GETTING DENSE AGAIN

A week ago, TPMCafe opened its House of Labor, a collaborative blog on the future of the Labor Movement with the likes of Nathan Newman, Bill Fletcher, and Jo-Ann Mort, and the discussion has remained unusually articulate, informed, and relevant ever since. Over the past few days the contributors have been debating the organizing agenda of the Change to Win Coalition (now chaired by Anna Burger), a topic on which there’s been all-too little discussion in the blogosphere and the media in general.

Tuesday Bill Fletcher considered a letter from Machinists President Tom Buffenbarger making the case that the AFL-CIO under Sweeney has done the best it could under the circumstances – a position Fletcher, like me, rejects – and that those circumstances deserve a more serious examination in this debate. Fletcher writes that

His argument is that the workforce has jumped in size dramatically and events, such as the 9/11 terrorist attacks (and other problems such as deindustrialization) have been devastating to organized labor. These issues, he asserts, are not being discussed. He is basically right: they are not being discussed in any serious way. Further, he asks what percentage of the workforce should we be trying to organize. What is interesting about this question is that i cannot remember anyone EVER attempting to answer it. The implicit question here is what percentage of the workforce needs to be organized such that there is a QUALITATIVE improvement in the power relation between labor and capital…What has largely been missing from the debate, as i asserted in an earlier blog, is a real analysis of the objective conditions facing workers generally and unions specifically. It is, for instance, very unclear in the debates what people actually mean by “power” for workers outside of bargaining power…while the debate has focused on the AFL-CIO, the reality is that it is the individual unions that have the major resources AND RESPONSIBILITY for organizing, yet this seems to have been largely ignored in most of the discussion.

Yesterday, Nathan Newman took up Bill Fletcher’s challenge to engage with Buffenbarger’s argument, agreeing that we need better ways to evaluate where we stand and how to get back on track than just comparing density percentages. One key, he suggests, is density within industries, and a more promising approach to building density is what distinguishes the Change to Win dissidents from the team that Buffenbarger is defending. He cites a piece from Justice for Janitors head Stephen Lerner which, as he summarizes

Lerner first argued that the key was dramatic comprehensive organizing, not incremental work by unions…He laid out the argument for consolidation around sectors where such strategic organizing would have the resources to make dramatic changes…He specifically argued that there is a critical point where the combination of density and militant action by unions makes employer opposition too costly; that is the point where employer resistance fades and unions make dramatic gains in a sector..The problem was that most unions were too diffuse in their organizing to achieve that critical mass in any particular sector, so they made small organizing gains that failed to counterbalance other losses. And he argued that unions had failed to grapple with changes in the global economy that made these diffuse organizing efforts even less effective…his steps to rebuilding the labor movement involved both a social vision and reorganization of the union structures…The key, he argued, was to exponentially expand the resources spent on organizing, not incrementally but in dramatic ways. In a sense, Lerner completely agreed with Buffenbarger that the problem was not in the AFL-CIO itself but in the international unions responsible for organizing…The solution was to set concrete goals…with a whole range of other resource and political commitments, from achieving legalization for undocumented immigrants to punishing anti-worker companies as examples to other employers.

While criticizing Lerner’s lack of emphasis on union democracy or racial equality, Nathan argues that the broad strategy he laid out was right then, and that the Change to Win unions are right to push the same one three years later.

Jo-Ann Mort echoes Nathan’s argument that the Change to Win approach to building density offers more hope of reversing the decline in union membership, and she suggests that that decline has brought us so far down that Buffenbarger’s question of “how much is enough” becomes an academic one:

SEIU and Unite-HERE, to name two unions, have strategies, it seems to me, on how to build critical mass in key industries and therefore increase bargaining power. These unions have even been willing to trade members in a particular industry so that their membership is more homogenous, and they can build strength within a certain industry or company. Sectors–both domestic and global matter more today than overall numbers, in a certain sense, but numbers also do matter. The fact is that with organized labor’s numbers having sunk below 10%, it makes it difficult not only to organize new workers, but also to advocate for new laws regarding union organizing, labor law, workers’ rights, etc.–let alone elect a union-friendly politician. Today, it’s a too rare occurance when someone even engages with a member of a union. There are whole regions of the country where labor members are nearly completely scarce. This makes it impossible for labor to build any kind of public support. No matter how you cut it, there is a crisis in labor, a crisis which the Buffenbarger letter doesn’t seem to acknowledge.

Responding today to readers’ comments, Nathan acknowledges that manufacturing unions have faced more hostile organizing conditions than the service unions who’ve been Sweeney’s strongest critics. But like the service unions, he argues, they have strategies available to respond – and they parallel the Change to Win approach:

I’d suggest four possibilities- (1) Abandon new manufacturing and organize associated services; (2) leverage their existing density more strategically; (3) organize the world; (4) organize Wal-Mart, the largest manufacturing company in the world…Given the fact that such a large part of employment in the US is in services — many of them not subject to easy overseas outsourcing in almost any scenario — why not concentrate all of the union movement’s extra resources on the “low hanging” fruit of local services, especially those services most related to a union’s core industry? In a sense, that’s what UNITE’s been doing for a number of years, shifting its organizing focus from garment manufacturing, which has been decimated by global competition, over to related industries like the industrial laundries who wash the clothes UNITE workers once sewed…Unlike the garment industry, a lot of big manufacturing like autos are still building factories in the US– often non-union as with the Japanese transplants — but the industry isn’t disappearing. And the UAW for example, as Frank no doubt knows better than me, is getting smarter at using its incumbent power at the Big Three to leverage new organizing through contract agreements– whether going after parts suppliers or through Chrysler negotiations to get agreements at Mercedes…If unions are stronger in developing nations, companies will only move plants there if it’s really more efficient– not just because they’re running to a non-union environment. And the reality is that US unions could help fund a hell of a lot of organizers in those countries precisely because wages and the cost of living are so much lower– and with more global allies, it would help keep the pressure on the manufacturers across the world…Organize Wal-Mart, which is far more than a retailer, but really the global headquarters directing the operations of thousands upon thousands of manufacturing subcontractors who produce what and when Wal-Mart tells them. Get a handle on Wal-Mart and the union movement could get a handle on organizing a heck of lot of manufacturing companies, both domestically and globally. And that’s a goal both the service and manufacturing unions can share.

UNITE HERE and SEIU absolutely were dealt a better hand as unions in industries where fewer jobs can move overseas. But the organizing victories they have to show from it would have been impossible if they hadn’t played those hands much better than most by prioritizing strategic organizing of the unorganized, including marginalized Americans, and strong community-based coalition-building. And, contrary to Buffenbarger’s implication, this is not a specialized strategy for the service industry.

As Nathan reminds us, while differences between industries are certainly something, they aren’t everything. The aggressive organizing strategy which made Detroit a city where auto workers join the middle-class and the one which made Las Vegas a city where hotel workers do have essential similarities we’d do well to recognize. So do the challenge of choosing interracial solidarity over union-backed racism in an earlier generation and the modern challenge of organizing across lines of citizenship and borders.

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.

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.

My speech to the Yale Political Union (yes, I even wore a tie…) tonight:
Thanks for having me tonight. All of us in this university community are going to have important decisions to make over the next week, and I appreciate the chance to add my voice to what I hope will be a constructive debate about how we can best see our shared values better realized by our university.

One of the values which brings us together at this institution is a shared commitment to educational excellence. I’m glad to be able to say that I’ve received an outstanding education to this point at Yale, and it’s one for which I’m very grateful. That’s why many of us, with GESO’s strong support, have fought to make that education a realistic possibility for more students. And it’s why many of us are deeply concerned by trends which threaten to erode the quality of undergraduate education at Yale and at universities across the country.

One of these trends is casualization: the transformation of long-term, well-supported jobs into temporary, insecure work lacking the job security and job benefits of their predecessors. Casualization is a national economic trend in which employers cut costs by disinvesting in their workers and cease encouraging workers’ long-term investment in their work. The casualization of academic work is reflected in the national drop from three decades ago when 80% of teaching was done by ladder faculty to 50% today. Ladder faculty have long-term contracts and opportunities for further advancement or tenure. They’re being replaced with a casualized workforce made up of adjunct professors and graduate employee teaching assistants on whom is shifted an increasing portion of the academic workload. Here at Yale, ladder faculty do even less than 50% of the teaching – more like 30%. Adjuncts do another 40%, and teaching assistants do 30%. That means an hour of teaching at Yale University is at likely to be done by a TA as by a professor with a multi-year contract. Needless to say, this is not the academy some of GESO’s detractors are picturing when they refer to its members as “ruling class” spoiled kids biding their time until accepting tenured jobs on completion of their degrees. Instead, they’re doing the teaching work which in another generation was done by ladder faculty, and discovering on graduating that the jobs they may have hoped for at other universities are being done instead by casual employees.

The trend of casualization poses two challenges: How do we make sure universities maintain enough long-term faculty to provide effective mentorship? And how do we make sure that the casual workers who do a majority of today’s teaching have the support necessary to do the best job possible? Around the country, more and more graduate employee TAs, including three-fifths of the ones teaching in humanities and social sciences at Yale, have decided that the answer includes exercising their right to collective bargaining and union representation. As undergraduates, if we want a university which fosters educational excellence, equal opportunity, and democratic participation, then their fight is our fight as well.

This fight is our fight as undergraduates because until Yale fully values the work of our teachers, Yale cannot fully value our education. GESO is right to call for a living wage for graduate student employees to justly compensate the crucial work they do and to enable them to do it better by removing the necessity of working additional jobs on top of teaching, classes, and research. GESO is right to call for paid teacher training to help graduate student employees become better teachers, for smaller class sizes to facilitate better learning, and for office space in which they can better advise students. GESO is right to call for pay equity so that teaching assistants are not paid less the longer they’ve been teaching, and for a rational system for teaching assignments so that teaching assistants are not needlessly teaching far out of their areas of study.

Just as in the campaign for undergraduate financial aid reform, the issue at stake is both how this institution supports the people who are here and who it is that makes it to Yale in the first place. Those who say GESO isn’t sympathetic because most Yale graduate students are white single men in their early twenties are not only wrong about the make-up of Yale’s graduate school – they’re ignoring the factors which make graduate school a more difficult prospect for others. All of us have a stake in the provision of childcare and dependent healthcare for graduate student employees because TAs who didn’t have to spend significant fractions of their pay on childcare and put their kids on HUSKY would be free to be better teachers, and because addressing these injustices would mean fewer outstanding students and teachers kept out of Yale.

Yale cannot be the global leader or liberal educator which we aspire to make it as long as it draws teachers and students disproportionately from a narrow segment of this country. While every individual brings unique perspective to bear on their work, when the voices of swaths of the population are largely absent the ranges of experience narrow. GESO is right to call for full funding for the Office of Discrimination and Equal Opportunity and a formal impartial grievance procedure for discrimination complaints. And GESO is right to call for greater transparency in admissions, hiring, and retention of women and people of color as a spur to further diversification and integration of our community. Today teaching unfortunately mirrors other parts of Yale’s workforce in that women and people of color are concentrated in lower-paying casualized jobs from which it is difficult to rise into the secure well-compensated positions today dominated by white men.

Because they believe in the best ideals of this university, Yale graduate student employees have been organizing for nearly two decades for policies which better support them, their families, and their students, first as “TA Solidarity” and then as GESO. Over this time, GESO has spurred a series of progressive reforms in their working conditions, from stipend increases to healthcare coverage to the formation of the Graduate Student Assembly. Throughout, GESO has recognized that winning requires more than deserving better – winning requires being organized. Everything GESO has achieved has been won through organizing, by building a platform out of the articulated concerns of thousands of graduate student employees and bringing them together to press collectively for change. It’s because the process of agitating for better conditions demonstrated to graduate student employees the urgency of achieving an institutional voice and a seat at the table that they’ve been fighting for over a decade for a union contract.

In pursuing union recognition, these graduate student employees demonstrate their faith in the fundamental democratic principles which inspire this university in its best moments: that justice is best served when everyone with a stake in the result has a part in the process. In signing union cards, they demonstrate their understanding that their rights are best protected and their interests best furthered when they stand together in calling on Yale to do better, be it Chinese students combating discrimination at Helen Hadley Hall, researchers fighting to make the AIDS drug they helped discover available to poor patients, or parents pushing for childcare they can afford and trust. Three-fifths of humanities and social science TAs have joined up with GESO for the same reasons workers in many jobs in many parts of the country do: To make their work more effective and better supported and their voices better heard and respected.

We’ve come to this point because Yale’s leadership has refused to recognize what everyone from the United Nations to the Internal Revenue Service does: that the thousands of hours graduate student employees spend each day teaching classes, grading papers, and conducting experiments constitute labor critical to the functioning of the university, and the people who do it are a workforce. Whether TAs plan to spend their lives doing exactly the same work, whether they enjoy doing it, and whether they learn on the job are all as irrelevant in considering the legitimacy of this union as they would be were it a union of artists or of supermarket clerks or of carpenters. Equally irrelevant is the question of whether Yale’s graduate student employees are better or worse off than its clerical and technical or service and maintenance workers, who’ve shown far less interest in that question than GESO’s student detractors. Instead, Yale’s other service workers have stood with and sacrificed with GESO throughout, just as Local 35 did in staying out on strike for ten weeks to help Local 34 win its first contract at a time when the image of mostly black male blue-collar workers standing with mostly white female pink-collar workers left most observers in confusion or disbelief. These Yale workers stand with GESO because they know from personal experience that the university is stronger and healthier when the people who do the work of this institution have an organized voice in negotiating how that work happens.

Unfortunately, President Levin has not yet come to that realization. Instead he told undergraduates a month and a half ago that he would rather see GESO strike than have even a meeting with GESO leadership because it would be “less detrimental” to the university. This after a full decade of abject refusal to sit down with the union which has each year won the support of a majority of TAs in the humanities and social sciences to discuss GESO’s proposals for change or to agree to a fair process for a majority to make clear whether or not it wants GESO as its bargaining representative. Unless Levin changes course, I’m confident that tomorrow a majority of GESO’s members will vote to strike for a recognized voice, and I’ll be proud to stand with them next week for changes which realize the great potential of this university.

The newest issue of Yale’s ISI-funded right-wing mag, Light and Truth, offers Editor Emeritus Alden Bass’ celebration (not available on-line, alas) of neo-confederate secessionists:

The founding fathers did it. And now another group is trying it, for similar reasons…Almost exclusively composed of Christian neo-confederates (and trust me, there is no shortage of those people in the South) the group plans to assemble 12,000 souls willing to transplant their families to South Carolina, where they intend to infiltrate the state government and secede from the Union. Yes, secede…When Southerners speak of the South, a dreamy look clouds their face as all the bittersweet associations of home come rushing back…the South is so frequently considered to be one category (like the Soviet Bloc or Latin America) that no one really questions the difference between Alabama and Mississippi. There is also the shared experience of the War of Northern Aggression, which none of us remembers, yet which none of us can forget…You may think this is my unique experience as a middle-class white preacher’s boy, but I don’t think so. Because I’ve heard it in too many old bluegrass songs, I’ve read it in too much literature, and I’ve seen it in too many elderly faces. Communicating face to face is the essence of Southern conservatism. It’s about connecting, and not consumerism. This is why the South love’s state’s rights. The shared experiences of the Civil War, Reconstruction, and the Civil Rights movement have bonded Southerners together in a way no other region can boast. It’s no wonder that we stick together the way we do…

These disheartened fundamentalists of Tyler, Texas have realized that the sense of community once shared by the Nation and untiil recently by the South is fading fast, and they have opted to act radically. They will establish a community, a community small enough that it can be managed efficiently, personably, and responsibly. They will restore those values that we in the South were raised with, or at least thought that we were raised with. Will they succeed? I don’t know, but I’ll certainly be rooting for them.

I’m going to venture a guess that Bass’ identity as a white conservative might, bluegrass aside, indeed have something to do with his excitement at the prospect of neo-confederate secession, and that other Southerners – white conservatives or not – might be somewhat more skeptical about what features other than size these “Christian Exodus” types are looking for in their new community. They might also question the idea that Southerners are all united by “shared experiences” of the Reconstruction and the Civil Rights movement. Seems to me that being sprayed with fire hoses for non-violent protest of American Apartheid and being one of the ones holding the fire hoses are very different experiences to have of those events, and that the zeal of some to pull out of the union and found a nation they find more in keeping with their “values” only evidences how deep that division runs.

MSNBC reports that Justice Scalia is touring the country promoting himself and his “dead constitution” jurisprudence:

Executing someone under 18 was not unconstitutional in 1791, so it is not unconstitutional today. Now, it may be very stupid, it may be a very bad idea, just as notching ears, which was a punishment in 1791, is a very bad idea.

Among those rolling in their graves over Scalia’s insistence on originalism must be Frederick Douglass, who declared in a speech in Glasgow in 1860:

…the intentions of those who framed the Constitution, be they good or bad, for slavery or against slavery, are to be respected so far, and so far only, as will find those intentions plainly stated in the Constitution. It would be the wildest of absurdities, and lead to endless confusion and mischiefs, if, instead of looking to the written paper itself for its meaning, it were attempted to make us search it out, in the secret motives, and dishonest intentions, of some of the men who took part in writing it. It was what they said that was adopted by the people, not what they were ashamed or afraid to say, and really omitted to say.

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.

Strom Thurmond’s successor, Senator Lindsey Graham, apparently thought this was funny:

“We don’t do Lincoln Day Dinners in South Carolina,” he said. “It’s nothing personal, but it takes awhile to get over things.”

Steve Gilliard says Graham “is being unfairly attacked” for a perfectly innocent joke about the burning of the State Capitol and that

nothing to apologize for, because every South Carolinian knows he’s talking about Sherman’s March and not slavery.

Really? Every South Carolinan? There’s plenty to fault Lincoln for, be it his racism or his erosion of civil liberties. But for a US Senator from a state which attempted to seceed from the union and fought an extended war against the United States, a war which had little to do with slavery for the North but a great deal to do with it for the South (Apostles of Disunion I’d say makes the most succinct case here), to say of the man who is for most Americans the defining symbol of the winning side in that war – the very man murdered by a confederate havinga hard time “getting over things” in the wake of the war – that the people of his state bear him an enduring grudge is shamefully reckless. Whatever Graham’s intentions, it suggests something to the listener – be he Pennsylvanian or South Carolinian – other than disagreement with military tactics. And one can’t help but wonder whether, when Graham constructs the “We” who don’t do dinners for Lincoln, he means to speak for the descendants of slaves who worked and died in bondage in South Carolina as well.

A week and a half ago, President Bush called attention to African-Americans’ lower life expectancy – as a case for dismantling social security as we know it:

African American males die sooner than other males do, which means the system is inherently unfair to a certain group of people. And that needs to be fixed.

Yesterday on Meet the Press, Congressman Bill Thomas made clear cutting benefits for demographics which live longer – rather than improving conditions for those who don’t – is a new GOP talking point:

We also need to examine, frankly, Tim, the question of race in terms of how many years of retirement do you get based upon your race? And you ought not to just leave gender off the table because that would be a factor…If we discuss it and the will is not to do it, fine. At least we discussed it. To simply raise the age and find out that you’ve got gender, race and occupational problems later, I would not be doing the kind of service that I think I have to do.

I’d suspect that this message won’t test as well amongst Americans that weren’t hand-picked for “Conversations” by the White House.

Last Martin Luther King Day, after a march to the New Haven Savings Bank to threaten a boycott, students, workers, and community members gathered in the Woolsey Rotunda to speak out about the meaning of the day and the path to making “Jobs and Freedom” a reality in New Haven and in this country. Here (because mine is the only one I have a copy of) is what I said:

Never in this country has the symbol of Dr. King been so popular and so ubiquitous; never in this country has the vision he struggled for faced such tremendous opposition. In this morning’s New York Times, a Reagan archivist argues that Reagan and King were soulmates – that though their politics differed, their values were the same. Such a claim goes beyond cynicism – it is nihilism. It demonstrates a choice to forget who Reagan was – that he kicked off his Presidential campaign in a city in which civil rights activists were murdered and he called for states’ rights and excoriated welfare queens as a threat to our society. But as troublingly, it demonstrates a choice to forget who King was. There was a time when the FBI called King the most dangerous Negro in America. It’s time King was dangerous again.

On Thursday the President of United States made a last minute visit to lay a wreath on King’s grave, and in so doing foisted on the American people the bill for a trip followed by a $2,000 a plate fundraiser. Hundreds of people turned out to protest, and the administration decided to salvage its photo op at Dr. King’s grave by obscuring the view of the social protest, the non-violent resistance, going on behind. And they did it with rows of buses. The searing image of Dr. King’s birthday, 2004, is that of Blacks, Whites, and Latinos mobilized in protest on the other side of buses. What did Dr. King’s last living birthday look like? According to Jesse Jackson, “Perhaps what he did on that day would be instructive to us…he pulled together the coalition – black, white, Jewish, Hispanic, Native American, labor – to work on the Poor People’s Campaign. The object was to demand a job or an income for all Americans. He was driven by a moral imperative to include all and leave no one behind.”

“It is crimminal to have people working on a full-time basis and a full-time job getting part-time income,” King preached in Memphis soon before his death, standing with striking sanitation workers. “One day our society will come to respect the sanitation worker if it is to survive. For the person who picks up our garbage, in the final analysis, is as significant as the physician, for if he doesn’t do his job diseases are rampant.” Today in New Haven, service workers who make hospitals function and graduate student researchers who make medical research happen both find themselves unable to pay for health insurance for themselves and their families.

Dr. King declared that “Negroes will no longer spend our money where we cannot get substantial jobs.” Today this bind remains salient, as does its twin: even as too many are locked out of substantial work in the institutions their business and their taxes fund, too many are forced to work manufacturing products they cannot themselves afford to buy. Wal-Mart employees cannot afford discount Wal-Mart clothing. University employees here in New Haven cannot afford to send their children to college.

One year after the Voting Rights Act and two after the Civil Rights Act, King argued that these “legislative and judicial victories did very little to improve” the ghetto or “penetrate the lower depths of Negro deprivation.” Thirty-six years ago, on his last birthday, Dr. King declared “we have an underclass, that is a reality – an underclass that is not a working class…thousands and thousands of Negroes working on full-time jobs with part-time income…to work on two and three jobs to make ends meet.” The solution, he said the next month, was “a redistribution of economic power.”

“The problem of transforming the ghetto,” Dr. King wrote, “is a problem of power–confrontation of the forces of power demanding change and the forces of power dedicated to preserving the status quo. Now power properly understood is nothing but the ability to achieve purpose. It is the strength required to bring about social, political and economic change. Walter Reuther defined power one day. He said, ‘Power is the ability of a labor union like the UAW to make the most powerful corporation in the world, General Motors, say, ‘Yes’ when it wants to say ‘No.’ That’s power.”

It’s not enough to glorify the symbol of the fallen King. We must rededicate ourselves to his vision of social, economic, and democratic change. It is not enough for our leaders to lay wreaths on the man’s grave. We must hold them accountable for a status quo which has deprived too many Americans of all races of the right to freedom from want, of the right to a voice in the decisions which determine their future. It is not enough for the President of this great University to recount that he cried on hearing Dr. King’s “I have a dream”
speech. Yale, as King confidante Rev. James Lawson declared here this summer, must commit itself to becoming fully human.

“A nation that will keep people in slavery for 244 years will thingify them,” Dr. King warned, “make them things…And a nation that will exploit economically will have to have foreign investments and everything else, and will have to use its military might to protect them. All of these problems are tied together. What I am saying today is that we must go from this convention and say, ‘America, you must be born again!'”

Watching the objection to the Ohio Count:

1:20 Whatever the Times said, Dick Cheney sure doesn’t look happy about this.

1:30 Rep. Tubbs Jones (D-OH): “If they are willing to stand for countless hours in the rain, as many did in Ohio, then I should be willing to stand for them in the halls of Congress.”

1:35 Rep. Pryce (R-OH): Just be nice and take it like John Kerry. The election is like so 2004.

1:38 Rep. Pryce (R-OH) and Sen. DeWine (R-OH) simultaneously: Lots of newspapers agree with us. Why don’t you?

1:42 Rep. Conyers (D-MI): “Not a single election official in Ohio has given us an explanation for the massive and widespread irregularities across the state.”

1:45 Rep. Sanders (I-VT): “What today is about is to demand that the federal government begin to move forward to ensure that every voter is country can be confident that every vote is counted accurately and every voter is treated fairly.”

1:46 Rep. Blunt (R-MO): People who were elected shouldn’t attack elections. And if you attack the election process, you don’t support the electoral troops.

1:49 Sen. Durbin (D-IL): “We can and should do better…I will take [Jackson’s amendment] seriously.”

1:51 Rep. Watt (D-NC): “The eyes of the world will be watching how we handle this – we’ll not treat it as frivolous when people are denied the right to vote…If we pretend that this is frivolous, then we are not moving forward.”

1:55 Sen. Stabenow (D-MI): “In Ohio, the provisional ballot was rendered virtually worthless when Ohio’s Secretary of State ruled that the ballot was legitimate only when the ballot was cast in the precinct.”

1:57 Rep. Ney (R-OH): Your standards are too high. Anyway, Republicans get disenfranchised sometimes too.

2:00 Sen. Wyden (D-OR): Ohio has a lot to learn from Oregon. Why is the GOP more concerned about allegations that one dog got to vote than that hundreds of thousands couldn’t?

2:03 Rep. Pelosi (D-CA): “This is their only opportunity to have this debate while the country is listening, and it is appropriate for them to do so…This is not just about what happens in counting votes, but in all three phases: before, during, and after the election…lines of up to ten hours in some areas. You can deny it all you want, but it is a matter of public record that it happened, and that it is wrong.”

2:10 Rep. Reynolds (R-NY): Come on, we already passed a law about this. You guys are like a Japanese soldier who can’t surrender.

2:13 Sen. Clinton (D-NY): Can’t we at least get a hearing? Why do we get better paper trails on lottery tickets?

2:16 Sen. Reid (D-NV): “While the literacy tests and poll taxes of the past are gone, more insidious practices continue to taint our electoral system.”

2:22 Sen. Harkin (D-IA): “Standing in line hours to vote is like throwing acid in the face of democracy…There was an average of 4.9 machines in Bush districts, while there was an average of 3.9 machines in Kerry districts…What we saw was a concerted effort to suppress the right of Americans to cast a vote.”

2:25 Rep. Hayworth (R-AZ): Doesn’t Kerry’s concession speech sound better when you read it with em-pha-sis on every sin-gle sy-lla-ble?

2:27 Rep. Kucinich (D-OH): “They encouraged the use of provisional ballots to make it more difficult for minority voters to vote.”

2:30 Sen. Obama (D-IL): “This is something that we can fix…What we’ve lacked is the political will.”

2:34 Sen. Dodd (D-CT): “The real test will come in the next few days when we have the chance to introduce legislation on this.”

2:36 Sen. Voinovich (R-OH): We know how to count in Ohio. “I am proud of how the election went in Ohio.”

2: 39 Rep. Cummings (D-MD): “What we are addressing is the fundamental right to vote.”

2:40 Rep. McKinney (D-GA): “It is not only our right but our responsibility to demand full democracy at home…This is not about a recount. This is about a blackout.”

2:43 Rep. Dreier (R-CA): Democratic criticism of the functioning of the democratic process in the United States encourages terrorists. Why would anyone want to become a democracy when they see that there can be disputes?

2:47 Rep. Drake (R-VA): Either the President is an idiot, or he’s an evil genius. But not both.

2:50 Rep. Jackson (D-IL): “At present, voting in the United States is a state right, not a citizen’s right…All separate, all unequal…Our voting system is built on the sand of states’ rights…We need to build our democracy on the fundamental individual guarantee in the constitution of the right to vote.”

2:53 Rep. Lewis (D-GA): “Our electoral system is broken, and it must be fixed once for all…How can get over it when people died for the right to vote?”

2:54 Rep. Jindal (R-LA): I am really excited about getting elected, and you guys are ruining it. Next thing you know the Palestinians will sue when they lose elections.

2:57 Rep. Tiberi (R-OH): You’re hurting the feelings of election workers by criticizing things that happened during the election.

3:00 Rep. Woolsey (D-CA): “If we don’t [change], why would any American bother to vote?”

3:02 Rep. Owns (D-NY): “Our mission for democracy in Iraq would be totally shattered if we insisted that that country be split in thirty or fifty divisions, each with its own rules, each with its own standards.”

3:05 Rep. Kingston (R-GA): Dead people voting is a bigger problem than systematic disenfranchisement. If these Democrats loved America as much as my blind father, they wouldn’t mind waiting in lines.

3:07 Rep. Keller (R-FL): Michael Moore has used voodoo on Barbara Boxer.

3:13 Rep. Waters (D-CA): “There is no justification for denying the vote of someone voting in the right county but the wrong precinct. The voter’s intent is clear.”

3:16 Rep. Boehner (R-OH): You’ve disrupted my healing process. “If we really want to have a debate about how elections are run, that debate ought to happen in each of the fifty state legislatures.”

3:25 Rep. Portman (R-OH): If there was a conspiracy to disenfranchise people, I would have known about it.

3:31 Delegate Holmes Norton (D-DC): “If we are the democracy we say we are, we must show it today.”

3:41 Rep. DeLay (R-TX): The Democrats are blowing a great chance to declare support for all of Bush’s plans for the country. Me, I love the New Deal and Civil Rights. I would love to see more like that from them.

There’s been a lot of buzz the past few days amongst the pundits about how the Democrats have lost touch with Red America. As I said before, I think Dems are right to be considering how they could perform better in those regions which have so often borne the brunt of GOP austerity measures. But I think it’s curious and telling how infrequent it is that we hear the Republicans accused of having lost touch with the values of Blue America. This was the election in which they lost their last Northeastern outpost, New Hampshire. The reality is that there’s a sizable, nearly contiguous piece of the country in which Republican Presidential candidates are failing (thank God) to win votes, despite Karl Rove’s best-laid plans. And despite peculiar arguments pointing out that the red areas have more land mass, about half of Americans live in the blue ones. Strange how, while we in this country hold by “One person, one vote,” not “One square mile, one vote,” conservative pundits – especially the blue-state-headquartered-punditocracy – seem to relish displaying the map and pointing out that the red part looks bigger. I think it’s fair to say that something in the American popular consciousness – maybe racial demons, maybe suspicion of crowds, maybe those much touted “millenial anxieties” over technological and social upheaval – stills holds forth America’s rural parts as more authentically American, more pure, more decent than its cities. Everyone wants to be the candidate of rural values, not urban ones. Personally, it’s important to me to raise my kids in a city precisely because I want to bring them up with the values best exemplified in cities, where larger, more diverse, more densely packed groups of people are forced to find ways to work together in proximity and sometimes in synergy. Interestingly, few of these places vote for Republicans in national elections. The two struck on September 11 are no exception.