Robert Reich's writes at robertreich.substack.com. His latest book is "THE SYSTEM: Who Rigged It, How To Fix It." He is Chancellor's Professor of Public Policy at the University of California at Berkeley and Senior Fellow at the Blum Center. He served as Secretary of Labor in the Clinton administration, for which Time Magazine named him one of the 10 most effective cabinet secretaries of the twentieth century. He has written 17 other books, including the best sellers "Aftershock,""The Work of Nations," "Beyond Outrage," and "The Common Good." He is a founding editor of the American Prospect magazine, founder of Inequality Media, a member of the American Academy of Arts and Sciences, and co-creator of the award-winning documentaries "Inequality For All," streaming on YouTube, and "Saving Capitalism," now streaming on Netflix.

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  • 12

    The Republicans of the Supreme Court


    Monday, July 1, 2013

    In order to fully understand what the five Republican appointees on the Supreme Court have been up to when they make decisions that affect our democracy, as they did last week on voting rights, you need to understand what the Republican Party has been up to. 

    The modern GOP is based on an unlikely coalition of wealthy business executives, small business owners, and struggling whites. Its durability depends on the latter two categories believing that the economic stresses they’ve experienced for decades have a lot to do with the government taking their money and giving it to the poor, who are disproportionately black and Latino.

    The real reason small business owners and struggling whites haven’t done better is the same most of the rest of America hasn’t done better: Although the output of Americans has continued to rise, almost all the gains have gone to the very top. 

    Government is implicated, but not in the way wealthy Republicans want the other members of their coalition to believe. Laws that the GOP itself championed (too often with the complicity of some Democrats) have trammeled unions, invited outsourcing abroad, slashed taxes on the rich, encouraged takeovers, allowed monopolization, reduced the real median wage, and deregulated Wall Street.

    Four decades ago, the typical household’s income rose in tandem with output. But since the late 1970s, as these laws took hold, most Americans’ incomes have flattened. Had the real median household income continued to keep pace with economic growth it would now be almost $92,000 instead of $50,000. 

    Obviously, wealthy Republicans would rather other members of their coalition not know any of this – including, especially, their role in making it happen. Their nightmare is small-business owners and struggling whites joining with the poor and the rest of the middle class to wrest economic power away. So they’ve created a convenient scapegoat in America’s minority underclass, along with a government that supposedly taxes hardworking whites to support them.  

    This is where the five Republican appointees to the Supreme Court have played, and continue to play, such an important role. 

    First, wealthy Republicans have to be able to spend as much money as possible to bribe lawmakers to do their bidding, tell their version of history, and promulgate several big lies (the poor are “takers not makers,” government keeps them “dependent,” the wealthy are “job-creators” so cutting their taxes creates more jobs, unions are bad, regulations reduce economic growth, and so on). 

    The five Republicans on the Supreme Court have obliged by eviscerating campaign finance laws. Their 2010 decision in Citizens United v. Federal Election Commission, along with the broad interpretations given it by several appellate judges (also Republican appointees), has opened the money floodgates.  

    Second, wealthy Republicans want to quietly reduce the impact of any laws that might limit their profits, even though they may help struggling whites as consumers or employees. The easiest way to execute this delicate maneuver is to make it harder to sue under such laws.  

    Here, too, the five Republicans on the Court have been eager to oblige by tightening requirements for class actions and limiting standing to sue. In their recent Comcast Corp. v. Behrend decision, for example, they threw out $875 million in damages that a group of Philadelphia-area subscribers had sought from the cable giant, reasoning that the subscriber plaintiffs hadn’t proven they constituted a “class” for the purpose of a class action.

    Third and finally, wealthy Republicans want to minimize the votes of poor and minority citizens – and further propagate the myth that these people are responsible for the economic problems of struggling whites – through state redistricting and gerrymandering, voter-identification requirements at polling stations, and the use of almost any pretext to purge minority voters from voting lists. 

    The five Republicans on the Court obliged last week by striking down a section of the 1965 Voting Rights Act that sets the formula under which states with a long history of discrimination must ask the federal government or a judge for approval before changing their voting procedures. 

    The significance of Shelby County, Alabama vs. Holder was made plain Thursday when the Court effectively nullified two cases involving Texas voter laws by sending them back to lower courts to reconsider in light of Shelby. One was a voter identification requirement, enacted in 2011, that a federal judge had rejected on grounds that it imposed a disproportionate burden on lower-income people, many of whom are minorities. The other was a redistricting plan, also rejected by a federal court, in part because it would block minorities from gaining a majority vote in almost all districts. 

    But now both are effectively reinstated, as are the efforts of several other states to suppress votes. 

    Supreme Court justices are appointed for life in order to ensure their independence from politics. But when it comes to the core political strategy of the Republican Party, the five Republican appointees are, in effect, an extension of the GOP. 

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  • The Real Debate Over American Citizenship


    Tuesday, February 5, 2013

    Sometimes we have a national conversation without realizing it. We talk about different aspects of the same larger issue without connecting the dots.

    That’s what’s happening now with regard to the meaning of American citizenship and the basic rights that come with it. 

    On one side are those who think of citizenship as a matter of exclusion and privilege – of protecting the nation by keeping out those who are undesirable, and putting strict limits on who is allowed to exercise the full rights of citizenship. 

    On the other are those who think of citizenship inclusively – as an ongoing process of helping people become full participants in America. 

    One part of this conversation involves immigration. I’m not just referring the question of whether or how people living in the United States illegally can become citizens. (Courtesy of our fast-growing Latino population, 70 percent of whom voted for President Obama last November, we’re far closer to resolving that one than we were a year ago.) 

    It’s also a question of who we want to join us. Engraved on a bronze plaque mounted inside the lower level of the pedestal of the Statue of Liberty are Emma Lazarus’ immortal words, written in 1883: “Give me your tired, your poor/ Your huddled masses yearning to breathe free/ The wretched refuse of your teeming shore./ Send these, the homeless, tempest-tost, to me.”

    By contrast, a bipartisan group of lawmakers last week introduced a bill giving priority to the highly skilled. “Our immigration system needs to be … more welcoming of highly skilled immigrants and the enormous contributions they can make to our economy,” said one of its sponsors, Florida Senator Marco Rubio.  

    So is the priority to be those who need us, or those whom we need? 

    Another part of the same larger conversation concerns voting rights – the means by which citizens participate in our democracy. 

    Long waiting lines depressed voter turnout last November, especially in cities where Democrats outnumber Republicans. One study showed blacks and Hispanics on average had to wait nearly twice as long to vote as whites. Some gave up trying. 

    Voter registration is part of that issue, along with what sorts of proof of citizenship states may require. Dozens of legal challenges and lower-court decisions were made in the months leading up to the November election. Some are heading to appellate courts. 

    Congressional Democrats are pushing legislation to require states to ease voting requirements – allowing more early voting, online voting, and quicker means of registering. Meanwhile, the Supreme Court is preparing to hear a major challenge to the Voting Rights Act of 1965 potentially giving states more leeway to tighten voting standards.

    A different aspect of the citizenship conversation concerns the rights of corporations to influence elections. The Court’s bizarre 2010 decision in “Citizens United versus Federal Election Commission” – deeming corporations people under the First Amendment, with unlimited rights to spend money on elections – didn’t consider the question of corporate citizenship as such. 

    But it’s likely to become a big issue in the future as large American companies that pour lots of money into our elections morph into global corporations without any particular national identity. 

    Most of Chrysler is owned by Fiat, and most of Fiat is owned by non-Americans. Both IBM and GE have more non-American employees and customers than American, and foreign ownership of both continues to increase. At what point do these global entities forfeit their right to influence U.S. elections?

    And then there’s the growing debate about whether American citizens have the right to a trial by an impartial judge and jury before the government executes them. 

    You might think so. The Constitution guarantees American citizens “due process” of law. But a “white paper” from the Justice Department, recently obtained by NBC News, argues that an “informed, high-level” government official can unilaterally decide to put an American citizen to death without any judicial oversight if that official decides the citizen in question is an operational leader of Al Qaeda or one of its allies. 

    Even if you trust high-level officials in the current administration, their argument should give you pause. The relative ease by which targeted drones can now kill particular individuals far from recognized battlefields (as did the drone attack on American-born Anwar al-Awlaki in Yemen in September, 2011) raises uncomfortable questions about the protections accorded American citizens, as well as the potential for arbitrary decision making about who lives or dies. 

    They may seem unrelated, but all these issues – who gets to be an American citizen, how easily American citizens can vote, whether global corporations are American citizens entitled to influence our elections, and whether American citizens are entitled to a judge and jury before being executed – are pieces of the same larger debate: Are we more fearful of “them” out there, or more confident about “us”? Is our goal to constrain and limit citizenship, or to enlarge and fulfill its promise? 

    It’s an old debate in America. The greatness of our nation lies in our overriding tendency to choose the latter. 

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