The Constitution The Republicans Can't Stand

This post was written by PFAW President Michael B. Keegan and originally appeared in the Huffington Post.

If you are running for office as a Republican today, you have to mention your reverence for the Constitution at least as much as you mention your love for Ronald Reagan.

The Second Amendment-- every word should be taken literally because it was literally ordained by God! The First Amendment protects my right to discriminate against gay people! Neither the Constitution nor the Bible contains the word "Obamacare"!

But Republican politicians have a few glaring blind spots when it comes to the Constitution. One of those is the 14th Amendment, a pillar of our inclusive democracy, a key component of which Republican presidential candidates are now asking us to ignore or change.

In its infamous Dred Scott decision in 1857, the U.S. Supreme Court ruled that the descendants of enslaved people were disqualified from U.S. citizenship. After we fought a civil war, the U.S. ratified the 14th Amendment to the Constitution in 1868, which overturned Dred Scott in its opening lines, declaring, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

During the congressional debate over the 14th Amendment, both its supporters and detractors recognized that this birthright citizenship clause would apply to everyone born on U.S. soil, not just the descendants of slaves. In 1898, the Supreme Court ruled that even after the passage of the discriminatory Chinese Exclusion Act, the U.S.could not deny citizenship to Wong Kim Ark, a California-born son of Chinese immigrants, because the 14th Amendment guaranteed him citizenship.

Yet, anti-immigrant activists and their allies in the GOP are now fighting against this most American of constitutional principles.

In an immigration plan released this week, GOP presidential front-runner Donald Trump called for ending birthright citizenship. No matter that he didn't say how he would do that(while most people acknowledge that it would take a constitutional amendment to change the policy, some claim it was never included in the 14th Amendment in the first place). His Republican rivals started jumping to join him. Scott Walker told reporters that he "absolutely" wanted to change the Constitution's definition of citizenship, adding, paradoxically, that "to me it's about enforcing the laws in this country." Ben Carson said it "doesn't make any sense" to allow "anchor babies." Bobby Jindal joined the fray. So did Lindsey Graham. Rand Paul and Rick Santorum had already expressed their support for undoing the citizenship provision, with Paul sponsoring a constitutional amendment to do so and Santorum saying the 14th Amendment doesn't even say what it says.

Jeb Bush has been getting unearned credit for acknowledging that birthright citizenship is a "constitutional right" that we shouldn't "take away" -- just a few days after implying that if he had a "magic wand" to change the Constitution he would use it to do just that. Similarly, John Kasich has renounced his previous support for repealing birthright citizenship, but now says he doesn't want to "dwell on it." Carly Fiorina's and Rick Perry's passionate defense of the 14th Amendment is that it would take too much work to change it. This is what now passes for moderation. What ever happened to defending basic constitutional rights?

The Republican presidential contenders' rush to badmouth a basic constitutional right -- in an apparent attempt to appeal to their supposedly Constitution-loving far-right base -- speaks volumes about what they really mean when they talk about constitutionalism. They use their pocket Constitutions for the parts that come in handy. The rest of it? Not so much.

PFAW

The Right Sees 2016 as a Chance to Take Over the Supreme Court, Reverse Marriage Equality

Right-wing leaders have spent the past month denouncing as illegitimate and tyrannical the Supreme Court’s June 26 decision that declared state laws banning same-sex couples from getting married to be unconstitutional. In addition to waging a campaign of resistance to the ruling, right-wing activists are looking toward the 2016 presidential elections as a chance to pack the Court with far-right justices who will overturn the decision.

Journalist Paul Waldman argued recently that 2016 will be a Supreme Court election because right-wing voters will be motivated by anger over their losses on marriage and health care, even though “the Roberts Court has given conservatives an enormous amount to be happy about” – gutting the Voting Rights Act and giving corporations and zillionaires the right to spend as much as they want to influence elections, and much more.

Waldman says even though the Court’s conservative are likely to do more damage to workers’ rights and women’s access to health care during the next term, “All that is unlikely to banish the memory of the last couple of weeks from Republicans' minds, and you can bet that the GOP presidential candidates are going to have to promise primary voters that they'll deliver more Supreme Court justices like Alito, and fewer like Anthony Kennedy or even Roberts.”

Indeed, presidential candidates have been making such promises.

  • Jeb Bush told right-wing radio host Hugh Hewitt that he would focus on “people to be Supreme Court justices who have a proven record of judicial restraint.”
  • Donald Trump denounced Jeb Bush for having supported the nomination of Chief Justice John Roberts, even though Roberts has presided over the most corporate-friendly Court in modern history and vigorously dissented from the marriage equality ruling. A Trump advisory said Supreme Court appointments were among the “many failings of both the Bush presidencies.”
  • Ted Cruz has vowed to make the Supreme Court “front and center” in his presidential campaign; he called the Court’s rulings on marriage equality and the Affordable Care Act among the “darkest 24 hours in our nation’s history” and is calling for constitutional amendments to limit Court terms and require justices to face retention elections.
  • Marco Rubio: “The next president of the United States must nominate Supreme Court justices that believe in the original intent of the Constitution and apply that. We need more Scalias and less Sotomayors.”
  • Rick Perry: Former Texas Gov. Rick Perry said he is disappointed with the ruling and pledged to "appoint strict Constitutional conservatives who will apply the law as written."
  • Chris Christie: “If the Christie-type justices had been on that court in the majority, we would have won those cases in the Supreme Court rather than lost them.”
  • Bobby Jindal: "So it's not enough just to get a Republican in the White House, we need to have a Republican that will appoint justices that actually read the Constitution. [Justice Antonin] Scalia said it best on the Obamacare case. He said 'look, this means that words no longer have meanings. This means we've got a court where they don't read the Constitution, they don't read a dictionary.'…"It's time to get some justices that will stop being politicians, stop obeying the public opinion polls, and actually read and obey the Constitution."
  • Mike Huckabee, who has made an attack on “judicial supremacy” the centerpiece of his presidential campaign, said. “I guarantee you in a Huckabee administration there will be very different kind of people appointed to the court.”
  • Scott Walker denounced the Court’s decision on marriage, saying “The states are the proper place for these decisions to be made, and as we have seen repeatedly over the last few days, we will need a conservative president who will appoint men and women to the Court who will faithfully interpret the Constitution and laws of our land without injecting their own political agendas.

Candidates are responding to the demands of right-wing leaders and organizations, who see the 2016 election as a chance to cement right-wing control of the Supreme Court for a generation.

The National Organization for Marriage says that the definition of marriage should be a “pivotal issue” in 2016, and called on Americans to elect a president who will appoint "new justices to the Supreme Court who will have the opportunity to reverse" the decision to legalize same-sex marriage nationwide.

At a Heritage Foundation panel discussion on the Court’s marriage ruling, Carrie Severino of the right-wing Judicial Crisis Network, declared, “The next president will likely have one, two, maybe three Supreme Court nominations,” adding that the Court’s Obergefell ruling “is not the final decision in this series….”

She also looked ahead to the elections and the “generational impact” of future Supreme Court justices:

“I think it’s important to have judges on the court that are going to be faithfully interpreting the Constitution, and therefore to make sure that there’s a president in place, and senators in place, who recognize the overarching importance of this issue….

Ryan Anderson of the Heritage Foundation said that Justice Kennedy’s majority opinion in Obergefell cited “new insights” into marriage and that a Court with more right-wing justices could use their own “new insights” to overturn the marriage equality decision. He urged the anti-marriage-equality movement to conduct new research into gay parenting (citing the widely discredited Mark Regnerus study on “family structures) to give future right-wing justices some justification for overturning the recent ruling. 

“I could see a situation in which the Court has a different composition, as Carrie mentioned, chances are the next president will have up to four seats to fill. At Inauguration Day three of the justices will be in their 80s and one of them will be 78. So there’s a chance that there will be a different composition of the Court. And if there are new insights into marriage, and new insights into the rights of children, that could be a possibility for the Court to reconsider.

Also weighing in, the notorious Frank Schubert, architect of the anti-equality movement’s anti-gay messaging strategy:

The court’s decision will also powerfully inject marriage into the 2016 presidential contest. The most direct course to reverse this ruling lies in the next president appointing new justices to the Supreme Court. Social conservatives will do everything possible to ensure that the Republican nominee is a strong pro-marriage champion, making this a litmus test throughout the GOP primaries and caucuses.

Paul Waldman says that, believe it or not, John F. Kennedy was the last Democratic president who had the chance to nominate a replacement for a conservative Supreme Court justice. Given the age of the justices, he says, “it would be strange if at least one or two didn't retire in the next president's term (the last three presidents each appointed two justices).”

If the next president gets that chance, no matter which party he or she comes from, it will profoundly affect the court's direction. If a Republican could appoint someone to replace Ginsburg or Breyer, it would mean a 6-3 conservative majority, which means that Kennedy would no longer be the swing vote and there would be a margin for error in every case. If a Democratic president were to replace Scalia or Kennedy, then the court would go from 5-4 in favor of the conservatives to 5-4 in favor of the liberals.

Those two outcomes would produce two radically different Supreme Courts, with implications that would shape American life for decades.

If progressives want to see a Court that vigorously protects the right to vote, that does not regularly bend the law in order to give more power to the already-powerful, that recognizes that the “equal” in “Equal Protection” means what it says, that does not regard the separation of church and state as some jurisprudential mistake, and that understands that Americans have a right to limit the corrosive influence of money on our elections, then they should make the Court an overriding issue for progressives in the 2016 elections.  Those who see a very different role for the Supreme Court, and wish for a very different America, have already made the connection.

 

PFAW

Some Questions for the Republican Candidates

As the leading Republican presidential candidates prepare to take the stage on Thursday for the first official presidential debate, we know that they all share a common goal of promoting an far-right agenda in the White House.

We don’t expect to get much clarity on the Republicans’ extreme positions on Thursday. But if we had the chance to moderate the debate, here’s some of the questions we’d ask each of the candidates:

  • Jeb Bush: Why are you catering to the anti-immigrant base of the Republican Party by condemning undocumented immigrants to second class status through denying them any path to citizenship?
  • Scott Walker: You have an abysmal record when it comes to the environment and fighting against climate change. But just like you’ve punted on so many other critical questions, you’ve never actually told us your position on climate change. So, do you deny the science of climate change or do you accept that it’s a reality that must be addressed?
  • Mike Huckabee: You’ve compared Obama and abortion rights to the Nazis and their genocide. How and why did you think that was appropriate?
  • Ted Cruz: Why did you cook bacon on a machine gun?
  • Ben Carson: You’ve compared Obamacare to slavery. How is ensuring access to quality, affordable healthcare – as the ACA does – like slavery in any way?
  • Marco Rubio: This past April, before the Supreme Court ruled on marriage equality, you said that anyone who believes that gay people have a constitutional right to marriage has a “ridiculous and absurd reading of the U.S. Constitution.” Is that still your belief today?
  • Rand Paul: In a talk you once explained that while direct cheating is off the table, “I would sometimes spread misinformation. This is a great tactic.” What are some examples of times that you’ve “misinformed” the American people?
  • Donald Trump: How does deporting 11 million undocumented immigrants or denying spousal rape make America great again?
PFAW

Dolores Huerta and Activists Protest ALEC and Scott Walker

The call and response chant, “Tell me what democracy looks like,” “This is what democracy looks like!” rang true as activists rallied against the American Legislative Exchange Council (ALEC) during its annual meeting in San Diego this week.

ALEC is a far-right organization that connects corporate executives to policy makers in order to craft and enact state-by-state legislation that raises corporate profits while stomping on the rights and economic prospects of working families. For instance, ALEC is behind Arizona’s anti-immigrant SB 1070 law and the “Stand Your Ground” law in Florida that helped George Zimmerman to walk free.

At the protest, more than a thousand participants from faith communities, labor unions, environmental groups, immigration groups, and more proclaimed that ALEC corrupts democracy by allowing corporations to – literally – buy a seat at the table with state legislators.  Common Cause President Miles Rapoport described the ALEC meeting as “a festival of closed-door deal-making by politicians, corporate executives and lobbyists. They gather to do the public’s business in private, fashioning legislation that undercuts the public interest.”

Civil rights leader and People For the American Way board member Dolores Huerta revved up the crowd, telling activists, “The only way we can stop [ALEC] is to go back to our communities, we’ve got to organize. People do not know how perilous this organization is. Let’s say ‘abajo (that means down) con ALEC!’”

After Huerta’s speech, activists – including a Young Elected Official (YEO) with the YEO Network, a project of People For the American Way Foundation – sought out Huerta to introduce themselves and share the work they're doing in their communities.

Activists then walked to the hotel where the ALEC meetings are being held to continue the protest. Huerta and others highlighted the message that Republican presidential candidate Scott Walker – who spoke this morning at the conference – and ALEC are unified in their support for corporations at the expense of working families.

In addition to participating in the rally, PFAW released Spanish- and English-language digital ads criticizing Walker for his alliance with ALEC. The Huffington Post also published an opinion piece yesterday by Huerta that details the anti-immigrant, anti-worker efforts of ALEC and how Walker has a long history of partnering with ALEC.
 

PFAW

PFAW's New Spanish Language Ad Highlight's Scott Walker's Allegiance to Corporate Interests

With Scott Walker set to address the annual meeting of the far-right, corporate-led American Legislative Exchange Council (ALEC), PFAW released Spanish-language and English-language digital ads highlighting Walker's choice to headline the corporate bill factory's national conference in San Diego. Civil rights icon and PFAW board member Dolores Huerta released the following statement:

Voters need to know that this week, Scott Walker is choosing to headline the annual convention of ALEC, the corporate-run organization that brought us Arizona's anti-immigrant law SB 1070 and has long championed anti-worker, anti-environment legislation.

"Given Walker's decades-long alliance with ALEC, it's no surprise that he's standing with them now as he begins his presidential campaign. While Walker has turned his back on working families, he gladly stands up for corporate interests that hurt our community through his work with ALEC."

Read more about PFAW's Scott Walker ads.

PFAW

Wisconsinites: Don’t Let Walker Do to America What He Did to Wisconsin

A crowd of roughly 300 rallied against Scott Walker Monday evening at his presidential announcement in Waukesha, Wisconsin. People from across the state shared their stories of his extreme agenda as governor, touching on the environment, labor, immigration and a host of other issues.

People For the American Way, Voces de la Frontera Action, Americans United for Change, We Are Wisconsin, and a coalition of more than 20 local and national grassroots activist groups led the gathering. Wisconsinites spoke out about Walker’s far-right policies, as well as his close relationship with the Koch brothers who have vocally expressed their support of his candidacy.

PFAW and Voces de la Frontera Action also emphasized how terrible a Scott Walker presidency would be for the Latino community. Yesterday, the groups launched a Spanish-language radio ad criticizing Walker for supporting mass deportation policies, eliminating in-state tuition for DREAMers, and drastically cutting education funding. PFAW board member and civil rights icon Dolores Huerta also spoke out against Walker, warning that a Walker presidency would be “devastating.” She reminded voters that “as governor, [Walker] gutted education funding, lied to voters about his anti-choice stances, and attacked workers’ rights.”

Walker is currently positioned as a favorite among the growing list of GOP candidates; however, his campaign began on a rocky note after Walker called the minimum wage a “lame” idea. Previously, he’s drawn criticism for calling mandatory ultrasounds “a cool thing,” as well as backing an extremely conservative abortion ban in the Wisconsin legislature. He has also called himself a “lifelong supporter of the pro-life movement,” compared teachers protesting in Wisconsin to ISIS and claimed that equal pay is used to “'pit one group of Americans versus another.”

Walker, who called his presidential bid “God’s will,” is the 14th GOP candidate to join the race.

PFAW

GOP targets Latinos’ ability to vote

This piece by People For the American Way Political Coordinator Carlos A. Sanchez originally appeared in Fox News Latino.

Even as a diverse coalition of Americans unite around the principle that voting rights are an essential American principle that needs to be protected, the Republican Party remains firmly committed to doing the opposite. Their continued push for policies that make it more difficult for people to vote disproportionately affects minority and young voters.

Republicans – including leading Presidential candidates – have for years been pushing initiatives that make it harder to vote. Jeb Bush supports states’ efforts to enact voter ID laws, and as governor, he restricted early voting and infamously purged 12,000 eligible voters before the 2000 presidential election. Marco Rubio asked, “What’s the big deal?” with voter ID laws. Scott Walker enacted what has been described as “one of the most restrictive voter ID laws in the country.”

Voter ID laws systematically target Latinos’ and other minorities’ ability to vote. In 2012, measures to restrict voting could have affected over 10 million Latino voters. A Brennan Center for Justice study reported, “In Colorado, Florida, and Virginia, the number of eligible Latino citizens that could be affected by these barriers exceeds the margin of victory in each of those states during the 2008 presidential election.”

And it’s no accident that these laws disproportionately affect Latinos. A separate study from last year found “a solid link between legislator support for voter ID laws and bias toward Latino voters, as measured in their responses to constituent e-mails.” And yet another study that was released earlier this year found that even in states without voter ID laws, Latinos were targeted: “Election officials themselves also appear to be biased against minority voters, and Latinos in particular. For example, poll workers are more likely to ask minority voters to show identification, including in states without voter identification laws.”

Some Republicans have explicitly made known their intentions of suppressing Latino and African-American voters in order to win elections. Over 30 years ago, ALEC-founder and co-founder of the Heritage Foundation Paul Weyrich spoke plainly:  “I don’t want everybody to vote…As a matter of fact, our leverage in the elections quite candidly goes up as the voting populace goes down.” Republican after Republican has continued in his footsteps: An Ohio GOP County Chair stated he supports limits on early voting because, “I really actually feel we shouldn’t contort the voting process to accommodate the urban – read African-American – voter-turnout machine.” Pennsylvania House Speaker Mike Turzai believed voter ID laws would “allow Governor Romney to win the state of Pennsylvania.” Former GOP Precinct Chair Don Yelton used the “n” word as he tried to deny that a voter ID law in North Carolina was racist (and he explained that “the law is going to kick the Democrats in the butt”). Conservative activist and notoriously anti-immigrant Phyllis Schlafly said, “The reduction in the number of days allowed for early voting is particularly important because early voting plays a major role in Obama’s ground game.” Schlafly’s Eagle Forum endorsed Marco Rubio in his run for Senate (here’s a lovely picture of the two of them) and applauded Scott Walker for his opposition to legal immigration.

The Republican response to the growing power of minority voters could not be clearer: shut them out of the election process. Under the guise of fighting voter fraud, despite a striking absence of evidence that fraud exists, Republican-led chambers across our nation have moved in concert to restrict access through the polls for political reasons. It’s that simple.

What’s even more upsetting is to hear a group who claims to represent the best interests of a community choose to ignore the facts in favor of their funder’s agenda.  Daniel Garza, executive director of the Libre Iniative, said he’s fine with voter ID laws and that he doesn’t think Republicans are trying to suppress the Latino vote. Libre is a Koch-funded GOP shadow group that time and again turns its back on the Latino community – for example, Libre supported Republican candidates who opposed immigration reform in 2014. Garza’s support for voter ID laws is yet another instance of him and Republicans supporting a policy that’s devastating to Latinos.

It’s time for the Republican Party to end their campaign against voting rights—and for people like Daniel Garza to stop giving them cover when they do it.

Carlos A. Sanchez is the Coordinator of Political Campaigns for People For the American Way.

PFAW

Scott Walker Doesn't Get Why His 'Cool' Ultrasound Remark Was So Offensive -- And That's The Problem

This post originally appeared on the Huffington Post.

Gov. Scott Walker was chatting recently with right-wing radio host Dana Loesch about his efforts to set up regulatory hurdles to abortion access in Wisconsin, when heoffered this defense of a law he signed that would require a woman to undergo a medically unnecessary ultrasound before exercising her constitutionally protected right to an abortion:

I'm pro-life. I've passed pro-life legislation. We defunded Planned Parenthood, we signed a law that requires an ultrasound. Which, the thing about that, the media tried to make that sound like that was a crazy idea. You know, most people I talked to, whether they're pro-life or not, I find people all the time that pull out their iPhone and show me a picture of their grandkids' ultrasound and how excited they are, so that's a lovely thing. I think about my sons are 19 and 20, we still have their first ultrasounds. It's just a cool thing out there.

Right Wing Watch, a project of People For the American Way, was listening to the show and brought attention to Walker's comments, and they understandably hit a nerve.

Sure, an ultrasound could be "cool" if you are a woman carrying a healthy child, surrounded by family, love and support and making your own medical choices along with your doctor. Or you are excited grandparents looking forward to years of joy with a child. What's not "cool" is if the state mandates that you undergo a medically unnecessary procedure in an effort to prevent you from making a choice that you, an adult woman whose circumstances your politicians have no right to know or judge,have already made and are unlikely to change

Even less "cool" is the fact that the ultrasound bill was passed as part of an explicit effort to undermine women's access to health care. Its companion bill was an "admitting privileges" requirement, a common anti-choice tactic, that threatened to close two abortion clinics in the state. Since then, Walker has boasted to anti-choice leaders of using deceptive rhetoric about the ultrasound bill in order to downplay its true intentions.

Unlike the ultrasounds of the Walkers' children, forced ultrasounds like these aren't the kind that anyone wants to show off. What's astonishing is that Walker doesn't seem to get this. Instead, he's accusing the "gotcha" media of being "biased" and "lazy" and twisting the meaning of his comments. Unfortunately, some of the media are taking him at his word.

Walker's remarks weren't twisted. You can listen to his whole answer to the questionhere. The problem is that Walker just doesn't seem to get why what he said was so offensive. For someone who wants to be president, that's deeply troubling.

PFAW

It’s a Radical Right Red Meat Feast as 2016 GOP Primary Kicks Off with a Bang

Over the weekend, likely Republican 2016 presidential candidates stepped up to the microphone at two extremist events to throw red meat at their Radical Right base and prove their ultraconservative bona fides in the run up to primary season.

Here’s a taste of what went down at Iowa’s so-called Freedom Summit, hosted by Rep. Steve King – who is most famous for his radical and dehumanizing anti-immigrant rhetoric.

Union-busting Wisconsin Governor Scott Walker won the day with the most well-received speech, in which his biggest applause came when he bragged about his party’s attempts at voter suppression in his state, saying, “we required in our state, by law, a photo ID to vote.”

Former Arkansas Governor and 2008 Iowa Caucus winner Mike Huckabee said states should ignore Supreme Court rulings favorable to marriage equality.

New Jersey Governor Chris Christie played up how staunchly anti-choice he is.

Senator Ted Cruz made the case for caucus voters to weed out anyone but extreme right-wing candidates. “Every candidate is going to come to you and say they are the most conservative person that ever lived,” Cruz said. “Talk is cheap.”

And at a separate Religious Right event, hosted by SPLC-designated hate group the American Family Association, Louisiana Governor Bobby Jindal discussed the need to enshrine discrimination against same-sex couples in the Constitution, promoted Islamophobic conspiracy theories and closed his speech with the statement “our god wins.” That event, titled The Response, perfectly embodied the dangers of mixing religion with politics in the way that the Right so loves to do.

By making political issues – even incredibly important ones, and even ones that are historically divisive – litmus tests for their followers’ religious conviction, they cast their opponents not only as wrong, but as evil and satanic, allowing for no possibility of compromise and making even civil coexistence difficult.  

It was a lot of what you’d expect – unfortunately – but that doesn’t make it any less terrifying. These are the people who are setting the agenda for one of America’s two major parties – and the one that right now controls both houses of Congress.

Read more and check out video from both events at RightWingWatch.org.

UPDATE: Jon Stewart's can't-miss segment on the Freedom Summit from the Daily Show (video courtesy of Comedy Central):

PFAW

Walker's Failed Record Counters Current Ad’s Job Promise

Gov. Scott Walker released an ad Thursday morning promising that he “won’t stop until everyone who wants a job, can find a job.”

This sounds strangely familiar to the empty promise of his 2010 campaign. Back then, Walker repeatedly promised that he would create 250,000 private-sector jobs during his four-year term beginning in January 2011. He even emphasized that this number was “a minimum, not a maximum.”

It’s 2014, and that goal has not been met.

In fact, during his re-election tours, Walker avoided talking about his failure to create the 250,000 jobs altogether.

Protests outside a Scott Walker fundraiser on Friday prove that Wisconsinites are not falling for his empty promises. It’s time for Walker to be held accountable for his shady practices and to be voted out of office this November.

PFAW