ERA Redux?

A recent editorial in the New York Times suggests that the time for passage of the Equal Rights Amendment–long comatose (actually, I thought it was dead)–may finally be at hand.

The editorial begins with a recognition of the Trump Administration’s negative consequences, especially for women:

Having a sexist in the Oval Office who curries favor with conservative religious groups is having dire consequences. Health workers in developing nations are preparing for a rise in unsafe abortions due to President Trump’s reinstatement of the global gag rulethat prohibits federal funding of groups that provide abortion services or referrals. Here at home, his administration has been hostilenot only to abortion access, but even to birth control.

A full list of the “Trump Effect” would be much longer, of course; it is a mistake to put “women’s issues” in some sort of separate category limited to matters of reproduction and discrimination. Women’s issues are human issues, and vice-versa–the damage this administration is doing to policies ranging from the environment to poverty to international relations affects all genders, just as family planning and child care policies affect men as well as women.

That said, the daily assaults have generated a monumental resistance.

Rage at the election of a man who boasted about grabbing women’s genitals helped set off the #MeToo movement’s reckoning with sexual misconduct. A record number of women are running for office around the country, many of them announcing their candidacies after participating in women’s marches the day after Mr. Trump’s inauguration.

And now, on Mr. Trump’s watch, feminists could reach a goal nearly a century in the making, and that many assumed would never come to pass — ratification of the Equal Rights Amendment to the Constitution. It states: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”

What prompts this possibility?  Evidently, the Illinois State Senate recently passed a bill to ratify the E.R.A.  If the Illinois House passes the same legislation (supporters are cautiously optimistic) — then Illinois will become the 37th state to ratify the amendment.

Just one additional state would be needed, and the long-languishing amendment would become part of the Constitution. Maybe.

Thirty-five states had signed on by 1977, ahead of the 1982 deadline established by Congress. Extensive–one might say hysterical– conservative opposition then arose, preventing further ratification. Virtually nothing happened after that, until Nevada suddenly ratified it last year.

There are some questions about what will happen if a 38th state ratifies the amendment, given that it would miss the deadline Congress set by at least 36 years, and five states have even voted to rescind their ratifications. But E.R.A. supporters and some legal experts make a plausible case that the amendment should still be recognized, pointing to, among other things, the 27th Amendment, on congressional pay, which was ratified more than 200 years after its passage by Congress, although no deadline had been set.

If the ERA were to be ratified, I’m not sure what it would do. As the editorial notes, there is a substantial body of 14th Amendment jurisprudence that protects the equal rights of women.

The fight against the E.R.A. is being led by groups on the religious right like the Illinois Family Institute, using arguments that are the ideological heirs of those so vociferously expressed by Phyllis Schlafly, whose group Stop E.R.A. — the first word standing for “Stop Taking Our Privileges” — which became the Eagle Forum, prevented the E.R.A.’s ratification at the time.

Those arguments include fearmongering about how coed locker rooms could become standard and alimony for women outlawed — arguments that are hard to take seriously but that nonetheless helped Mrs. Schlafly to very effectively convince Americans, including many women, that the E.R.A. was bad news. (Mrs. Schlafly, who died in 2016, would no doubt be appalled that her home state, Illinois, could now play such a pivotal role in ratification.)

Another conservative talking point is that the E.R.A. would lead to abortion restrictions being struck down. That outcome is not at all certain, but it would help many women. (For obvious reasons, the anti-E.R.A. crowd already had to slink away from an argument that the amendment would lead to legalizing same-sex marriage.)

Do we still need the ERA? Case law can be overturned; a constitutional amendment cannot–at least, not easily. Ratification would add an extra layer of protection against discrimination for both men and women . Given the appalling people that are being placed on the federal bench by Trump and the GOP, that’s no small matter. And of course, as the editorial pointed out, “This could become especially important if Mr. Trump gets to pick additional conservative Supreme Court justices.”

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The Trust Problem

Listening to the news this weekend, it occurred to me that my standard lecture on Marbury v. Madison highlights why Trump is unlikely to get a deal with North Korea. (Bear with me here.)

As most readers of this blog know, Marbury  established that the Supreme Court is the final arbiter of constitutionality. The case arose because President Adams–in the last hours of his term–nominated a number of people for judgeships (packing the courts ahead of Jefferson’s assumption of office). In those days, these “commissions” had to be delivered to the appointee to take effect, and due to the timing, Marbury didn’t receive his. Jefferson refused to honor his predecessor’s appointment by having his Secretary of State, James Madison, deliver the commission.

Justice Marshall, who authored the opinion, was between the proverbial rock and hard place. If Jefferson didn’t have to honor the commitments of his predecessor, the new government would be weakened; if he ordered Jefferson to deliver the commission, and Jefferson refused (which was likely), the Court’s authority would be permanently compromised.

I’ve always thought Marshall’s solution was on par with that of Solomon and the baby. He ruled that a commission properly made must be delivered–but he also found the law under which the appointment had been made constitutionally defective, and the commission null and void. Jefferson (I’m sure grudgingly) acquiesced to the decision–including the proposition that the Court was the final voice on constitutionality– since he got the practical result he’d wanted.

When we discuss this case in class, I usually pose a scenario: I have a student assume he owns a car-towing business. He just got a contract with the city, and in order to service it, hired two new people and bought a new truck. Business is great. Then a new Mayor is elected, and refuses to honor the contract.

I ask the student “Would you ever do business with the city again?” The answer is always no. (Sometimes, “hell no!”)

Which brings me to Trump and Korea. And Iran. And the Paris Accords.

At the same time Trump is bragging about his deal-making prowess and suggesting that only he can get a binding agreement with North Korea, he is hell-bent on rejecting the United States’ “binding” commitments to Iran. He has previously refused to honor his predecessor’s decision to join the Paris Accords. (For purposes of this discussion, I will omit mention of the numerous “deals” he reneged on as a private citizen, and the myriad times he stiffed people to whom he owed money. I will also forego discussion of the times the U.S. has bailed on its promises in the past.)

If I were Kim Jong Un, I wouldn’t trust the word of a President who is currently demonstrating that the nation’s word is worthless.

Kim’s hair may be as silly as Trump’s, but I get the impression that he is a whole lot smarter than the un-self-aware ignoramus who currently shames all sentient citizens. Trump is likely to get rolled–and unlikely to realize it.

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This Isn’t Making Us Safe

The Senate has now confirmed Mike Pompeo as Secretary of State, despite deeply disturbing reports of his longstanding Islamophobia. Nothing like having a man with a well-deserved reputation for decidedly undiplomatic bigotry as the country’s chief diplomat. I’m sure his disdain for the world’s largest religion will serve him especially well in negotiations in the Middle East…

At least Pompeo understands–or seems to understand–that religious hatred is not generally considered a positive qualification for the job at hand, and he has downplayed it.

Not so John Bolton. Trump’s choice of a National Security Advisor is an even more obvious mental case than the current occupant of the Oval Office. His disdain for the United Nations, his preference for war over diplomacy (and the short fuse that impels him to favor military action at the drop of anyone’s hat) are well known. Less well known is his fixation with–and hatred of– Islam.

Dispatches from the Culture Wars has the story:

NBC News has an article about the Gatestone Institute, headed until he took the job as National Security Adviser by John Bolton for the last four years. Gatestone is one of the lesser-known but best-funded of a web of Islamophobic groups that push white supremacist rhetoric about how Muslims are going to destroy white European hegemony through immigration.

The Gatestone Institute is a New York-based “advocacy group.” It issues warnings about the looming “jihadist takeover” of Europe, which will lead to a “Great White Death.” The post quotes NBC News:

The group has published numerous stories and headlines on its website with similar themes. “Germany Confiscating Homes to Use for Migrants,” warned one from May 2017, about a single apartment rental property in Hamburg that had gone into temporary trusteeship. Another from February 2015 claimed the immigrants, for instance Somalis, in Sweden were turning that country into the “Rape Capital of the West.”…

Some of the group’s work was widely distributed, including a claim about Muslim-controlled “no-go zones” in France that Texas Sen. Ted Cruz cited in an op-ed article during the 2016 Republican presidential primary campaign.

Gatestone’s president, Sears Roebuck heiress Nina Rosenwald, said in an email that Bolton was not involved in any of the articles and that Gatestone has no knowledge of Russian trolls having promoted its work.

Rosenwald emailed numerous links to support Gatestone’s claims, including a number in French and German. One entry flagged as documenting “warring Muslim gangs” in Marseille, France, when translated into English, says only that the city had deployed specialized police officers to a high-crime area, with no mention of warring Muslims.

Speaking of disinformation and dishonesty, Bolton wrote the foreword to a book by Pam Geller, who co-chairs an equally disreputable White Supremacist group with Robert Spencer, Stop the Islamization of America. Geller has been described by the Southern Poverty Law Center as “one of the most flamboyant anti-Muslim activists in the United States.” She routinely bashes Islam and Muslims on her blog (titled “Atlas Shrugs”), and is a regular contributor to Breitbart.

Bolton and Pompeo: Trump’s “best people”–working hard to make the world safe for White Christians.

Forgive me if I don’t feel very secure.

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When The Emperor Has No Clothes

Most of us recall the children’s story about the Emperor who paraded in his imaginary finery and the masses of subjects who obediently “saw” that clothing. Only when a young boy in the crowd named the reality–that the Emperor was naked–did others recognize that they’d been deceiving themselves.

The story is a great parable for America’s disinclination to see the “naked” truth about Trump’s voters. Political figures in both parties, aided and abetted by media figures unwilling to trust their eyes, insist that Trump voters were motivated by economic uncertainty.

Virtually all the peer-reviewed research finds otherwise.

Diana C. Mutz is a professor of political science and communication at the University of Pennsylvania (and the distinguished daughter of former Indiana Republican Lieutenant Governor John Mutz). She is one of many who have studied Trump voters; results of her research recently appeared in the Proceedings of the National Academy of Science.
Mutz found no evidence that personal economic anxiety motivated Trump supporters. The one factor that did increase the likelihood that someone would vote for Trump was a belief that white people are more discriminated against than people of color, and that Christians and men experience more discrimination than Muslims and women.

Charles Blow recently commented on the Mutz study in The New York Times.

A new study published this week in the Proceedings of the National Academy of Sciences found what other studies have found: Support for Trump was largely motivated by white fear of displacement from dominance.

As the study put it:

“White Americans’ declining numerical dominance in the United States together with the rising status of African Americans and American insecurity about whether the United States is still the dominant global economic superpower combined to prompt a classic defensive reaction among members of dominant groups.”

This new study dovetails with an analysis of millennial Trump voters published last year in The Washington Post: “First, white millennial Trump voters were likely to believe in something we call ‘white vulnerability’ — the perception that whites, through no fault of their own, are losing ground to other groups. Second, racial resentment was the primary driver of white vulnerability — even when accounting for income, education level or employment.”

This is the explanation for those of us who find it incomprehensible that anyone could vote for this proudly ignorant, embarrassing and dangerous buffoon. As Blow says,

Trump is one of the last gasps of American white supremacy and patriarchy. He is one of its Great White Hopes.

The distillation of his campaign message was not only to halt the rapid pace of change, but also to reverse it, to undo the Obama-izing of America and restore it to whiteness. It was also to uncouple America from globalizing influences and specifically elevate American whiteness.

If anything has become clear during the year and a half of this disastrous Presidency it is that Trump’s only “agenda” is to reverse and obliterate anything Barack Obama accomplished. The absence of any other coherent motivation–the inability to articulate any philosophy of governance, the obvious absence of any belief structure other than his own grandiose claims of superiority, the constant “dog whistles” and repeated use of racist and misogynist language–is as obvious to people who pay attention as was the Emperor’s lack of clothing.

Racism isn’t limited to cross-burnings and overt acts of discrimination. Our persistent unwillingness to confront the obvious–our discomfort with the reality that so many of our fellow Americans recoil from an equality that threatens to divest them of their perceived superior position in society–is understandable, but not at all helpful.

Delusion won’t dress the Emperor.

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I Hope This Is Hyperbole…

Generally, when partisans of one sort or another pursue policies that are likely to have negative side-effects, those side effects are unintended. (Hence the term “unintended consequences.”) A recent report generated by The Institute for New Economic Thinking–a source with which I am unfamiliar, and for which I cannot vouch–asserts that the attack on teachers (about which I recently blogged) is part of a deliberate effort to “Groom U.S. Kids for Servitude.”

At least three people forwarded the paper to me. It references research by Gordon Lafer, Associate Professor at the Labor Education and Research Center at the University of Oregon, and Peter Temin, Professor Emeritus of Economics at MIT.  It describes a movement that is said to have begun in the wake of Citizens United, a “highly coordinated campaign” to destroy unions, cut taxes for the wealthy, and cut public services for everyone else.

Lafer pored over the activities of business lobbying groups like the American Legislative Exchange Council (ALEC) – funded by giant corporations including Walmart, Amazon.com, and Bank of America—that produces “model legislation” in areas its conservative members use to promote privatization. He studied the Koch network, a constellation of groups affiliated with billionaire brothers Charles and David Koch. (Koch Industries is the country’s second-largest private company with business including crude oil supply and refining and chemical production). Again and again, he found that corporate-backed lobbyists were able to subvert the clear preferences of the public and their elected representatives in both parties. Of all the areas these lobbyists were able to influence, the policy campaign that netted the most laws passed, featured the most big players, and boasted the most effective organizations was public education. For these U.S. corporations, undermining the public school system was the Holy Grail.

The obvious question is: why? These organizations and businesses need an educated workforce; why would they intentionally subvert education? I understand–and mostly agree with– the argument that their preferred policies would have that effect, but why would that be the motivation?

While Lafer acknowledges that there are legitimate debates among people with different ideological positions or pedagogical views, he thinks big corporations are actually more worried about something far more pragmatic: how to protect themselves from the masses as they engineer rising economic inequality.

As Lafer sees it, we are headed for a new system in which the children of the wealthy will be “taught a broad, rich curriculum in small classes led by experienced teachers. The kind of thing everybody wants for kids.” The rest of America’s children will be trapped in large classes with a narrow curriculum taught by inexperienced staff —or through digital platforms with no teachers at all.

Most kids will be trained for a life that is more circumscribed, less vibrant, and, quite literally, shorter, than what past generations have known. (Research shows that the lifespan gap between haves and have-nots is large and rapidly growing). They will be groomed for insecure service jobs that dull their minds and depress their spirits…

In other words, dismantling the public schools is all about control.

The linked article develops these themes, and readers who want to explore them more fully are welcome to click through and do so.

I know that even paranoids have enemies, but this argument strains credulity. I don’t quarrel with the assertion that many of these “reforms” are wrongheaded and detrimental to the national interest. (Vouchers, for example, are supported mainly by people who think they can make a profit and religious zealots who want public money to support their parochial schools.) The unwillingness of so many “haves” to pay the taxes that support the social and physical infrastructure that enabled their good fortune is selfish and despicable, but the policies they are pursing can be debated–and their dangers exposed–on their own (dubious) merits.

The problem is, if the gap between the rich and the rest isn’t reduced soon, we are likely to see more overheated accusations along these lines–along with more class-and-race-based animosity.

We’re entering the social danger zone.

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