13th Amendment

“Originalism” And “Textualism”: The Battle For The Future Of Constitutional Government Against The Late 18th Century!

The battle over how to interpret the Constitution in the 21st century is in full swing, with the extremist right wing Supreme Court majority emphasizing “Originalism” and “Textualism” as their basic ideological doctrine!

They want America to be judged by late 18th century interpretations, which means they challenge Alexander Hamilton and his “broad” interpretation of the Constitution.

Hamilton emphasized a broad interpretation, not a strict interpretation, of the Constitution, saying it needed to be a living document.

Even Thomas Jefferson, the original ideological opponent of Hamilton, came to recognize that Hamilton was correct, and so backed away from his original strict intepretation to support the Louisiana Purchase deal with France in 1803, doubling US territory and insuring that no other foreign power would gain further control in North America.

If one is to judge the Constitution by “originalism” and “textualism”, then America should not have had the multitude of changes that has made America a democracy, including among others:

Creation of Cabinet Agencies
End of African American Slavery by Amendment 13
Civil Rights Laws And Amendments (14, 15)
Women’s Suffrage (19)
Federal Government Agencies and Regulations
Federal Income Tax Amendment (16)
Democratizing of the US Senate by Amendment 17
Limitation of Presidential Terms by Amendment 22

This battle is over the future as compared to the limitations of the past, and America has come too far to allow the right wing interpretation to dictate the future of the nation!

161st Anniversary Of Abraham Lincoln’s Emancipation Proclamation!

Today, New Year’s Day 2024, marks the 161st Anniversary of Abraham Lincoln’s Issuance of the Emancipation Proclamation in 1863, a bold move that his own Presidential Cabinet thought was inadvisable.

While it only ended slavery at the time in areas under Union Army occupation during the Civil War, it was a pledge that the eventual victory of the United States over the Confederate States of America, when and if it occurred, another 27.5 months into the future, would see the concept of the ownership of human beings by other human beings would come to an end.

It must be pointed out, however, that the Emancipation Proclamation alone could not end slavery, as it was written into the US Constitution by the Founding Fathers at the Philadelphia convention of the Constitutional Convention in 1787.

Only the battle to add the 13th Amendment to the Constitution in 1865 could end slavery long term, and set America up as a promoter of democracy.

Now, sadly, we see the party of Lincoln moving backward on the principle of promoting racial equality, and appealing to the ugliness of racism and nativism, as it enters an election year seemingly captive to the most dangerous man ever to hold the Presidency, Donald Trump!

2024 must see the end of the menace of Donald Trump by a total commitment to defeat his attempt at a comeback, and move away from the dangers of MAGA Republicans!

Republican Party, The Party Of Conservatives Abraham Lincoln And Ronald Reagan: Really, Lincoln A Conservative?

As the Republican Party is imploding, we are hearing Florida Senator Marco Rubio and others talk about how Donald Trump is not a conservative, like Abraham Lincoln and Ronald Reagan, and that Trump cannot be allowed to inherit their conservatism.

Really?  Abraham Lincoln  a conservative?  Give us all a break!

Lincoln was NOT a conservative, as he challenged the Establishment of his time in so many ways, including opposing any expansion of slavery!

Lincoln waged war on the South, to prevent their successful secession from the Union, and that is NOT conservatism!

Lincoln moved to promote freedom of the slaves, via the Emancipation Proclamation and the 13th Amendment, and that is NOT conservatism!

Lincoln promoted a major national government commitment to a transcontinental railroad, and that is NOT conservatism!

Lincoln promoted creation of a national banking system; a national currency; the first federal income tax; the first land grant colleges; the Department of Agriculture added to the Presidential cabinet; the Homestead Act; and set up the first military draft; and all of this list is NOT conservatism!

Lincoln was a Liberal, a Progressive, who believed in the use of Presidential power and authority!

Lincoln became the inspiration for another Republican President, Theodore Roosevelt, who is condemned by conservatives, because he believed, as Lincoln did, in in expansion of federal authority, and assertion of Presidential authority and Social Justice, a la Abraham Lincoln!

That is why it is two Liberals, two Progressives, Lincoln and TR, on Mount Rushmore, because they were NOT conservatives!

 

150th Anniversary Of 13th Amendment, Ending Slavery: Abraham Lincoln’s Enduring Legacy!

Yesterday, December 9, was the 150th Anniversary of the ratification of the 13th Amendment, ending slavery, lobbied for and pushed through by the efforts of President Abraham Lincoln, his most enduring legacy!

The Republican Party and its first President were totally principled and decent in what was done 150 years ago, and yet slavery in a different form would continue, with a century of legal segregation of the races, until Lyndon B. Johnson engineered the Civil Rights Act of 1964.

And unjust imprisonment of African Americans. as well as people of other races and ethnic backgrounds and poor people of all races, due to inability to have proper legal representation and a biased legal system, including private prisons, means that slavery in a different form has always existed and still flourishes in 2015!

And the Republican Party and its conservative ideologues have completely destroyed the heritage of a party with great Presidents and a list of great members of Congress and governors who carried on the early tradition of the Republican Party a century and a half ago.

Lincoln, Theodore Roosevelt, and Dwight D. Eisenhower, if they came back to 21st century America, would be shocked at what has happened to their party!

So the fight against the mean spirit and lack of compassion and empathy of the modern GOP is a continuing one, as we celebrate the official end of slavery a century and a half ago!

The Complete Reversal Of American Politics: Republicans In The South, Democrats In Large Populated Northeastern, Midwestern And Western States!

The defeat of Louisiana Senator Mary Landrieu on Saturday marks the complete reversal of American politics from the years 1877 to the present.

After the Reconstruction of the South ended, with Union Army troops leaving, twelve years after the Civil War, the South became an area totally dominated by Democrats, resentful of the Republican Party, Abraham Lincoln, the Civil War defeat, and the passage of Amendments 13, 14, and 15, ending slavery, making blacks citizens, and giving the men the right to vote.

The South went into massive resistance, creating Jim Crow segregation to replace slavery, and until the election of Herbert Hoover in 1928 and Dwight D. Eisenhower in 1952, it was always a solid Democratic South with no black voting, due to discriminatory state laws that were ignored by generations of the federal government. Hoover won much of the South due to his Catholic opponent, Alfred E. Smith, in 1928, and Eisenhower won over Adlai Stevenson twice in the 1950s due to his personal popularity and World War II D Day reputation.

But only when the Civil Rights Movement was in full swing, starting in the 1950s, and reaching its peak with the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965 under Lyndon B. Johnson, did we see the beginning of a mass exodus of office holders and ordinary white population, to the Republican Party, starting with Senator Strom Thurmond of South Carolina in 1964, switching parties to back Republican Senator Barry Goldwater against President Lyndon B. Johnson.

As the Democrats started to lose power in the South, the nomination of Southern governors Jimmy Carter in 1976 and Bill Clinton in 1992 and 1996, and the rise of “New South” Governors like them and others in the Democratic Party, slowed up the switch to the GOP.

But the election of Barack Obama, considered anathema in the South, has now led to the entire wiping out of Southern Democrats in Congress, except for black and Jewish members of the House in districts gerrymandered that give the Republicans more total Congressional and state legislative seats in the South. Only a few other white non jewish members of the House remain, and they are endangered in the political climate of the South in 2014.

Only Virginia has both its Senators and Governor (Mark Warner, Tim Kaine, Terry McAuliffe) as Democrats, and only Florida has one other Democratic Senator, Bill Nelson at this point, as we enter 2015.

And both Virginia and Florida have Republican dominated legislatures, as well as the other states that made up the Confederate States of America.

And, of course, Florida includes the heavily Northern South Florida, and Virginia has the heavily Northern North Virginia, influenced by being part of the DC suburbs, and otherwise, these three Senators and one Governor would not be in public office.

So the complete reversal of a century and a half ago has occurred, and is unlikely to be changed for a generation or more, at the least.

This means that the South will remain as it is now for a generation or more, and that the issue of race nearly a century and a half ago, again stands out as the key difference that separates that section from the rest of the country.

Meanwhile, the heavily populated areas of the nation in the Northeast, Midwest and West are more Democratic than ever, and are unlikely to change either over time, creating political deadlock long term over the future, stifling change and creating constant political conflict and deadlock!

Conservative Right Wing Attack On The Constitution: The Threat Of Another Constitutional Convention Wiping Out Constitutional Amendments!

The Founding Fathers gave us a Constitution, admitting in the process that there would always be room for improvements, so made clear that amendments were appropriate over time.

So we have had 27 Amendments, including the first ten that make up the Bill of Rights.

When one looks at the amendments, particularly those that came after the Bill of Rights, one realizes that the vast majority of them were “progressive” in tone, designed to expand democracy in America, or else, amendments dealing with the office of the Presidency.

So the “progressive” amendments included the 13th (ending slavery and involuntary servitude); the 14th (promoting due process and equal protection and making African Americans citizens); the 15th (guaranteeing the right to vote for African Americans and others which had been denied that right); the 16th (providing for a federal income tax to raise revenue to deal with mounting social and economic issues); the 17th (granting the people the right to elect their two United States Senators by popular vote); the 19th (guaranteeing women the right to vote); the 23rd (guaranteeing residents of Washington, DC the right to vote); the 24th (preventing a poll tax for voting); and the 26th (guaranteeing young people 18-21 the right to vote).

So nine of the seventeen amendments after the first ten of the Bill of Rights promote progressive change, while the 12th, 20th, 22nd and 25th deal with the office of the Presidency.

The only amendment that was ever passed to limit the freedom of Americans was the 18th (prohibition of liquor), but later repealed by the 21st Amendment.

Now we have the real threat by right wing conservatives, including the Tea Party Movement, who want a new Constitutional Convention to wipe out these “progressive” amendments!

They do not like voting rights for African Americans, other minorities, women, residents of Washington DC (mostly African Americans) and young people; and they are unhappy that African Americans are considered equal under the law, and if they had the ability to do so, they would love to re-enslave poor people, which by corporate power is occurring in an informal way for many minorities, as well as white lower class people struggling every day to survive!

And they wish they could restore the US Senate elections to the corrupt state legislatures, taking away the popular vote. Finally, they hate the federal income tax, even though many of them avoid substantial taxation by having investments, rather than working for a living like most of us do. So they would prefer a sales tax, which is regressive, and would hurt the middle class and the poor much more than the wealthy elite!

But that is exactly the extremist right wing intention—to restore the “good old days” when they were in charge, and everyone had to kowtow to them!

We must not allow such a threat to develop, so the battle for progressivism is never ending, as a result!

Republicans, Race, And The Confederate South: Successors To Old Southern Democrats!

The Republican Party, the party of Abraham Lincoln; the Emancipation Proclamation; the 13th, 14th, 15th Amendments; large scale support for civil rights in the 1960s; and having three progressive Southerners as President (Lyndon B. Johnson, Jimmy Carter, Bill Clinton); and many New South Governors (including Jimmy Carter, Reuben Askew, Dale Bumpers, Bill Clinton), has now fully adapted itself to the old Confederate South, the old Southern segregationist Democrats, the South that wants the “good old days” of slavery and discrimination that existed before the Civil War and continued for another century until the civil rights movement transformed the South, or seemed to do so.

The fact is that the old Confederate South still exists, and the Republicans have become the successor to the old racist, Southern Democrats. Many of the members of Congress from the South and the Border States have no problem spewing racist statements, and backing racists, including, just recently: Cliven Bundy, Donald Sterling, Paula Deen, George Zimmerman, Ted Nugent–all of whom identify with the Republican Party.

At the same time, the majority of the Supreme Court, appointed by Republicans, have weakened the Voting Rights Act enforcement and have now made affirmative action something that will be ended, rather than reformed; and the use of abusive language toward the first African American President has been done with absolutely no sign of any respect or deference for a person in the Presidency, who at least has the right to expect that. Some would say that every President suffers abuse, but none since Abraham Lincoln has faced as much hate and personal threats as Barack Obama.

Additionally, the Republican Party has done everything it can to limit the right to vote to African Americans and other minorities as the only way for them to keep power in the South, but also in the heartland, as well!

It is indeed sad that the GOP has become what conservatives love to condemn the old Southern Democrats for doing, but indeed have copied–a party of support of racism and inequality of treatment!

Transformative Presidents In Domestic Affairs: Impact On American Democracy!

With Presidents Day coming up on Monday, it is a good time to reflect on which Presidents were transformative in domestic policy making.

The list of Presidents who made a real difference in domestic affairs would include the following, chronologically:

George Washington—under whom a National Bank and protective tariff, promoted by Secretary of the Treasury Alexander Hamilton, were adopted, having a long range effect on America’s growth.

Thomas Jefferson—under whom recognition of the wisdom of Alexander Hamilton’s economic policies was recognized.

Abraham Lincoln—under whom a promotion of the transcontinental railroad, adoption of the Homestead Act providing free land for settlers, revival of a centralized banking system, and the enactment of the 13th Amendment ending slavery, occurred.

Theodore Roosevelt—under whom conservation of natural resources became a major policy, the first regulation of meat, food and drugs took place, the first intervention in labor disputes without an anti labor attitude evolved, and first anti trust law suits succeeded in breaking up monopolies.

Woodrow Wilson—who accomplished the most domestic reforms until his time, including labor laws, agricultural credit legislation, the Federal Reserve being created, and the first regulatory commission for big business (the Federal Trade Commission) was created.

Franklin D. Roosevelt—under whom the New Deal transformed America domestically with a myriad of programs, including labor laws, Social Security, agricultural aid, and public works programs, with anti trust law suits being pursued.

Lyndon B. Johnson—under whom the Great Society programs, including ideas of Harry Truman and John F. Kennedy not accomplished in their terms in the Presidency, were passed into law, including civil rights, education, Medicare, the War on Poverty, and numerous other programs, including consumer and environmental legislation, the most change since the New Deal.

Richard Nixon—under whom the Environmental Protection Agency, the Consumer Product Safety Commission, the Occupational Safety Health Administration, and Affirmative Action were passed into law.

Barack Obama—under whom a national health care law was passed, the most significant legislation since the 1960s.

Other Presidents who had an impact, to a lesser extent, include:

Grover Cleveland
William Howard Taft
Harry Truman
Dwight D. Eisenhower
John F. Kennedy
Jimmy Carter
George H. W. Bush
Bill Clinton
George W. Bush

Public Inauguration Of President Obama On Martin Luther King Jr. Day On Monday

The public inauguration of President Obama will be held at 12 Noon on Monday, January 21, which is also the day we celebrate the life and heritage of the Reverend Dr. Martin Luther King, Jr.

A King Bible and an Abraham Lincoln Bible will be used to bring together the strands of the American past, connecting what Lincoln did–issuing the Emancipation Proclamation and working for the 13th Amendment to the Constitution, which freed the slaves; and King’s leadership of the civil rights movement—both events the forerunner of the election and reelection of our first African American President of the United States, a major plus for the American image in the world.

It is expected that those who have come to celebrate the inauguration will number about half of the 1.8 million people, including this author, who attended in 2009.

This time, the author is watching on television from the comfort of his family room!

A Day To Celebrate Promotion Of Human Rights: 150th Anniversary Of Emancipation Proclamation!

Today marks the most momentous day in all of American history, regarding the promotion of human rights! It is the 150th anniversary of the issuance by President Abraham Lincoln of the Emancipation Proclamation!

Lincoln had issued the Preliminary Emancipation Proclamation on September 22, 1862, five days after the bloody Battle of Antietam, the bloodiest day in the Civil War. His entire cabinet was opposed to what he did, and had doubts about the final issuance of the Emancipation Proclamation 100 days later.

But Abraham Lincoln had the guts, the courage, the conviction that ending slavery was an essential part of the advancement of American democracy, and would help promote the victory of the Union forces over the Confederacy.

Lincoln knew that the Emancipation Proclamation was only a pledge to end slavery, and that the only true way to bring it about was military victory, and the passage two years later of the 13th Amendment to the Constitution, an event excellently portrayed in the movie LINCOLN, with Daniel Day-Lewis portraying the events leading to the passage of that amendment by the House of Representatives.

Slavery’s end did not mean an easy time or adjustment for African Americans or the nation, as racial violence and discrimination would be a sad part of the future, but it was a necessary step forward on the march of human rights, including later passage of the 14th Amendment, the 15th Amendment, the 19th Amendment, the 26th Amendment, the various Civil Rights Acts (1866, 1875, 1957, 1960, 1964, 1965, 1968), and significant Supreme Court decisions on civil rights of women, minorities, labor, young people, and gays and lesbians.

The march of time has been toward the granting of greater human rights, but it all began with Lincoln’s courageous gamble, 150 years ago today, and for that, as so much else, all Americans should salute him today!

And it is inspiring to see massive lines at the National Archives in Washington, DC, as the Emancipation Proclamation is on view for a limited time to celebrate the event, but with the need to preserve a document which is in fragile condition after a century and a half of existence.

What Lincoln did in 1863 is connected to the whole long range story of American history, the expansion of human rights for all, and this is what draws foreigners to wish to come to America, the land of liberty and opportunity!