Editorials

Even after felons pay their dues to society and leave prison, America sidelines them from the public square. Parolees and probationers are often perceived as undeserving of citizen benefits, and they have little power to assert their rights. Not only do governments often deny felons public resources such as Food Stamps, subsidized college loans, public housing and professional opportunities like licenses and contracts, it is also common for U.S. states to deny former prisoners the right to vote and otherwise exercise full and free citizenship. Felon disenfranchisement is the rule rather than the exception. Some 35 U.S. states deny voting rights when felons leave prison, restoring the right to vote only after the completion of terms of parole and probation. Effective lifetime disqualification prevails in a few states like Florida, Iowa, Kentucky and Virginia — where the right to vote can be restored for felons only on a case-by-case basis involving individual appeals leading to gubernatorial pardons. But felon disenfranchisement is not going unchallenged. Reform pushes are widespread — and a 2006 victory in Rhode Island offers room for optimism that full citizenship rights may, over time, be restored to former prisoners.

Editorials: Can National Popular Vote end the voting wars? | Rob Richie/Reuters

One of the most pernicious outcomes of the intense political struggle between Democrats and Republicans is the parties’ breathtaking capacity to game our voting rules. Nothing makes voters more cynical than seeing political leaders seemingly supporting or opposing election laws based solely on their partisan impact — from redistricting reform to fights over whether to allow early voting. But a reform win in New York could foreshadow a cease-fire in the voting wars. On April 15, Governor Andrew Cuomo signed legislation making New York the 10th state to pass the National Popular Vote (NPV) interstate compact for president. Overwhelming majorities of both Republicans and Democrats approved the bill, which seeks to guarantee election of the presidential candidate who wins the most popular votes in all 50 states and the District of Columbia. We don’t need a constitutional amendment to achieve this goal. The Constitution gives each state power over how to allocate its electoral votes and the ability to enter into binding interstate compacts. The Founding Fathers gave states freedom to structure how to select the president — and national popular vote embodies that tradition.

Editorials: Alabama ballot barriers too tough | Montgomery Advertiser

Most Alabama voters won’t see anything other than Republicans and Democrats on their ballots in the November general election. That’s because it’s hard — unjustly hard — for anyone else to get on the ballot in our state, thanks to the restrictive ballot access law the Legislature has refused to change. Lawmakers have had many opportunities to amend the law to something more reasonable that still protects the integrity of the ballot, but a bill to do that failed in this year’s session, just as similar measures have languished in past sessions. Independent candidates face serious barriers to the ballot here. Under current law, an independent candidate trying to run for a statewide office must collect signatures of registered voters — lots of them. The candidate must present to the secretary of state petitions bearing such signatures totaling at least 3 percent of the number of votes cast for governor in the previous general election.

Editorials: McCutcheon and the New Banana Republic | Norm Ornstein/The Atlantic

Many analysts have written a lot about the decision, with a natural focus on its direct implications for campaigns. Those are huge and important. But they are, I believe, overshadowed by the impact of the decision on corruption in America. Here, Rick Hasen and Dahlia Lithwick, two of the best legal analysts in the country, have weighed in, and I want to add my weight. Some have suggested that McCutcheon was not a terribly consequential decision—that it did not really end individual-contribution limits, that it was a minor adjustment post-Citizens United. Others have said that it may have a silver lining: more money to parties, more of the money disclosed. I disagree on both counts. Justice Stephen Breyer’s penetrating dissent to the decision pointed out the many methods that campaigns, parties, and their lawyers would use to launder huge contributions in ways that would make a mockery of individual limits. Chief Justice John Roberts pooh-poohed them as fanciful. And, of course, they started to emerge the day after the decision. As for disclosure, the huge amounts that will now flow in through political parties will be channeled through joint committees, state and local party committees, and others in complex ways that will make real disclosure immensely difficult, if not impossible.

Editorials: Iraqi elections: all talk, no walk | Al-Monitor

With the launch earlier this month of campaigns for the April 30 parliamentary elections, Iraq is back to debating the fact that none of the political blocs has put forward an electoral program or platform. The blocs, misunderstanding the concept of a political program, have instead reduced them to vague slogans. The Iraqi political forces competing in the elections justify the absence of real programs by asserting that Iraq remains in transition, so there are real differences over the basis of the political process — such as the Constitution, government formation, the decision-making process and the relationship between the central government and the provinces and the regions. They claim that this reality forces them to take positions on these particular issues, rather than presenting political programs. For example, some campaigns are sloganeering on amending the Constitution, while others’ slogans invoke government formation by the political majority, decentralization and the war on terror.

Editorials: John Roberts and the Color of Money | Tom Levenson/The Atlantic

There has been plenty of talk about the Ta-Nehisi Coates-Jonathan Chait argument over the term “black culture” in the context of the ills of poverty and the question of progress as seen through the lens of the actual history of America. A drastically shortened version of Coates’s analysis is that white supremacy—and the imposition of white power on African-American bodies and property—have been utterly interwoven through the history of American democracy, wealth and power from the beginnings of European settlement in North America. The role of the exploitation of African-American lives in the construction of American society and polity did not end in 1865. Rather, through the levers of law, lawless violence, and violence under the color of law, black American aspirations to wealth, access to capital, access to political power, a share in the advances of the social safety net and more have all been denied with greater or less efficiency. There has been change—as Coates noted in a conversation he and I had a couple of years ago, in 1860 white Americans could sell children away from their parents, and in 1865 they could not—and that is a real shift. But such beginnings did not mean that justice was being done nor equity experienced.

Editorials: Let’s Settle This Once and for All: D.C. Statehood Is Constitutional. Period. | Joan Shipps/Huffington Post

On April 16th, D.C.-based voting rights activists plan to meet with Congressional offices to encourage support for D.C. statehood. Statehood advocates are calling on Congress to cosponsor, hold hearings on, and vote for the New Columbia Admission Act — legislation that would grant full citizenship rights to the disenfranchised residents of Washington, D.C. In anticipation of Wednesday’s lobby day on the Hill, I feel compelled to go on record about the constitutionality of statehood for the citizens of D.C. That D.C. statehood is unconstitutional is the single most common misconception I hear when discussing D.C. governance with Congressional staff and opponents of D.C. voting rights generally. So let me be absolutely clear on this issue: Statehood for the residents of D.C. is Constitutional. Now here’s why. The D.C. statehood bill does two things, both of which have precedent without any constitutional amendments.

Editorials: Cheap GOP tactics to undermine voting in Missouri | Kansas City Star

Republicans in the Missouri General Assembly are mounting a two-pronged effort to make voting more difficult for certain citizens, who are most likely to be elderly, low-income, students or minorities. They’re not even subtle about it. On one front, the annual effort to require voters to produce government-issued photo identification at the polls is moving quickly. If the Senate votes in favor, a resolution seeking a constitutional amendment requiring photo identification will be headed for the November ballot. A separate effort, endorsed Wednesday by the House, is a pre-emptive strike against a citizen-initiated ballot proposal to finally get early voting in Missouri. In a show of pettiness, the House budget even deletes $79,900 in funding for a special unit of the secretary of state’s office that investigates allegations of election improprieties. The elections integrity unit is a more effective and less expensive way to ensure that elections work well than a cumbersome voter ID law. Created by Secretary of State Jason Kander, it follows up on complaints and suspected problems. The intent is not only to look out for the slim prospect that an ineligible citizen may try to cast a ballot, but to make sure that the process of voting works well for citizens who are eligible.

Editorials: Algeria votes – but for what? | Los Angeles Times

Though the votes have not yet been counted in Thursday’s presidential election in Algeria, the result is all but decided: President Abdelaziz Bouteflika will win a fourth term. Bouteflika’s long reign is unprecedented (and unconstitutional), and so is the nature of the election. The ailing and frail 77-year-old Bouteflika had not made a single public or televised campaign appearance until this month’s meeting with U.S. Secretary of State John F. Kerry, in which Bouteflika looked more dead than alive. Indeed, one critic, novelist Yasmina Khadra, calls Bouteflika’s government a “zombie regime.” The president — a functionary of the National Liberation Front, the party that has owned Algeria since its independence in 1962 — is entrenched, propped up by generals and an uneasy status quo. The question is, how long will the government manage to impose scripted elections on a population ready for the risks and rewards of an unscripted future?

Editorials: Lost in the Canadian Fair Elections Act fight: The right to vote | Cara Faith Zwibel/The Globe and Mail

A supporter of Stephen Harper’s government has suggested that Elections Canada is in an inherent conflict of interest because of its twin goals of increasing voter turnout and improving the integrity of the system. It is argued that, in light of this conflict, Elections Canada’s concerns about the government’s proposed Fair Elections Act can’t be taken seriously. Does this conflict really exist? Since its introduction in early February, the government’s proposed Fair Elections Act has been widely debated in the pages of our major newspapers, the focus of town hall meetings held across the country by the NDP, and the subject of testimony and heated questioning before a House of Commons Committee. The bill has even been the topic of a pre-study by a Senate Committee, an indication that the government would like to move it forward quickly. One of the most hotly contested parts of the bill would put an end to vouching, a process that allows people without appropriate identification to vote, provided another elector in their polling division is able to vouch for their identity and residence.

Editorials: Voting Rights & Wrongs | Commonweal Magazine

April 16, 2014

President Barack Obama recently joined former presidents George W. Bush, Bill Clinton, and Jimmy Carter at the President Lyndon Baines Johnson Library in Austin, Texas, to commemorate the fiftieth anniversary of the passage of the 1964 Civil Rights Act. It is no exaggeration to say that the Civil Rights Act, and the Voting Rights Act of the following year, were the most transformational political developments of the past century in the United States. It was a difficult, often violent struggle, but in the end what was implicit in the nation’s founding documents finally became explicit in federal law. The Civil Rights Act made it illegal to discriminate on the basis of race, color, religion, sex, or national origin in public accommodations. The Voting Rights Act addressed discrimination in elections, ultimately dismantling a system that had shut African Americans out of voting booths for nearly a hundred years. A few days after his Austin speech the president was in New York City to speak to Rev. Al Sharpton’s National Action Network, and he took that opportunity to remind his audience that the struggle for equal rights never ends and to call attention to a disturbing political development. “The right to vote is threatened today in a way that it has not been since the Voting Rights Act became law,” Obama said. “Across the country, Republicans have led efforts to pass laws making it harder, not easier, for people to vote.” With uncharacteristic severity, Obama has called the effort to restrict voting “un-American.”

Editorials: One Person, One Vote? Maybe One Day | Juliet Lapidos/New York Times

April 16, 2014

President Obama said on Friday that he would make voting rights a priority. But given that Congress can barely get around to naming post offices anymore, D.C.-led progress seems unlikely. There is, however, a plan to make voting more fair—at least in presidential elections—which would require no action from the capital: The National Popular Vote compact. As Eleanor Randolph explained recently, state signatories agree to give their electoral votes to whoever wins the popular vote so long as enough other states, with a combined 270 electoral votes, pledge to do the same.

Editorials: A less bad Fair Elections Act is still not good enough | The Globe and Mail

April 16, 2014

The Conservative government may finally be waking up to the enormity of its own recklessness. With the Fair Elections Act, Democratic Reform Minister Pierre Poilievre wasn’t just taking aim at Canadian democracy. He wasn’t just going to war against evidence and experts. He was taking a gun, loading the magazine, cocking the hammer and pointing it at his own head and the government’s. Finger on the trigger, he’s now wondering if anyone might suggest ways to lessen the chance of injury. The Conservative majority on the Senate Legal and Constitutional Affairs Committee, having barely begun its study of the bill, is already recommending that he remove some of the bullets. Some, but not all. Here’s a better idea, for the country and the Conservative Party: Put the gun down. On Tuesday, the Senate committee’s Conservative majority offered an interim report, containing nine suggested amendments. Their proposals make the bill less bad, which is something. Less bad, but still not good. Is it too much to ask for legislation that leaves our democratic system no worse off, or even makes it better?

Editorials: Why putting photos on Social Security cards won’t save voting rights | Michael Hiltzik/Los Angeles Times

April 15, 2014

A certain William Wachtel, the co-founder of WhyTuesday, an election reform group chaired by former UN Ambassador Andrew Young, wrote me over the weekend to complain that I treated Young harshly by criticizing his proposal to require Social Security to issue photo IDs. I called it “a terrible idea.” Norman Ornstein, a political scientist at the American Enterprise Institute and another co-founder of WhyTuesday, also defended the proposal, which Young mentioned at an event last week marking the 50th anniversary of the Civil Rights Act. Ornstein mounted his defense via Twitter, which only made Young’s idea sound even shallower and more foolish. What these gentlemen failed to do is explain why requiring Social Security to issue photo IDs is not a terrible idea. But since they seem to feel strongly about it–Wachtel even suggested that I owe Young a “public apology”; who knew seasoned diplomats could be so sensitive?–it’s proper for me to reinforce my point. Young’s goal is to undercut efforts by Republicans in many states to discourage voting by enacting laws requiring voters to prove their identities with photo IDs. Since people who lack government-issued IDs are disproportionately minorities and the poor and probably tend to vote Democratic, you’d have to be blind not to see what’s going on here. But as I wrote, Young has the wrong answer. His idea could undermine voting rights even more.

Editorials: Republicans Used to Support Voting Rights—What Happened? | Ari Berman/The Nation

April 15, 2014

During a speech on Friday at the National Action Network, President Obama made his strongest and most extensive comments yet on the topic of voting rights. “The right to vote is threatened today in a way that it has not been since the Voting Rights Act became law nearly five decades ago,” Obama said. “Across the country, Republicans have led efforts to pass laws making it harder, not easier, for people to vote.” The election of the first black president and the resurrection of voter suppression efforts was hardly a coincidence. New voting restrictions took effect in nineteen states from 2011–12. Nine states under GOP control have adopted measures to make it more difficult to vote since 2013. Since the Supreme Court gutted the Voting Rights Act in June 2013, half of the states (eight in total) previously covered under Section 5 have passed or implemented new voting restrictions. … Things weren’t always this way. In his new book about the Civil Rights Act, An Idea Whose Time Has Come, Todd Purdum tells the story of Bill McCulloch, a conservative Republican from Ohio who championed civil rights as the ranking Republican on the House Judiciary Committee. The Politico excerpt from the book was titled “The Republican Who Saved Civil Rights.”

Editorials: Compulsory voting is counter-productive | David Moscrop/Ottawa Citizen

April 15, 2014

Sometimes I catch hell from friends or colleagues for my occasional but deliberate choice to abstain from voting. Their admonitions take the form of a variation on the theme of it being my civic duty to vote: as a political theorist I should know better; men and women fought and died so that I could; those who don’t vote shouldn’t complain, and I complain a lot, so I should show up or clam up. These arguments are easily enough dismissed. When I choose not to vote I have reasons. Often the candidates are weak, but there’s no option to decline my ballot. Sometimes the parties are senseless and none deserves my vote. Other times the outcome of the race has been pre-determined by demographic facts well beyond my control. Always the atrocious and severely-dated first-past-the-post system does a poor job of translating votes into seats. Every few years the idea of compulsory voting — a system in which electors are required by law to cast their ballot and in which those who do not are, strictly speaking, subject to fines or criminal charges or even jail time — creeps into our political discourse. Nearly two-dozen countries have mandatory voting laws on the books, although not all of them enforce the law.

Editorials: Democrats finally make voting rights a top priority | Zachary Roth/MSNBC

April 14, 2014

For years, voting-rights advocates have been quietly urging Democrats and the Obama administration to fully embrace the fight over access to the ballot as a defining civil-rights issue of our day. This was the week when it finally happened. The heightened rhetoric, which came from President Obama and other heavyweights in his party, is the latest sign that voting rights are likely to be a front-burner issue when Americans go to the polls this fall—at least if Democrats have their way. In a speech at the National Action Network convention in New York City Friday afternoon, Obama used his most forceful language yet on the subject to condemn Republican efforts to make voting harder. “The right to vote is threatened today in a way that it has not been since the Voting Rights Act became law nearly five decades ago,” the president said. “Across the country, Republicans have led efforts to pass laws making it harder, not easier, for people to vote.”

Editorials: Has Roberts court placed landmark 1964 civil rights law on a hit list? | CNN

April 14, 2014

It took the assassination of a president, a ferocious legislative battle and a bloodied army of protesters filling the streets of America to get the Civil Rights Act of 1964 passed.
A half-century later, defenders of the landmark law say it faces a new threat: Five votes on the U.S. Supreme Court and an indifferent public. As the nation celebrates the 50th anniversary of the Civil Rights Act, it’s tempting to believe the battle over the law is over. But people are still clashing over it — what it means, how long should it last and whether it discriminates against whites. Now some supporters of the law fear the battle has shifted to new terrain. They warn that the conservative majority on the court, headed by Chief Justice John Roberts Jr., will do to the law what it did last year to the Voting Rights Act — gut the parts that make it work while leaving its façade still standing. “I think Roberts is very smart and takes the long view,” says Kent Greenfield, a columnist and professor at Boston College Law School. “The Roberts court won’t say this law cannot stand.”

Editorials: Why voting rights is the Democrats’ most important project in 2014 | Washington Post

April 11, 2014

Although the Civil Rights Act of 1964 is the main muse of the Civil Rights Summit taking place at the LBJ Presidential Library this week, legislation passed the following year, the Voting Rights Act of 1965, has brought forth many words from the Obama administration this week, many of which can be linked neatly to the 2014 midterms and where the Democratic Party sees itself in the future. His discussion of voting rights is framed by the civil rights movement and the once overwhelming and bipartisan support for expanding voter franchise. He mentions that Strom Thurmond voted to reauthorize the Voting Rights Act in the ’80s, and that the Senate vote to reauthorize the law in 2006 was 98-0. Sen. Johnny Isakson (R-Ga.) said before that vote, “As we reflect on the true wrongs that existed in the 1950s and 1960s and where those wrongs may have taken place, we owe it to history . . . to pay tribute to those who took the law and made it a reality.” Last year, the Supreme Court struck down Section 4 of the Voting Rights Act, which means states with a history of discrimination that once needed preclearance for redistricting no longer require special attention from the Justice Department, unless Congress passes an amended Section 4, an unlikely prospect given the current congressional class. Many state legislatures reacted by passing legislation that often makes it harder to vote. There are new voter-ID laws, and early voting and same-day registration have been sanded away in many states. The conservative argument for these laws is that they help prevent voter fraud. Democrats respond that it also prevents their base from voting.

Editorials: The Supreme Court Gutted the Voting Rights Act. What Happened Next in These 8 States Will Not Shock You. | Mother Jones

April 9, 2014

When the Supreme Court ruled 5-4 to overturn a key section of the Voting Rights Act last June, Justice Ruth Ginsburg warned that getting rid of the measure was like “throwing away your umbrella in a rainstorm because you are not getting wet.” The 1965 law required that lawmakers in states with a history of discriminating against minority voters get federal permission before changing voting rules. Now that the Supreme Court has invalidated this requirement, GOP lawmakers across the United States are running buck wild with new voting restrictions. Before the Shelby County v. Holder decision came down on June 25, Section 5 of the Voting Rights Act required federal review of new voting rules in 15 states, most of them in the South. (In a few of these states, only specific counties or townships were covered.) Chief Justice John Roberts voted to gut the Voting Rights Act on the basis that “our country has changed,” and that blanket federal protection wasn’t needed to stop discrimination. But the country hasn’t changed as much as he may think.

Editorials: Opening the political money chutes | Richard Hasen/Reuters

The headline about a new Supreme Court opinion rarely tells the whole story. Rather, the detailed reasoning of the ruling often reveals whether a decision is a blockbuster or a dud. When the court writes broadly, it can eventually remake entire industries, government practices or areas of the law. Lawyers and lower courts scrutinize an opinion’s every line and footnote, pouring over the legal reasoning and noting subtle changes from the court’s earlier decisions in the same area. This is why it is fair to call last week’s Supreme Court ruling in the campaign finance case McCutcheon v. Federal Election Commission a blockbuster case. In McCutcheon, the court struck down limits on the total amount that an individual could give to federal candidates, parties and certain political committees in an election cycle. The ruling is itself significant, and will channel a great deal of money into the hands of party leaders — opening up new ways for big donors to buy access to elected officials. But just as significant is the court’s reasoning — which could well lead to courts striking down what remain of campaign finance limits, including limits on contributions to individual members of Congress. We could be on our way to politicians accepting multimillion-dollar contributions from a single donor.

Editorials: Roberts Court: Easier to donate, harder to vote | Elizabeth B. Wydra/Reuters

Chief Justice John Roberts’ first sentence of his majority opinion in McCutcheon v. Federal Elections Commission, striking down important limits on campaign contributions, declares “There is no right more basic in our democracy than the right to participate in electing our political leaders.” A look at the Roberts Court’s record, however, shows that this may not be its guiding principle. Through a series of rulings, the court’s conservative majority’s rulings have instead made it easier for big-money donors to influence elections — while making it harder for many Americans to use the only political influence they have: their vote. The court has done handsprings to accommodate claims that laws burdening donors’ ability to spend money in elections are unconstitutional. In Citizens United, for example, the court decided to schedule re-argument during a special court session — something very rare in the Supreme Court — to consider whether to strike down campaign finance restrictions on corporate expenditures as unconstitutional. (Which the court ultimately did.). The plaintiff in that case hadn’t even pressed such a radical argument, until the court explicitly invited it to do so.

Editorials: Supreme Oligarchy | E.J. Dionne Jr./The Washington Post

An oligarchy, Webster’s dictionary tells us, is “a form of government in which the ruling power belongs to a few persons.” It’s a shame that the Republican majority on the Supreme Court doesn’t know the difference between an oligarchy and a democratic republic. Yes, I said “the Republican majority,” violating a nicety based on the pretense that when people reach the high court, they forget their party allegiance. We need to stop peddling this fiction. On cases involving the right of Americans to vote and the ability of a very small number of very rich people to exercise unlimited influence on the political process, Chief Justice John G. Roberts Jr. and his four allies always side with the wealthy, the powerful and the forces that would advance the political party that put them on the court. The ideological overreach that is wrecking our politics is now also wrecking our jurisprudence. The court’s latest ruling in McCutcheon et al. v. Federal Election Commission should not be seen in isolation. (The “et al.,” by the way, refers to the Republican National Committee.) It is yet another act of judicial usurpation by five justices who treat the elected branches of our government with contempt and precedent as meaningless.

Editorials: Mega-Donors Are Now More Important Than Most Politicians | Peter Beinart/The Atlantic