AN ECHO, NOT A CHOICE

Faced with the the real possibility of a rejection of the Central American Free Trade Agreement (CAFTA) in the House, which would mark a significant defeat for George Bush and for the already-cracking “Washington Consensus” on free trade, the Democratic Leadership Council has stepped up to bat in CAFTA’s defense. As David Sirota writes:

As if the DLC is just an arm of the Bush White House, the organization timed this release perfectly to coincide with Bush’s final push for the legislation, as if they are just an arm of the Bush White House. Despite the DLC’s pathetic, transparent rhetoric about wanting to “bring a spirit of radical pragmatism” to the debate, what the DLC is showing is that it is an organization devoted to urging Democrats to sell their souls to the highest bidder. That may sell well with the DLC’s corporate funders in Washington, D.C., but out here in the heartland, that kind of gutless behavior only hurts the Democratic Party over the long run.

Sirota drew some fire from DLC folks after the election for a piece he wrote arguing that the version of “centrism” they promote is well to the right of the average American and thus not only morally but also electorally bankrupt. I’m even less interested now than I was then in trying to evaluate the claims and counter-claims which flew in the wake of the article about which politicians, or talking points have or haven’t gotten gotten the DLC’s approval at what times. As I said at the time, if the DLC wants on board with Elliot Spitzer’s prosecutions of CEOs or Howard Dean’s condemnations of GOP corruption, the more the merrier. We need all hands on deck, and the work is too important to let historical differences avert cooperation where there’s consensus.

About those historical differences though: There’s a constellation of consultants who see class-conscious economic populism as roughly equivalent to racism, see “big government” as a menace to be tamed by technocrats irregardless of the will of the governed, and see the salvation of the Democratic party in policies which fulfill CEOs’ wishlists in the name of liberating their employees. And they have exerted massive, and unfortunate, influence over the direction of the Democratic party over the two decades since their founding, particularly the eight years of the Clinton Presidency. At least for those years, the major proponents of that “business-friendly,” “free-trading” ideological position with the Democratic party, as they themselves would tell you, were the Democratic Leadership Council as an organization and its affiliated thinkers. As Thomas Frank in What’s the Matter With Kansas?, Thomas Geoghegan in Which Side Are You On?, and even self-described “radical centrist” Michael Lind in Up From Conservatism (on DLC: “an echo, not a choice”) demonstrate, the consequences included ceding the support of all too many working class voters and the control of the US Congress.

I’d be the first to acknowledge that there’s a tendency amongst some of us on the left to throw around the term “DLC” liberally (so to speak) in reference to an ideological position we disagree with rather than to the organization itself, at times even in describing policies the DLC, as an existent think tank and not a symbolic construction, may not fully support (they were indeed in favor of weakening class action lawsuits, but I’m still waiting to know what they make of Bush’s bankruptcy bill). I’d like nothing more than to be convinced never to use the acronym that way again – it’s not hard to come up with other epithets for Democrats who vote for Corporate America’s interests over everyone else’s. But there’s a reason that so many of us associate the DLC, judiciously or not, with corporate courtship and not with, say, crusades against corruption. It’s epitomized, sadly, by the choice to come out swinging for a trade agreement even “dogmatic free trader” Matt Yglesias recognizes as “an effort to impose low labor standards and a misguided intellectual property regime on Central American nations.”

LET’S REVIEW

In the wake of a vicious terror attack on American soil, the President of the United States, citing dubious intelligence “fixed around the policy,” led this country into a destructive and unjustified war war which has left Americans less safe than before.

When a US diplomat publicly disputed an intelligence claim later retracted by the White House itself, someone working for the President of the United States broke the law by leaking his wife’s identity as a covert operative to a reporter, blowing her cover in retaliation for her husband’s criticism.

Two years ago, the White House Spokesman told reporters that whoever made the leak would be fired, and that Karl Rove, now Deputy Chief of Staff, was “not involved in this.”

Yesterday, after revelations that Rove was a source for the story, and his lawyer’s weak defense that Rove didn’t mention Plame “by name” (Joseph Wilson only has one wife), the White House announced that it would refuse to answer any questions about the scandal, indefinitely, “as part of cooperating fully with the investigation.”

Among the journalists’ questions McClellan declined to answer yesterday:

Does the President stand by his pledge to fire anyone involved in the leak of a name of a CIA operative?

Do you stand by your remarks from that podium, or not?

When did they ask you to stop commenting on it, Scott? Can you peg down a date?

Can you walk us through why, given the fact that Rove’s lawyer has spoken publicly about this, it is inconsistent with the investigation, that it compromises the investigation to talk about the involvement of Karl Rove, the Deputy Chief of Staff?

Does the President continue to have confidence in Mr. Rove?

Has there been any change or is there a plan for Mr. Rove’s portfolio to be altered in any way?

I presume that the prosecutor did not ask you not to take action, and that if he did, you still would not necessarily abide by that; that the President is free to respond to news reports, regardless of whether there’s an investigation or not. So are you saying that he’s not going to do anything about this until the investigation is fully over and done with?

Who is Karl Rove as it relates to this current administration?

Now, are you concerned that in not setting the record straight today that this could undermine the credibility of the other things you say from the podium?

Scott, at this point, are we to consider what you’ve said previously, when you were talking about this, that you’re still standing by that, or are those all inoperative at this point?

When the leak investigation is concluded, does the President believe it might be important for his credibility, the credibility of the White House, to release all the information voluntarily that was submitted as part of the investigation, so the American public could see what the — what transpired inside the White House at the time?

Scott, was it — who in the investigation made this request of the White House not to comment further about the investigation?

Yes, in your dealings with the special counsel, have you consulted a personal attorney?

These are questions we all deserve to have answered.

THE LOCHNER LITMUS TEST

Finally made it into the Philadelphia Airport late last night, after several hours delayed in George Herbert Walker Bush Airport in Texas, a real monument to small government if ever there was one. It was long enough to read a good chunk of Ed Klein’s anti-Clinton screed, and yes, it’s as bad as they say, and certainly libelous – though I’m not convinced that should be illegal. And it was a chance to watch the same couple minute CNN piece on O’Connor’s resignation several times.

Not being a Democratic Senator, I have the freedom to go off message and say that O’Connor’s resignation is unfortunate not because she was the linchpin in some sort of divine cosmic balance on the court that’s best for the country, but simply because her replacement will almost certainly be even more conservative than her, and conservative jurisprudence is bad for our country. Of course, if she herself didn’t want that to happen, she shouldn’t have presided over the theft of the 2000 election.

As for who comes next, my sense is that the Alberto Gonzales trial balloon is a red herring. It wins Bush credit from some moderates and Latinos for having an ostensibly moderate Latino on the “short list,” and when he goes with a Janice Rogers Brown instead, he’ll win that much more credit from right-wing extremists for having “listened” to their concerns about Gonzales.

The good news is that there are still five votes on the Court for upholding Roe (Casey was 5-4, but since then Justice Ginsberg replaced Justice White, who was one of the four), though not Steinberg v. Carnhart, which the federal late-term abortion ban seems to have navigated around anyway. That said, support for the right to autonomy in intimate spaces and decisions long recognized by the court is absolutely a standard for just jurisprudence.

At least as important as support for Roe in the coming controversy, though, should be opposition to Lochner, the court’s atrocious 1905 decision overturning New York’s minimum wage statute on the grounds that the absolute right of contract including a “right to work” for poverty wages. Lochner was overturned in West Coast Hotel, which rightly upheld the power of the people, through the legislature, to foster justice in the face of collective action problems and asymetrical bargaining relationships by enforcing universal labor standards.

Since Justice Black’s dissent in Griswold, opponents of privacy rights have made the perversely labelled the cases protecting them as “Lochner”-like, ignoring the differences between legislation regulating the relationship between employers, employees, and consumers, one which is by definition public, and legislation which regulates the private choices of individuals. Much as Footnote IV in Carolene Products suggests that judicial review is more justified when exercised to protect the rights of “discrete and insular minorities” who face more obstacles in protecting themselves in the legislative process, legislation itself is that much more justified when it achieves collective ends a majority of individuals might prefer but be unable to enact individually due to collective action problems. The law wrongfully overturned in Lochner achieved majority support despite employer opposition because most workers preferred to work less than 60 hours a week but could not unilaterally refuse to work more without threatening their livelihood. It is far less credible to argue that the legislation barring contraceptive use rightfully overturned in Griswold solved a collective action problem shared by a majority of couples who did not want to use contraception themselves but were somehow unable to decide for themselves not to use them. This illustrates the distinction between private and public interaction, and why privacy rights, which protect the former from the kind of regulation appropriate for the latter, preserve personal freedom, while the absolute “right to work” suggested in Lochner diminishes it.

While Justice Black makes equivalence between Lochner’s invocation of substantive due process and that in Justice White’s concurrence, the relationship between the fourteenth amendment and absolute laissez-faire contract rights is far more tenuous than the relationship between the Bill of Rights and privacy. The laissez-faire hostility to so-called “class legislation” was also explicitly rejected as constitutional law by the people through the sixteenth amendment, which in imposing an income tax recognizes the right and responsibility of government to pursue economic justice and equal opportunity through law. The American people, whose prosperity has been fostered and protected by many of those laws, deserve a new Supreme Court Justice who recognizes that right and that responsibility as well.

This is what we’ve been reduced to? Osama bin Laden cares what happens in Iraq, and so those of us who aren’t fans of Osama bin Laden should support the continuation of the same broken policy? If Bush is going to quote bin Laden as the man best suited to explain why we should stay in Iraq, he could at least offer the whole quote:

I now address my speech to the whole of the Islamic nation: Listen and understand. The issue is big and the misfortune is momentous. The most important and serious issue today for the whole world is this Third World War, which the Crusader-Zionist coalition began against the Islamic nation. It is raging in the land of the two rivers. The world’s millstone and pillar is in Baghdad, the capital of the caliphate. The whole world is watching this war and the two adversaries; the Islamic nation, on the one hand, and the United States and its allies on the other. It is either victory and glory or misery and humiliation. The nation today has a very rare opportunity to come out of the subservience and enslavement to the West and to smash the chains with which the Crusaders have fettered it.

Shouldn’t be a surprise, even to the folks in the Pentagon and the think tanks who planned this war, that Osama bin Laden sees it as a fantastic opportunity to divide the world between Muslims and non-Muslims and recruit more jihadists. The question is why we gave it to him. And to answer by quoting bin Laden, with the implication that the world, or at least the American political scene is divided between backers of Bush and backers of bin Laden, only compounds the outrageousness.

The right has been heaping outrage on Senator Durbin for saying this Tuesday night about an FBI account of torture at Guantanamo Bay:

If I read this to you and did not tell you that it was an FBI agent describing what Americans had done to prisoners in their control, you would most certainly believe this must have been done by Nazis, Soviets in their gulags, or some mad regime – Pol Pot or others – that had no concern for human beings. Sadly, this is not the case. This was the action of Americans in the treatment of their prisoners. It is not too late. I hope we will learn from history. I hope we will change course. The President could declare the United States will apply the Geneva Conventions to the war on terrorism. He could declare, as he should that the United States will not, under any circumstances, subject any detainee to torture, or cruel, inhuman, or degrading treatment.

It’s a shame that President Bush, Senator Frist, and the Right-Wing Blogospheric Noise Machine can’t summon the same level of outrage they’ve mustered over Durbin’s comments over the account he read in the paragraph before – or the countless others like it:

On a couple of occasions, I entered interview rooms to find a detainee chained hand and foot in a fetal position to the floor, with no chair, food, or water. Most times they urinated or defecated on themselves, and had been left there for 18-24 hours or more. On one occasion, the air conditioning had been turned down so far and the temperature was so cold in the room, that the barefooted detainee was shaking with cold…On another occasion, the [air conditioner] had been turned off, making the temperature in the unventilated room well over 100 degrees. The detainee was almost unconscious on the floor, with a pile of hair next to him. He had apparently been literally pulling his hair out throughout the night. On another occasion, not only was the temperature unbearably hot, but extremely loud rap music was being played in the room, and had been ssince the day before, with the detainee chained hand and foot in the fetal position on the tile floor.

You won’t find that paragraph, unfortunately, in the news accounts of the latest from the GOP’s manufactured outrage machine. And don’t hold your breath for a word from Bush or Frist this week to condemn the use of starving and freezing as interrogation techniques.

Instead, they’re accusing Senator Durbin of comparing all of America’s servicemen and servicewomen to Nazis, a charge as willfully inaccurate as Frist’s claim that Durbin called Guanatanamo a “death camp” (that’s what happens when you get all of your news from the (Washington Times). While Durbin’s phrasing is awkward, his plain meaning is clearly not that America is a Nazi state but rather that torture is a practice which better befits an oppressive regime than the United States. Leaving people restrained without water in oppressive heat to defecate on themselves, Durbin reminds us, is a violation of the values of this country. The obvious question, then, for Durbin’s critics is this: Do you see leaving people restrained without water in oppressive heat to defecate on themselves as as expression of the values of this country. Only a truly perverse definition of patriotism would demand, when we see unamerican crimes perpetrated under the American flag, that we change our values as a country to justify our behavior rather than the other way around. There’s no need to mention Nazis in order to make this point. But there’s no justification for reading it as a smear of the US as Nazi Germany or men and women in the service as Nazis.

The latter – the accusation that Durbin attacked Americans in the military – is even more insidious than the accusation that he attacked America itself. The implication is that anyone who criticizes a policy military personnel carry out is expressing scorn, distrust, or murderous rage towards every American in the service (this is analagous to the strategy Thomas Frank documents in One Market Under God of dismissing criticisms of business as expressions of elitism towards the American consumer). It’s a strategy we saw in the Presidential debates, as Bush implied that criticism of our Iraq policy showed a lack of faith in our troops in Iraq. It’s a strikingly tendentious rhetorical move and a pox on a discourse we desperately need to be having as a nation.

Most of all, pretending to hear criticism of the policy as an attack on the troops is a show of incredible cowardice. Faced with much-deserved rhetorical volleys, George Bush is essentially dragging American soldiers in front of him as an unwitting buffer between himself and the rest of the American people. In this rhetorical draft, American soldiers are called to act as a symbolic first line of defense against justified outrage over the administration. Never mind the number of those soldiers and their families who share that outrage, or who have no interest in being drafted -voiceless – into ideological warfare on behalf of the chickenhawks and policies which lead to needless death. Critics of torture and critics of war are taking on our leaders, not our troops. That those leaders, rather than defending their choices, make a show of rising to defend the honor of the troops just shows how little shame they have.

A letter I sent a few days ago:

To the Editor:

I was disappointed to see the Times Magazine (“The Believer,” May 22, 2005) repeat the long-discredited claim that my state’s late Governor Bob Casey “was barred from speaking at the 1992 Democratic National Convention because of his antiabortion views.” As reported nine years ago in The New Republic, whose editors oppose the Roe v. Wade decision, Casey Sr. was not offered a chance to speak at the convention nominating Bill Clinton because he had refused to endorse Bill Clinton. For Democrats to put Casey on the program in 1992 would have made no more sense than for Republicans to include Senator Lincoln Chafee, who refused to endorse George W. Bush for re-election, among the slew of ostensible “moderates” in the spotlight at their convention last year. Democrats who oppose a woman’s fundamental right to choose – including the party’s Senate Leader – are all too prominent, not only in the party’s speaking programs, but in its leadership. And contrary to the myth unfortunately revived this week in the New York Times, the party should be faulted not for alleged hostility to anti-choice voters but for its too-frequent willingness to compromise key values rather than finding more effective ways of making the case for them to those Americans we have not yet persuaded. The party leadership has unfortunately repeated this mistake by throwing its full weight behind the anti-choice Bob Casey Jr. in his Senate primary against Chuck Pennacchio, an inspired progressive better poised to offer Pennsylvanians a real alternative to the radical right-wing record of Rick Santorum.

So it turns out to be a compromise on judges after all. Hard to know just how to read it, given that with freedom for Democrats to filibuster under “extraordinary circumstances” and for Republicans to nuke if “continuing commitments made in this agreement” are abridged, all it resolves for good is that Janice Rogers Brown, William Pryer, and Priscilla Owen will soon be Circuit Court Judges and William Myers and Henry Saad won’t be. But given that the Democrats’ position on this has, for better or worse (you can guess where I come down on that one), all along been one of extreme willingness to compromise (“We gave you the judge who thinks men should dominate their wives, but do you really need the one who thinks God has veto power over the constitution”), almost any compromise would have been a political victory for the Democrats. Not as big a victory as the one I suspect we could have had tomorrow (in part because I trust John McCain’s political instincts more than, say, Joe Lieberman’s). As compromises go, the word a few days ago was that the major sticking point was GOP resistance to language like this:

We believe that, under Article II, Section 2, of the United States Constitution, the word “Advice” speaks to consultation between the Senate and the President with regard to the use of the President’s power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration.

So the Dems at least got something out of the negotiations. Today we saw a few Republican Senators buck the Senate leadership and the Senate buck the unilateral impulses of the White House. That counts for something. And the reason it happened is because public opinion has turned rather sharply against the Bush team and their exercise of their ostensible mandate. That’s a trend which should have implications which last much longer than this agreement. But only if the Democrats capitalize on it with a robust and aggressive vision. I’d say cutting this deal was a poor move, but those saying that the party had been taking a firm and principled stand which it undercut tonight forget that when it comes to steadfast refusal to let through extremist unqualified judges, the ship had sailed on that one – and driving it were Randians, theocrats, and Randian-theocrats who have now safely arrived in a court near you. The Democrats’ repreated invocation of outrageous nominees they’d let though, rather than making them seem eminently reasonable, just made them look sort of silly.

Speaking of the future, anyone who still thinks John McCain – in whose office the compromise was apparently signed – isn’t running for President has another think coming. Same goes for anyone arguing that he does whatever’s right regardless of politics. As for Bill Frist, I’m sure he’ll do well on the lecture circuit. Or at least, he has a better shot at it than at a serious run for the GOP nomination. Good news for him: washed up right-wing speakers, unlike sitting Senators, aren’t expected to go into inner cities where they have to worry about being stabbed to death by children of color with pencils. Now, back to spanish conjugations for me.

Tuesday night several groups at Yale sponsored an excellent debate between the Reverends Barry Lynn (of Americans United for Separation of Church and State) and Jim Wallis (of Sojourners Magazine) on the role of faith in public life. They’re both thoughtful and articulate speakers with a stake in a more progressive turn for this country.

Wallis is frustratingly off-base in his support for President Bush’s Faith-Based Initiatives as an opportunity to be seized by a religious left. The issue, as I’ve said before and as Lynn argued, is not whether religiously-identified groups are eligible for government support when they provide social services but whether they will be subject to the same regulations as everyone else when they are. Lynn quoted troubling comments from Wallis conflating denying funding to groups because they hold a certain faith with denying funding to those groups because they discriminate in hiring against those who don’t. And Lynn rightfully questioned Wallis’ attempt in writing to dichotomize racial and religious discrimination, pointing out that for some of the groups in question one identitiy is mapped onto the other – and that right-wing churches led by the likes of Pat Robertson haven’t been rejected for “preaching hate” like the Nation of Islam has. Wallis, to his credit, expressed unspecified concerns with the implementation of the initiatives, but declined the engage the issue of discrimination and instead expressed hope that the Supreme Court would sort it out.

My sympathies were more divided between the Reverends on the other issue which consumed much of the debate: What is the place of religious rhetoric in political discourse? I share Rev. Lynn’s concern that the halls of Congress not be overtaken with arguments over the details of scriptural interpretation. He’s right to argue that in a pluralistic, democratic society votes should be cast, and should be explained, based on popular rather than divine authority, and on the basis of shared rather than sectarian values. He’s right to observe that while religious rhetoric infused the Civil Rights Movement through and through, when members of Congress cast their votes in 1964, they explained them through appeal in large part to the values of equal protection set forth in our common law. And he’s right to reject Wallis’ tenedency to reduce “values” to religion and to reduce the political spectrum to religious right versus religious left.

That said, I think few of us disagree with Rev. Wallis’ contention that it’s long past time that the religious left disrupted what he calls the monologue of the religious right. And I’m not persuaded by the bright lines Lynn seeks to draw between the discourse in the halls of Congress, in the church, on opinion pages, at rallies, and on Meet the Press. Certainly, an advocate assumes a different voice than a representative, speaking on different grounds and to a different audience. But Wallis is right that there should be a place for our elected representatives to speak to their personal faith convictions as well as to our shared democratic ideals. He’s right that for Lynn to bristle categorically at any instance of biblical references by elected politicians does little to further the cause of religious freedom.

One audience member asked Rev. Lynn why he was comfortable with Senators quoting from “anything else in Bartlett’s Quotations,” but not the Bible, and in response Lynn made an illuminating distinction between a quote to persuade – invoked because the quote itself makes a persuasive argument for whatever is being advocated – and a quote on the basis of authority, which is invoked to bring down the authority of whoever said the quote in the first place as an argument in and of itself for what’s being advocated. Lynn’s belief is that Bible quotes are always brought in not to share creative persuasive arguments but to shut down argument by virtue of biblical authority. I’m not so sure. It may be complicated to distinguish between appeals to a biblical argument and invocation of biblical authority, but I think it’s critical that we do. I think it’s similarly critical that we distinguish between those who invoke their particularistic faith values as ends unto themselves, and those who offer them as a personal path to our shared faith in community, in individual freedom, and in social justice.

No real surprises in tonight’s press conference. That Bush saw the need to have it at all demonstrates what must be a growing sense that public opinion is only further solidifying against this administration on each of its major domestic policy initiatives. Still not much of a social security plan. Un-conservative as means testing may sound, ultimately it’s an approach to fray the social contract by transforming social security in the public mind from a universal compact into a payoff to the poor. The next step, a generation from now, is capitalizing on that image to further assault the program. Meanwhile, makes sense that Bush set himself up as the good cop on the “filibuster against people of faith” line, although he can’t really distance himself from that nasty line without actually, well, distancing himself from it. Interesting to see him say that his energy bill won’t help for a decade.

Guest-blogging over at Ezra Klein’s site (mazal tov!), Dan Munz is suggesting the possibility of a Mfume v. Steele Maryland Senate race as a chance for Democrats to take on and shoot down the GOP argument that Democrats take Black voters for granted. I think Dan’s absolutely right that a concerted, rigorous response from the Democrats is long overdue. I’d say part of the problem, though, is that the Democratic party establishment does indeed take Black voters for granted, in much the same way it takes most chunks of the party’s base – union voters for example – for granted, and in a way the GOP simply doesn’t treat it’s own base. Wherever one comes down on the Katha Pollitt vs. Thomas Frank debate on whether or not evangelicals who vote Republican to erode reproductive choice get their money’s worth, the Republican party makes a serious, year-in and year-out campaign of selling itself to its base while the Democratic party more often treats its base like the weird uncle who always shows up drunk to Thanksgiving (the pundits who complain about how short-sighted the NAACP is for wanting Democrats to swing by when the NRA doesn’t ask the same of Republicans might spend their energies better considering why the parties’ records might leave NAACP members with more concerns about how loyal the candidates they vote for will be).

Granted, President Bush’s appeal to Black voters to better defend their interests by spreading their votes more evenly is pure condescending silliness (I’d like to see him apply the same logic to, say, Enron executives: “As long as you all keep voting for us, what incentive do we have to keep giving you those invisible handjobs?”). More fundamentally, of course, the problem with Bush’s case is the idea that Democrats brazenly push forward with liberal policies they know are bad for their Black constituents. The reality, unfortunately, is that Democrats tend not to do nearly enough brazenly pushing forward with much of anything. The problem isn’t that the Democrats are too far left; the problem (I know I know, I’m the guy with the hammer, and look – it’s another nail!) is that the Democrats are failing Black constituents, as well as White ones, by not offering a program or an approach that’s progressive enough. The Republicans are hard at work rolling back the gains of the Civil Rights Movement, while the Democrats, even when they had branches of government of work from, have shown precious little initiative in extending them. Republican national candidates have mastered the art of the coded appeal to racist voters, while Democratic candidates remain anxious about looking like they’re trying too hard to attract Black voters (or, god forbid, “dependent” on them).

What might an aggressive Civil Rights agenda look like? An aggressive push for comprehensive voting reform, including a constitutional individual right to vote, uniform standards for ballot access and machinery, paper trails, and abolition of felon voter disenfranchisement. An aggressive push to transform the crimminal justice system into one which takes seriously the equal protection rights of Americans of different races and classes and which rehabilitates rather than stigmatizing those who pass through it. An aggressive push for drastically increased investment in education at all levels. An aggressive push to raise the minimum wage and strengthen the right to organize. An aggressive push to strengthen anti-discrimination legislation. An aggressive push for universal health care. An aggressive push for real affordable housing. That would be a start. Some of these areas have attained greater prominence in the Democratic party’s agenda of late, to a lot of people’s credit; others are still waiting. As Dr. King observed not long before death, the reforms that will achieve real progress in Civil Rights will cost billions. All of these reforms are changes in which Americans of all races have a stake, and which could be achieved such that the great majority of Americans would benefit. And this summer in Florida, I had infinitely more conversations with African-Americans reluctant to register to vote because of the party’s silence or meekness on continuing the progressive work of the Civil Rights movement than because they wanted school vouchers or felt demeaned by affirmative action or were scared of gay people.

So yes, the Democrats need better answers to the Republicans’ cynical appeals to Black voters, and they need candidates who are better at articulating them. But any message which boils down to “No, Democrats don’t take [you/us] for granted, they care about [you/us] very much” is doomed to fail. What the Democrats need, as Al Sharpton put it several times during the Presidential debates, is candidates who can give the donkey the kick it needs (not something Sharpton accomplished a great deal at). And the most powerful kicks tend not to come from candidates at all. As much as Dan talks about a “traditional” relationship between Democrats and Black voters, the tradition is fundamentally one of tension and contestation, one which envelops both Jack Kennedy’s supportive call to Coretta Scott King and Bobby Kennedy’s call to John Lewis pleading him to cancel the freedom rides. As with so many other cases, the job facing the leaders of the Democratic party is as much about improving its record as defending it.

Wal-Mart Watch: A disappointing op-ed today from Robert Reich, who should know better. Somewhere in there, he’s trying to make the accurate point that government regulation has a role to play in overcoming the collective action problem under which consumers who prefer high-roading companies nonetheless patronize low-roading ones for the cheaper prices (this is a point he makes better in his book I’ll Be Short). Indeed, there is a structural problem which could be ameliorated by changing the perverse incentives behind the corporate race to the bottom. Thing is, it’s not only national legal change which could better reward companies which invest in their workers. It’s also coordinated organizing and media campaigns by labor and community folks organizing workers and consumers to reward better companies and punish worse ones. Taking the fight to Wal-Mart in particular is the defining challenge facing labor in the next decade. Because Wal-Mart is indeed bigger and badder than anyone else. So to write a piece called “Don’t Blame Wal-Mart” suggesting that all employers squeeze their workers equally is simply false and counterproductive. Reich gets a pedestal from which to play broker state technocrat, rising above parochial concerns, calling no one out in particular, pleading with both sides to be more fair-minded. Meanwhile, millions of Wal-Mart workers continue to face prejudicial treatment based on gender or immigration status, poverty wages, anti-union intimidation, and Triangle Shirtwaist Factory-style work rules. Sure, blame Bush, blame Nike, blame ourselves. But let’s blame ourselves in part for not blaming Wal-Mart nearly enough or as often as it deserves.

Not much new to say about the State of the Union Address because, well, it didn’t say much new. Substance-wise, it was more of the same, rhetorically, it was flat, and as for the delivery – well, no surprises there. Bush is still trying to pull a fast one on the American people with his social security numbers; when he said that FDR could not have imagined today’s economy, it was hard not to wince at the steady rollback of the New Deal of which Bush’s agenda is but the latest example. His allusions to FDR in defending his foreign policy were equally unpersuasive. If Bush expects plaudits for courage for politely suggesting to his allies in Saudi Arabia that their people get more opportunities to express themselves (meaning what? Voting for American Idol?), then we really are defining deviancy down. The moment shared between the Iraqi and American women was indeed poignant. It was, I couldn’t help thinking, an interesting echo of the moment shared between grieving Iraqi and American mothers in Farenheit 9/11. Whether one agrees more with George Bush’s or Michael Moore’s view of the architects and consequences of that war, there’s a great deal of chosen and unchosen sacrifice and suffering that should be sobering for all of us. Bush’s stated commitment to the advancement of liberty, of course, didn’t stop him from once more floating the writing of bigotry into the constitution. Just another reason that Bush’s eager exclamations of liberty fell as flat as his last line about the long and twisting road to freedom, a pale shadow of a truly great American’s promise (more urgent and more seemingly distant than ever) that “The arc of history is long, but it bends towards justice.”