Category: Civil Rights
The Nation reports that venerable civil rights organizations are selling out on the issue of Net Neutrality. Literally.
[T]elecoms are desperate for third-party approval, and have even resorted to fabricating community support for their anti–net neutrality lobbying campaign. Perhaps the bigger picture here is how so many of the old civil rights establishments have become comfortable with trading endorsements for cash. Verizon, Comcast, AT&T and other telecom companies have donated, either directly or through a company foundation, to nearly every group listed on the anti–net neutrality letters filed last week. We saw a similar dynamic play out with Walmart when the retailer handed out cash to civil rights groups in order to buy support for opening stores in urban areas.
Times have changed. Just as Martin Luther King Jr.’s children have embarrassingly descended into fighting bitterly over what’s left of his estate, the civil rights groups formed to advance Dr. King’s legacy seem willing to sell out their own members for a buck.
The U.S. Supreme Court decision to refuse to hear our case concerning Section 1021(b)(2) of the National Defense Authorization Act (NDAA), which permits the military to seize U.S. citizens and hold them indefinitely in military detention centers without due process, means that this provision will continue to be law. It means the nation has entered a post-constitutional era. It means that extraordinary rendition of U.S. citizens on U.S. soil by our government is legal. It means that the courts, like the legislative and executive branches of government, exclusively serve corporate power—one of the core definitions of fascism. It means that the internal mechanisms of state are so corrupted and subservient to corporate power that there is no hope of reform or protection for citizens under our most basic constitutional rights. It means that the consent of the governed—a poll by OpenCongress.com showed that this provision had a 98 percent disapproval rating—is a cruel joke. And it means that if we do not rapidly build militant mass movements to overthrow corporate tyranny, including breaking the back of the two-party duopoly that is the mask of corporate power, we will lose our liberty.
The Brennan Center for Justice recently published this history of the Second Amendment and the NRA. The Second Amendment was construed entirely differently in years past than it is now. The NRA was an entirely benign organization until a few decades ago. It’s amazing to see how something can evolve into its opposite, but that is par for the course for a symbolic species like human animals.
In the end, it was neither the NRA nor the Bush administration that pressed the Supreme Court to reverse its centuries-old approach, but a small group of libertarian lawyers who believed other gun advocates were too timid. They targeted a gun law passed by the local government in Washington, D.C., in 1976—perhaps the nation’s strictest—that barred individuals from keeping a loaded handgun at home without a trigger lock. They recruited an appealing plaintiff: Dick Heller, a security guard at the Thurgood Marshall Federal Judiciary Building, who wanted to bring his work revolver home to his high-crime neighborhood. The NRA worried it lacked the five votes necessary to win. The organization tried to sideswipe the effort, filing what Heller’s lawyers called “sham litigation” to give courts an excuse to avoid a constitutional ruling. But the momentum that the NRA itself had set in motion proved unstoppable, and the big case made its way to the Supreme Court.
The argument presented in District of Columbia v. Heller showed just how far the gun rights crusade had come. Nearly all the questions focused on arcane matters of colonial history. Few dealt with preventing gun violence, social science findings or the effectiveness of today’s gun laws—the kinds of things judges might once have considered. On June 26, 2008, the Supreme Court ruled 5-4 that the Second Amendment guarantees a right to own a weapon “in common use” to protect “hearth and home.” Scalia wrote the opinion, which he later called the “vindication” of his judicial philosophy.
After the decision was announced, Heller stood on the steps of the court for a triumphant press conference. Held aloft behind him was a poster bearing that quote from Patrick Henry, unearthed by the scholars who had proven so important for the successful drive: “Let every man be armed.”
This man and I do have some differences of opinion, it seems. It wouldn’t bother me much except that he is the Chief Justice of the Alabama Supreme Court.
“Speaking at the Pastor for Life Luncheon, which was sponsored by Pro-Life Mississippi, Chief Justice Roy Moore of the Alabama Supreme Court declared that the First Amendment only applies to Christians because “Buddha didn’t create us, Mohammed didn’t create us, it was the God of the Holy Scriptures” who created us.
“They didn’t bring the Koran over on the pilgrim ship,” he continued. “Let’s get real, let’s go back and learn our history. Let’s stop playing games.””