour ago)
 
to me, Socialist, John
Thanks very much, Brother Norman. One very concrete place to ramp up the education and mobilization across the country is a coordinated and very strong reaction to the voter suppression tactics states will soon begin to enact. That will make the campaign and the issue real, concrete, local, and close to the ground--all necessary but not guaranteed elements of social movement--or mass movement. stewart
Sent via B

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  • Thanks for yours Norman Markowitz-agreeing fully with the no option of guerilla warfare expressed-as Frederic Douglass did then-and agreeing also on the South's repression and sucession in response, points well taken.
    There were, however, positive responses to and from John Brown's Raid, which could not be ignored then or now:

    1. The questioning of the wisdom and viability of the
    institution of slavery BECAUSE of rebellions and
    insurrections(which the grandfather of our American
    Revolution, Benjamin Franklin, consistenly cited,
    historically)
    2. The massive campaign to save John Brown's life,
    once captured; petition campaigns from Maryland,
    Massachusetts, New York, Pennsylvania, and even
    Canada
    3. The political and social organization of support from
    African Americans and others, even Frederic
    Douglass, helped to collect funds for
    the Raid, but later refused to take arms against
    Virginia(the great Harriet Tubman would probably
    have fought at the Raid, had she not been ill)
    4. Finally, W. E. B. Du Bois calls Brown's campaigns
    the start of the Civil War, with the War's colossal
    General Strike, and victory for anti-slavery,
    maybe we can give Brown much credit for this
    victory, even in his capture at the arsenal-did not
    Osborne Andersen escape to fight in the Civil War?
    "John Brown's body lies molding in the
    grave, but his soul goes marching on"

    Posted by E.E.W. Clay, 07/01/2013 2:46pm (11 years ago)

  • once more e.e clay adds to the discussion on this really grotesque decision. John Wojcik's PW article also deserves mention, since it really was the best article done on the subject.
    Roberts we should always remember is a former member of the Federalist Society, the powerful reactionary lawyers organization which for decades has been committed to destroying the progressive school of jurisprudence in the U.S., taking the country not only back before the New Deal(which they state openly) but back before Brandeis and Holmes. And from Reagan on, when Republicans have controlled the presidency, they have been a kind of employment agency, placing their members in the federal judiciary. Fortunately, Obama is not Buchanan, a supporter of these forces, as Bush was. We need many John Brown's in terms of militancy and coverage, although John Brown's specific policy, attempting to launch a guerrilla war against the slaveholders, isn't an option today. It failed as a tactic then, although it did, ironically, lead the slaveholders to more extreme repression and secession which played a huge role in their eventual destruction
    Norman Markowitz

    Posted by norman markowitz, 06/29/2013 11:22am (11 years ago)

  • Right on- to both Stuart Acuff and Norman Markowitz.
    Commenting on the also fine article in People'sWorld by John Wojcik,(Supreme Court Guts Voting Rights Act, June 25) the present writer named virtually all southern states,(along with some mid-western states, note the exception of Florida) states in which the sitting president Obama lost in 2012 as states which will continue to need preclearance(prior approval by the Justice Department of changes in election law) from the federal government if they institute changes in voting procedure .
    Many of these states, have abhorent, late records of de facto and dejure voting suppression and denial with nefarious attempts to limit the legal rights of immigrants. The legal community, for example, attorney Justin Hansford who worked for Thurgood Marshall's NAACP Legal Defense Fund in 2006, wrote in the June 27 2013 issue of the The St. Louis American Newspaper of his unearthing mounds of evidence to testify for the reauthorization of the Voting Rights Act. The U. S. Senate passed the reauthorization act by a vote of 98 to 0, then in 2006.
    The record compiled by Justin Hansford and NAACP colleauges, resounded by this 98-0 Senate vote, exposes the lie of Bush appointed Chief Justice Roberts that the Voting Rights Act is based on "..40yr old facts having no relation to the present day,"in the majority opinion on Shelby County v. Holder.
    Attorney Hansford, assistant professor of law at St. Louis University School of Law, goes on to quote dissenting Justice Ginsberg-"Throwing out preclearance when it has worked and is continuing to work to stop descriminatory changes is like throwing away your umbella in a rainstorm because you are not getting wet."
    This spurious and injurious decision of the court threatens to tear the social, economic and physical substance of our country to shreads-the way the Dred Scott decision did, along with, as professor Markowitz points out, president Buchanan's slaveowners in Kansas(which it took a John Brown to help beat back).
    We should all set out to organize with the tenacity of John Brown- to check the modern day slavery of this attack by the Supreme Court majority to cast us back to the before president the Franklin D. Roosevelt New Deal days, those days of Jim Crow, KKK and monopoly trusts.

    Posted by E.E.W. Clay, 06/28/2013 3:41pm (11 years ago)

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