Point of View Columns

Weekend Edition – December 6, 2013

It appears that there is a new crime in Rochester, New York – Living While Black. Meanwhile there is a hope among comedy fans that Donald Trump will actually run for the office of governor of the State of New York. And finally, in a dramatic intersection of stupidity and power, a Teapublican congressman has seriously advocated the nuclear bombing of Iran.

Living While Black

In Rochester, New York you can find the grave of Frederick Douglass. It is also the birthplace of the Eastman Kodak Company. Now it turns out is also the place where racism and law enforcement have engaged in a noxious embrace.

Just before Thanksgiving three African American teenagers were waiting for a bus in Rochester, a bus that would take them to basketball practice. As far as anyone knows, there is nothing else remarkable about three high school youngsters going to practice. They weren’t stealing, assaulting, menacing, threatening or harassing anyone.

Nevertheless an enterprising representative of the Rochester Police Department seems to have set aside his white hood long enough to arrest these three young men on the charges of disturbing the peace. And this would have been just another classic illustration of the jailification of young black men if singer/actress Audra McDonald and MSNBC host Lawrence O’Donnell didn’t bring this miscarriage of justice to the attention of this nation.

Finally the charges were dropped although the young men and their parents are still waiting for an apology. Meanwhile, we can be sure that they are not the only, or last, young black men to be stopped and arrested on the charge of Living While Black.

Send in the Real Clowns

The leaders of the New York State Republican Party are reported to have journeyed to the lofty perch of Donald Trump to persuade him to run for governor of the State of New York in 2014. Presumably, these scions of the Republican Party actually believe that Donald Trump gives them the best chance of unseating the current incumbent, Andrew Cuomo.

We can also assume that they are not aware that the New York State Attorney General is bringing a multimillion dollar lawsuit against Donald Trump for running a fake school that was called “Trump University” – a university that was not accredited anywhere on this planet and conferred no degrees.

We can also assume that these leaders of the Republican Party missed Donald Trump making a total fool of himself as the temporary leader of America’s Birthers during the 2012 presidential campaign. And they probably missed the fact that his multiple corporate bankruptcies have left bondholders and contractors holding the bag – a bag worth millions of dollars.

Meanwhile, in some dark secluded place Governor Andrew Cuomo is praying that Donald Trump will be his opponent.

Power + Stupidity = Danger

Earlier this week, Congressman Duncan Hunter (R.CA), a senior Teapublican member of the House Armed Services Committee actually advocated a presumptive nuclear attack on Iran. Aside from the sheer, blunt headed stupidity of such a proposal, Congressman Hunter’s statement is also dangerous.

Imagine what would be going on in the United States if a senior mullah in Iran started speaking publicly about attacking this country. There would be more than a few chicken hawks who would feel they had all the justification for a preemptive strike – right now!

But somehow the Iranian government is supposed to be persuaded than an elected senior member of a key congressional committee “didn’t really mean it” and was just speculating out loud.

When power meets ignorance the result is always very dangerous.

Have a great weekend – stay strong and be great!

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Point of View Columns

When You are Living in a Glass House

At the end of last week, after lengthy and sometimes rancorous debate the New York State Legislature passed a bill legalizing same-sex marriage and that bill was signed into law by Governor Andrew Cuomo immediately thereafter. New York is the largest and most populous state to have legalized same-sex marriage, a point that is useful to keep in mind since a number of states have proposed to outlaw or have already prohibited such unions.

Leading the charge against same-sex marriage has been the Catholic Church. Not content with prohibiting Catholics from entering into same-sex marriages, the leaders, cardinals, bishops and priests have proclaimed that their view of morality and the will of God are so divinely inspired that they have the right to impose that view on non-Catholics as well.

Freedom of speech and freedom of religion certainly empowers these prelates to state their point of view. But if what underlies their speech is the right to deny freedom to others, all freedoms are devalued. After all, there was a time when Roman emperors viewed all Christians as enemies of the state and put them to death for their beliefs. How odd it is that 2000 years later Catholics pronounce political death sentences on politicians that do not support their point of view.

As a practicing Catholic I certainly would feel less queasy about the political activism of the Catholic Church if the now vocal leaders haven’t been oh so silent on the issue of child abuse by Catholic priests. The vehement statements of outrage against same-sex marriage dwarf any statements of dismay, disgust or apology by the Catholic Church when it comes to the abuse of children by priests.

Entire parishes and archdioceses have been bankrupted by the damages awarded to the victims of the Catholic Church. Yet the acknowledgements of guilt and complicity have been tepid when compared to the bellicose roar of the church hierarchy in denying the legitimacy of expressions of love that do not comport with their moral universe.

And the Catholic Church is not the only glass house resident that should be very wary of stones in the neighborhood. Congresswoman Michelle Bachmann, the new “It” girl of the G.O.Tea Party has proclaimed that as president she would lead the battle to have a constitutional amendment outlawing same sex marriage throughout the entire United States.

To my recollection, this is the same Michelle Bachmann who has ranted against the intrusion of government into the private lives of Americans. This would be the same Michelle Bachmann who is leading the mock battle against the mock demon called “big government”.

Personally, I cannot think of a greater intrusion into the private lives of Americans than for government to dictate who can marry whom and what relationship is valid and valued and what relationship is invalid and devalued. Visions of “big government” and Big Brother come to mind as we watch the borders between church and state being smeared and obliterated by those who would presume to place their moral standards above those of others.

Since Michelle Bachmann went to law school one could reasonably expect that she would shy away from the apparent contradiction of wishing to reduce the intrusion of government in the lives of Americans on one hand while wielding the Thor-like hammer of the Constitution of the United States to smash the rights of privacy and the freedoms of love and association that Americans supposedly enjoy. The constitutional and legal glass house in which she resides cannot possibly stand up the stones of hypocrisy that she is casting with her own hand.

The point is not the obduracy of the Catholic Church or the mindless and pathetic hypocrisy of Michelle Bachmann. The point actually goes beyond the current debate regarding same-sex marriage and civil unions.

I would suggest that we are witnessing the renaissance of a time best left forgotten when imposing moral standards and views on life were accomplished with threats and violence. Ostensibly, the clearly wobbly beliefs of the framers of the Constitution were tested by issues like slavery and suffrage for women. But the sound concepts of freedom and the rights of individuals bound by a union focused on the common good are worth remembering and citing.

Those sound concepts are being remixed and spun in ways that are taking us back into a time of intolerance and injustice. It is time to remember that in such matters it can get late early.

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Point of View Columns

A New York State of Mind

As you are reading this column the New York State legislature will have passed a budget that contains over $10 billion in spending cuts. The budget largely reflects proposals from recently elected New York Governor Andrew Cuomo and it appears that the New York budget scenario is being played out in state capitals across the country.

A few facts – Governor Cuomo is the son of the historically liberal former New York Governor Mario Cuomo and worked for the historically progressive former President Bill Clinton as Secretary of Housing and Urban Development. He was elected as the progressive alternative and antidote to the toxic right wing of the right wing gubernatorial candidate Tom Golisano.

The public in New York and throughout the country has understood that local, state and federal budgets are in need of reformation and restructuring. The damage wrought by the great economic collapse of 2008 cannot be overstated.

Years of treating taxation as punishment instead of part of the price that all people (and corporations) pay for living in a civil society has created unsustainable imbalances that have to be rectified.

The turning point in these fiscal discussions has been focused upon whether these budget battles are going to be about dollars and sense or will they be about reforming the social and political landscape in this country. There are those who are willing to pursue a prudent social services agenda while also being fiscally prudent.

And then there are those who are willing to use the public sector fiscal crisis as a Trojan horse that will permit entry inside the gates built by a century of progressive reform so that they can begin to dismantle the safety nets for all citizens.
The New York state budget is a case in point.

Governor Cuomo and the legislature have determined that no tax increases are possible. Indeed, in the new budget any New York citizen who makes over $200,000 per year will get a tax cut. Meanwhile statewide aid for education will be cut by $1.25 billion and Medicaid benefits will be cut by $2.8 billion.

And certainly, and most clearly, the citizens of New York who earn the least, who own the least and who control the least will be the ones who will bear the brunt of these budget cuts.

This scenario is being replayed from Wisconsin to California to Washington, D.C. The balanced budget mantra is overlaid with the themes of reducing the tax obligations of the wealthiest Americans (and corporations) and reducing the services provided to citizens, especially the citizens with the fewest resources and the greatest need.

There is an empty and heartless meanness to this approach that transcends the numbers and figures that are in a budget discussion. The suggestion that it somehow makes sense that a corporate behemoth like General Electric has a final tax bill of zero while Headstart programs are closed and veterans’ benefits are cut is difficult to comprehend.

Just as no one is entitled to great wealth, no one is entitled to unnecessary hardship and misery – particularly in a country with the highest standard of living in the history of the Planet Earth.

The sense of community that brings citizens together into a caring and cohesive entity is clearly fraying. Perhaps this is attributable to the fact that the sense of shared obligation has been diluted to a point that it is hardly noticeable.

Spending has been supported at the local, state and federal level for everything from football stadiums to bridges to nowhere and the taxation consequences have been largely deferred or ignored.

As is the case for every celebration, there is a bill that has to be paid. It would seem logical, fair and patriotic that those who have benefited the most from American society would have to pay their fair share of the cost of that society.

The constant caterwauling about “no new taxes” might make sense in some other circumstance, but not during a time of crisis. That point seems to be lost upon those who see taxes as punitive and view cutting social services as the only logical choice.

Americans who lived through the Great Depression and World War II learned about shared responsibility and common sacrifice out of necessity. And out of that necessity was born the G.I. Bill and the beginning of the largest middle class expansion in world history up to that point.

That sense of shared responsibility and common sacrifice resulted in everything from the national highway initiative to the Great Society to landmark civil rights bills.

If you wonder if any of those bills would pass today you only need to look at the scorched earth that resulted from the debate and passage of the recent healthcare bill and you will have your answer.

Blanche Dubois was probably wrong to depend on the kindness of strangers. But I do believe that Americans should be able to depend on the compassion and concern of their fellow citizens.

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Be My Guest

Sobering and Encouraging News From the 2010 Midterm Elections – Guest Column by Professor Charles J. Ogletree, Jr.

The November 2010 elections had a lot of interesting results. First, it is clear that the Tea Party movement must be taken seriously,
Because it galvanized support around the country and removed Democrats and Republicans from incumbency positions.

More importantly, it was clear that much of the country was sour on the economic woes, searching for more jobs, and hoping to find ways to get our dollar moving in right direction. Despite the incredible efforts by President Obama in achieving significant economic success with the approval of the $800 billion stimulus and the new health-care bill, many saw the effort as reckless spending by Democrats rather than
meeting the critical needs to save jobs and improve the health of our nation’s people.
President Obama heard the criticism loud and clear and has not only agreed to work with Republicans, but has also called for meetings in November with the top Republican leadership.

This is a positive and encouraging sign. Despite the overall success of Republicans by reclaiming leadership in the House, Democrats still have a narrow lead in the Senate and will still be able to insist that parties come together to meet the enormous challenges that our economy faces.

There may well be some sunshine behind these dark clouds. The states of MA, CA, and NY remain largely Democratic. Barbara Boxer and Jerry Brown won important positions against strenuous and expensive opponents to become California’s Democratic Senator and Governor, respectively.

At the same time, Andrew Cuomo was elected as the new Governor of New York, and both Senators Schumer and Gillibrand were re-elected to terms in the Senate.

Furthermore, MA had a clean sweep. After the shocking Scott Brown victory just months ago, Governor Deval Patrick, the first African American governor of the state, was reelected by a considerable margin, and all eight of the Ddemocratic House members were re-elected, several of whom faced their first serious challenges in many years.

Massachusetts is different, of course, but the Scott Brown victory, carried as it was by strong Tea Party support, was supposed to be a road map of sorts for Republicans to make serious inroads. Instead, the results, including the staggering defeat of initiatives to roll back affordable housing and the state sales tax suggest that voters understand the complexities of issues beyond sound bites.

Indeed, although Republican Charlie Baker sought to paint Deval Patrick as a colossal failure, voters repeatedly praised the governor for his steady hand in difficult times and thought that he deserved another term in office.

As was true for Deval Patrick this year in Massachusetts, 2012 will be a defining year for both President Obama and his future leadership, as well as for the Democratic Party’s ability to regain control over two branches of government.

If there is any chance of securing the presidency in 2012 and maintaining the Senate as well as possibly reconfiguring the House, it will require action on at least two levels.

In terms of policy, Democrats will have to articulate a compelling economic platform, supported by significant job growth in addition to demonstrating more genuine determination to address the obvious frustration and anger that is so prevalent in this country.

In terms of voter outreach, President Obama and his fellow Democrats will have to tap into the enthusiasm he was able to create with voters in 2008 generally and especially with
black and young voters.

Again, contrary to popular caricatures, Massachusetts can stand as a bellwether. Going into the election the prevailing opinion was that here, as across the nation, Republicans would be swept into office on the tide of an enthusiasm gap. The expectation was that their emotional support for their candidates would motivate their voters to the polls in overwhelming numbers.

I am not a polling expert, but while that may have been the case elsewhere in the country, here in Massachusetts we did in fact have near record turnout and the results suggest that the enthusiasm gap may not be as large as projected.

Charles J. Ogletree is Jesse Climenko Professor at Harvard Law School, the founder of the school’s Charles Hamilton Houston Institute for Race and Justice, and the author of numerous books on legal topics.

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