Courage And Concession

How many of us remember Charles Sumner from our American history courses? (Assuming those courses included information about Sumner and his principled opposition to slavery…)

The author of “Charles Sumner: Conscience of a Nation,” Zaakir Tameez, wrote a recent essay in the Washington Post, reminding us that the violent opposition Sumner faced is still with us.

On May 13, a man who made death threats against Sen. Jacky Rosen (D-Nevada) for her foreign policy views was sentenced to nearly four years in prison. Last month, Sen. Lisa Murkowski (R-Alaska) said she was “afraid” of using her voice to speak about political controversies. A month before that, Sen. Thom Tillis (R-North Carolina) released audio recordings of death threats he received while he was considering how to vote on Pete Hegseth’s nomination as defense secretary.

At least one senator made light of the threats. In April, Markwayne Mullin (R-Oklahoma) joked on X about “bringing back caning to settle political disputes.” It was a reference to the caning of Sen. Charles Sumner of Massachusetts, 169 years ago.

Tameez recounted the attack for readers unaware of that bit of American history.

Sumner had taken two days — May 19 and May 20 in 1856 — to deliver a passionate anti-slavery speech on the Senate floor. Among other things, he accused Southern leaders of undermining democracy. That set off Senator Preston Brooks of South Carolina, who wielded his gold-tipped cane to beat Sumner so badly that the cane shattered. Sumner barely survived.

News of the assault reinvigorated the antislavery movement. Tameez tells us that voters recognized a “parallel between Sumner’s beating and the beatings that those enslaved in the South experienced daily” and In the next election, outraged Northerners elected scores of anti-slavery politicians.

Today, as threats of political violence rise, Tameez counsels us to revisit the caning and to learn “three lessons that most history textbooks overlook.”

Lesson number one: many pro-slavery politicians rejected America’s founding texts. John Pettit of Indiana belittled the immortal words that Thomas Jefferson wrote into the Declaration of Independence: the phrase “all men are created equal.” A committed White supremacist, Pettit scorned the Jeffersonian ideal of human equality as “a self-evident lie.” (Unfortunately, Pettit’s ideological descendants still populate Red Indiana.)

Brooks, Sumner’s assailant, faced few consequences; he became a celebrity at proslavery rallies across the South, and once declared that “the Constitution of the United States should be torn to fragments.”

Tameez’ second lesson is that such anti-constitutional rhetoric can prompt political violence–not to mention actual election “rigging.”

Only weeks before the caning, David Rice Atchison of Missouri — the former president pro tempore of the Senate — led an armed gang into the territory of Kansas. With bowie knives and guns, Atchison’s men seized polling locations, intimidated voters and stuffed thousands of fraudulent ballots into the voting boxes. Their goal was to ensure that Kansas voted to become a slavery state, even if it required violence and election fraud to make it happen. “If we win,” Atchison told his thugs, “we can carry slavery to the Pacific Ocean.”

Some states simply ignored the constitution. Maryland and Tennessee banned abolitionist newspapers, and Virginia made it a crime to criticize slavery. North Carolina imposed the death penalty on anyone found to have encouraged enslaved people to revolt. In 1860, Southern states outraged by Lincoln’s modestly anti-slavery platform refused to put his name on the ballot.

Nevertheless,

Through grassroots programs, tens of thousands of people gathered in “indignation meetings” to lament Sumner’s assault and strategize political responses. The Republican Party — founded on the idea that slavery should be abolished in federal territories — passed out as many as 3 million copies of the speech that led to the caning. Sumner’s near-martyrdom energized the Northern public so much that it probably contributed to Lincoln’s epic victory in the 1860 presidential election.

Lesson number three is one that fearful senators today would do well to consider. “To galvanize a public that had been asleep to democratic slippage, Sumner believed that politicians like him needed to be brave. If they had to risk their physical safety to speak their conscience, so be it.”

Personal courage is necessary in order to resist assaults on constitutional democracy. Sumner knew that courage, not concession, was the key to defeating autocracy–while stumping for Lincoln, he even quoted Jonathan Swift, who wrote “And know that to be brave is to be wise.”

The GOP cowards who control Congress today are neither brave nor wise, leaving it up to an awakened grassroots to once again save the American Idea.

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Those Election Results

Each morning when I get up, my husband’s first question is: any news? (That comes right after his opening observation that “growing old is not for sissies.”) Yesterday, boy was there news! And for the first time in what seems like forever, that news was ALL good.

As usual, Heather Cox Richardson said it best:

Tonight the results came in. American voters have spoken.

Democrat Abigail Spanberger won the governorship of Virginia by 15 points, becoming Virginia’s first female governor. Every single county in Virginia moved toward the Democrats, who appear to have picked up at least 12 seats in the Virginia House of Delegates. Democrat Mikie Sherrill won the governorship of New Jersey by more than ten points (the vote counts are still coming in as I write this).

Pennsylvania voted to retain three state supreme court justices, preserving a 5–2 liberal majority on the court. Democrats in Georgia flipped two statewide seats for public service commissioners by double digits. Mississippi broke the Republican supermajority in the state senate.

Maine voters rejected an attempt to restrict mail-in voting; Colorado voters chose to raise taxes on households with incomes over $300,000 to pay for meals for public school students.

California voters approved Proposition 50 by a margin of about 2 to 1, making it hard for Trump to maintain the vote was illegitimate.

And in New York City, voters elected Zohran Mamdani mayor.

Tonight, legal scholar John Pfaff wrote: “Every race. It’s basically been every race. Governors. Mayors. Long-held [Republican] dog-catchers. School boards. Water boards. Flipped a dungeon master in a rural Iowa D&D club. State senators. State reps. A janitor in Duluth. State justices. Three [Republican] Uber drivers. Just everything.”

Those of us who care deeply about this country–whose patriotism is rooted in allegiance to the philosophy of the Declaration and fidelity to the Constitution and Bill of Rights, those of us who work to achieve a society reflective of what I’ve called “the American Idea”– turned out in force.

If yesterday’s elections proved anything, they proved that real Americans can do this. We outnumber the haters–the racists, anti-Semites, homophobes and misogynists who are the face (and base) of today’s Republican Party. More importantly, yesterday demonstrated that We the real American People will come out to defend the real America.

Obviously, gratifying as Tuesday’s election turnout and results were, now is not the time to rest on our laurels. Now is the time to redouble our efforts to return this country to the path laid out by its founders–both the original founders and those responsible for the post-Civil War “second founding“–a nation committed to both individual liberty and civic equality.

The enormous turnout for No Kings Day was an indication that Americans were up to the task; yesterday’s blowout victories confirmed it. We aren’t out of the woods by any means, but we are on the way.

There’s an old TV ad that has one person asking another “How do you spell relief?” The answer isn’t “rolaids,” as in the ad. It’s the growing, impressive evidence that resistance is–forgive the Borg reference– anything but futile.

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Why We Must Resist

In a recent newsletter, Simon Rosenberg summed it all up.

First, let’s talk about Trump. That he is a wrecking ball, in clear physical and cognitive decline, and a wanna be dictator – not a President – has become impossible to ignore. In just a few months he has re-ignited inflation, slowed the economy, exploded the deficit, torched our alliances and damaged America’s standing throughout world. He is wrecking our health care system, attacking our world leading scientific and medical research centers, laying siege to the farm economy, throwing innocent people into foreign gulags without due process, invading our cities, recklessly walking away from the global consensus on climate change, leading an extraordinary coverup of a prolific sex trafficker and pedophile, enriching himself and his courtiers, and is now using the government to lawlessly pursue and silence his domestic opposition.

America under Trump has become less prosperous, less safe, less healthy, and less free, a far weaker nation. His regime represents a profound and historic betrayal of America and everything that has made us great, and the most powerful nation in history. All of this has also made him extraordinarily unpopular as the American people wake up to the destruction he is causing, wake up to that he really is pursuing an agenda of “more for me, less for you” now.

For sentient Americans, that summary is impossible to rebut. The obvious question, however, is: what can genuine patriots do about it? How can ordinary citizens who are horrified by the daily news (much of which might be introduced under the heading “what fresh hell is this?”) resist? More to the point, how can we come together to create a mass resistance movement?

I wish I had a snappy answer to that question. I don’t. But I do believe that massive participation in the upcoming No Kings protests will be essential. We need to turn out many millions of Americans who are ready and willing to send a. message of non-compliance, who publicly reject the lawlessness and the utter stupidity of the bigots who currently control the government–and not just in Washington, but in Red state capitols like Indianapolis.

Survey research tells us two things: one hopeful, one depressing. It’s hopeful that polling uniformly shows that a majority of Americans loath Trump and oppose virtually everything his administration is doing. It’s depressing that the minority is so large–depending upon the poll, somewhere between 37% and 42% of us still approve of him.

It’s hard for me to get my head around the fact that so many of our neighbors are perfectly willing to support a lawless and increasingly vicious regime, willing to ignore or excuse or even support the reality of the summary with which I opened this post. Many of them, no doubt, are unaware of much of it–they live in bubbles, getting their “information” from Fox and multiple other propaganda sites. To the extent that they are aware, they are evidently supportive of what they see as an exchange of constitutional civic equality for the White Christian male dominance they would prefer.

Historians tell us that the effort to turn America into a Christian theocracy–an effort summarized and documented in Project 2025– began decades ago. Normal Americans have largely been unaware of that effort as they’ve gone about their daily lives.  It’s understandable that the majority are only now waking to the magnitude of the threat. (The pace of that recognition has actually been abetted by the sheer buffoonery and incompetence of the Trump administration.) 

There are a number of signs, large and small, that the majority is finding its voice: the increasing number of spontaneous protests; the huge Jimmy Kimmel response; the efforts by lower court judges to hold the constitutional line and protect the rule of law… and the fact that Amazon is selling lots of pre-made protest signs, suggesting there’s a substantial market.

In the future, it may be necessary to mount massive boycotts of the companies bending the knee to our wanna-be autocrats. It may be necessary to participate in a national strike, or take other measures to resist the destruction of the America most of us love. But right now, No Kings Day is our vehicle, and we need to ensure that it demonstrates an enormous resistance by millions of citizens ready, willing and able to retake our country.

See you on OCTOBER 18TH.

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Soft Secession

I recently came across a lengthy Substack post from The Existential Republic, titled “It’s Time for Americans to Start Talking About ‘Soft Secession.”  It was fascinating–and (assuming the accuracy of the reporting) immensely comforting. If even half of the sub-rosa efforts reportedly underway really are underway, the resistance is far more robust than I had imagined.

Evidently, Blue state leaders have been “war-gaming” a variety of scenarios.

For many state Attorney Generals and Governors, the legal briefs are already drafted. The strategy sessions have been running since December. “We saw this coming, even though we hoped it wouldn’t,” former Oregon Attorney General Ellen Rosenblum told The 19th days after Trump’s inauguration.

This is what American federalism looks like in 2025: Democratic governors holding emergency sessions on encrypted apps, attorneys general filing lawsuits within hours of executive orders, and state legislatures quietly passing laws that amount to nullification of federal mandates. Oregon is stockpiling abortion medication in secret warehouses. Illinois is exploring digital sovereignty. California has $76 billion in reserves and is deciding how to deploy it. Three sources on those daily Zoom calls between Democratic AGs say the same phrase keeps coming up, though nobody wants to say it publicly: soft secession.

Soft, because we aren’t looking at secession Civil War style. This time around–again, according to the post–Blue states are building parallel systems and withholding cooperation. They are creating “facts on the ground that render federal authority meaningless within their borders.”

The infrastructure for this resistance already exists. Twenty-three Democratic attorneys general now gather on near-daily Zoom calls at 8 AM Pacific, which means the East Coast officials are already on their third coffee. They divide responsibilities and share templates for lawsuits they’ve been drafting since last spring.

Yale Law Professor Heather Gerken calls this “uncooperative federalism,” an approach that doesn’t require states to actively resist, merely refuse to help. And as the article points out, without state cooperation, much of the federal government’s agenda becomes unenforceable.

Eight states have already enacted State Voting Rights Acts that exceed federal protections. Twenty-two states have implemented automatic voter registration. Colorado has created what election security experts call the gold standard: risk-limiting audits with paper ballot requirements.

New York Attorney General Letitia James, who successfully sued Trump during his first term, promised she’s “ready to fight back again.” During Trump’s first term, Democratic attorneys general led more than 130 multistate lawsuits against the administration and won 83 percent of them…

Pritzker has his staff exploring how to force Apple and Google to disable location tracking for anyone crossing into Illinois for medical procedures, preventing any digital trail that could be subpoenaed. Multiple governors are studying whether they can legally deny federal agents access to state databases, airports, and even highways for immigration enforcement. The discussions, according to sources, have gone as far as evaluating state authority to close airspace to federal deportation flights. States are creating pharmaceutical stockpiles, climate agreements, immigration policies. The National Popular Vote Interstate Compact has secured 209 electoral votes. The Regional Greenhouse Gas Initiative’s 11 states have reduced emissions by 50% while the federal government rolled back climate regulations. The U.S. Climate Alliance’s 24 governors represent 60% of the American economy.

California doesn’t wait for Washington anymore. Neither does New York. Or Illinois. They’re building functioning governmental systems that operate independently of federal authority.

I strongly encourage you to click through and read the rest of the lengthy post, which has multiple examples of the ways in which “the same constitutional structure that allows red states to ban abortion permits blue states to stockpile abortion pills. The same Tenth Amendment that lets Texas deploy its National Guard to the border prevents Trump from commandeering state police for deportations.”

Of course, as we repeatedly see, constitutional restrictions mean nothing to our Mad King, and our rogue Supreme Court has signaled a willingness to overrule many of the eminently correct decisions of the lower federal courts. Nevertheless, I found the extent of the coordinated activities of America’s Blue states to be immensely hopeful, especially since the majority of Americans live in those states–and since (as the article also documents) the country’s Red states are economically dependant on Blue state taxpayers.

As the post concludes:

The phrase “soft secession” makes Democrats nervous. They prefer “resistance” or “federalism” or any other euphemism that doesn’t acknowledge what’s happening. But when democracy fails, when fair elections become impossible in certain states, when federal funds are withheld as political punishment, states don’t have many options left.

The infrastructure is built. The legal precedents are established. The money is there. Blue states have spent two years sharpening these tools…

As blue states prepare to deny federal agents access to their databases, their highways, maybe even their airspace, the soft secession isn’t coming. It’s here.

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There’s Good News Too..

Yes, things are bad. Yes, we are facing a not-so-slow-rolling coup. Yes, we are being governed by unprincipled and profoundly ignorant people. Yes, Trump’s horrific bill narrowly passed the Senate. But if we look, there’s also evidence that good people–good citizens–are fighting back. Effectively.

Just a couple of weeks ago, Americans of Conscience transmitted a long list of positive news items, “wins” for democracy, including everything from a town council in Barrington, Rhode Island unanimously voting to declare their town a sanctuary  for transgender people, to Tulsa, OKlahoma’s announcement of a $105 million reparations package for the 1921 Tulsa massacre, to the thousands of people in Los Angeles, New York, Pittsburgh, Chicago, Charlotte, San Diego, Boston, Houston, San Antonio, Minneapolis, Worcester, MA, and elsewhere showing up to support neighbors facing unjust ICE raids, detainment, and deportation, to the successful EarthJustice lawsuit requiring the USDA to restore deleted information about climate change from the government website.

There were dozens more.

Then there was the welcome news that the Senate Parliamentarian had tossed numerous provisions of the “Big Beautiful Bill” for violating the Byrd rule limiting what can be included in reconciliation bills. Among the provisions that were deleted:

A provision selling off millions of acres of federal lands
A provision to pass food aid costs on to states
A proposed limitations on food aid benefits to certain citizens or lawful permanent residents
Proposed restrictions on the ability of federal courts to issue nationwide injunctions and temporary restraining orders
A proposal for a funding cap for the Consumer Financial Protection Bureau and for slashing pay of employees at the Federal Reserve
A proposal to slash $293 million from the Treasury Department’s Office ofFinancial Research
A plan to dissolve the Public Company Accounting Oversight Board
An effort to repeal an EPA rule limiting air pollution emissions of passenger vehicles
An item allowing project developers to bypass judicial environmental reviews if they pay a fee
A measure deeming offshore oil and gas projects automatically compliant with the National Environmental Policy Act
A modified version of the REINS Act, which would increase congressional power to overturn major regulations
A scheme to punish so-called sanctuary cities by withholding federal grants
An increase on Federal Employees Retirement System contribution rate for new civil servants who refuse to become at-will employees
A measure seeking to extend the suspension of permanent price supportauthority for farmers
A requirement forcing sale of all the electric vehicles used by the Post Office
A change to annual geothermal lease sales and to geothermal royalties, June 24)
A proposal for a mining road in Alaska
Authorization for the executive branch to reorganize federal agencies
New fee for federal worker unions’ use of agency resources
Transfer of space shuttle to a nonprofit in Houston from the Smithsonian’s National Air and Space Museum

And that is only a partial list. The ruling deleted at least some elements of this obscene effort to rob the poor to further enrich the plutocrats–at least from the Senate version.

As Simon Rosenberg recently reminded readers of his “Hopium Chronicles,” Trump is struggling and unpopular. Despite his efforts to wag the dog, his poll numbers have steadily dropped. Overall, his approval is down 20 points from week one, but perhaps more significant is the evidence that his incursions into the Black, Latino and youth votes are dissipating. In week one, 29% of Black voters approved of him; that number is now 12%. Hispanic approval has fallen from 42% to 30%. And the  approval of those between the ages of 18 and 29 has gone from 48% to 28%.

Rosenberg credits the thousands of grassroots groups that have emerged across the country, and the creation of 
new media organizations like Meidas Touch and COURIER Newsroom. (He also notes that Substack is becoming a powerful new platform for our politics–part of the way that news and media consumption habits have changed in the past year.) 

We’ve also seen the emergence of an entire new network of pro-democracy legal organizations, focused on defense of the Constitutional order, and increased pro-democracy activism by the nation’s 23 Democratic Attorney Generals.

New leaders are emerging, rising to the moment, breaking though (Newsom, Pritzker, Crockett, Murphy, Frost, AOC, Booker, Slotkin, Mamdani, etc)

We are communicating who we are right now through our opposition to Trump and our work to prevent his assault on the middle class, weakening of our health care system and abandonment of the Constitutional order. I think these fights are helping connect us to the core of who we are – champions of every day Americans, proud patriots who love this country and are willing to fight for it.

The good news is that good Americans are making what John Lewis called “Good Trouble.”
 

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