Friday, July 27, 2018

Protecting the Constitution and Democracy (MN Governor's Race)

The Constitution of the State of Minnesota was approved in a special election on October 13, 1857 and ratified by the United States Senate on May 11, 1858 making us 160 years old this year! It contains 14 articles, each with numerous sections. It has been amended nearly 120 times. The constitution contains our fundamental principles, the law of our land.

Article 1 contains 17 sections and makes up our Bill of Rights, many of which mirror the United States Bill of Rights. I’d like to highlight the first three sections as I’d argue the outline the fundamentals of democracy.

Section 1. Object of government. Government is instituted for the security, benefit and protection of the people, in whom all political power is inherent, together with the right to alter, modify or reform government whenever required by the public good.
Section 2. Rights and privileges. No member of this state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers. There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted.
Section 3. Liberty of the press. The liberty of the press shall forever remain inviolate, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right.

The term “democracy” comes from the Greek roots, demos and kratos. Demos means common people and kratos means strength. So, democracy is a form of government which gives strength to the common people, you and me. And, it’s right there in the first section of the first article of our constitution. Government is instituted for the security, benefit, and protection of the people. All political power is inherent, together with the right to alter, modify, or reform government whenever required by the public good. And, no member of this state shall be disenfranchised or deprived of any of the rights or privileges secured to any citizen thereof.

So, how do we claim this inherent right to create a government that gives strength to the common people? Voting. We choose representatives from amongst ourselves that form our governing bodies. We choose these people. This is on us. What Minnesota stands for, what the United States stands for, who represents our voices and speaks for us, is on us.

For the most part, Minnesotans know this. In the 2016 election, we had the highest voter turnout by percentage in the country. Nationwide, only 55% of voters actually voted, but in Minnesota, our number was close to 75%. Still, that was a drop for our peak performance of 78.77% in 2004. But, those are presidential elections. During our last midterm election (2014), only 50.51% of eligible voters voted. Midterms matter. A lot. This midterm matters. A lot. Voting is our strongest opportunity to make our voice heard. Voting is our democracy in action. And, only half of us are showing up. Only half of us are exercising our strength, our power.

The right to vote is a powerful, hard-fought-for right. It is the foundation of our democracy, it belongs to every citizen, and it faces ever-present threats, probably the greatest of which is sheer apathy. And, there are many that benefit from that apathy. They don’t want you to know your own power or strength. They don’t want you to be paying attention. They don’t want you to vote.

Voter suppression has thrived throughout our history and is alive and well today. African Americans have experienced voter suppression throughout the history of our country. The constitution was amended to ensure that no person was refused the right to vote based on race (15th amendment in 1870), yet states have found ways around that ever since. Immediately, southern states started amending their constitutions to enact various voter restrictions such as literacy tests, poll taxes, property ownership requirements, moral character tests, and grandfather tests which allowed people to vote only if their grandfather had voted (excluding African Americans as their grandfathers had been slaves.) Not until the 1950’s and 60’s during the Civil Rights Movement was a whole host of legislation enacted to protect the African American vote.

So, we’re good now, right? Everybody gets to vote and it’s totally fair? Of course not. Because in recent years, thinly veiled attempts at suppressing the African American vote have sprouted up in the form of Voter ID laws. The claim is that Voter ID laws are common sense and that they prevent voter fraud despite the fact that multiple sources have found instances of voter fraud to be rare. From 2000 to 2014, there were only 31 instances out of 1 billion ballots cast that would have been prevented by voter ID laws. In-person voter fraud, as it currently happens, would have no chance of swinging an election.

What does swing elections? Voter ID laws (which happen to be rather expensive as well as discriminatory). Voter ID laws disproportionately exclude minorities, young people, low-income voters, seniors, and women. Voter ID laws are the modern day version of literacy tests, property ownership requirements, and grandfather tests. Any barrier to voting, manipulating the vote, or having each vote count is a threat to democracy.

And women, we didn’t secure the right to vote until 1920 (19th amendment)! And, it wasn’t as though the men running the country at that time just woke up one day and said, “Hey, let’s have the women vote now.” It was a movement. It took over 40 years from the introduction of the 19th amendment to the adoption of the 19th amendment. It was a hard fought battle marked with protests, imprisonments, and many of the arguments we hear to justify oppression today: giving women the right to vote would threaten the family institution, a woman’s highest duty is motherhood, women’s suffrage opposes God’s will, women can’t handle the responsibility and lack the necessary knowledge and would thereby weaken the government due to this ill-informed electorate (note: literacy tests and property owner requirements suppressed the female vote, too). And, before you go rage at the men in your life for the sexism of their ancestors, note that the most prominent anti-suffragists were women.

Many powerful people don’t want you to vote. Why? It lessens their power and gives it back to the people, where it belongs. It lessens their power to buy off their legislators. The 2010 Citizens United Supreme Court Decision determined that corporations and unions could contribute unlimited funds in essentially advertising for or against a candidate. Out of this decision, Super PAC’s were born. These Political Action Committees cannot directly contribute to a candidate’s campaign, but raise more money than either political party giving them power on behalf of the candidates or issues. There is a strong argument for the viewpoint that this enabled elections to simply be bought by the super wealthy and the government is no longer “for the people.” No longer a true democracy. This extends into the belief that elected officials do not represent the people and they are forced to vote on issues based on where their funding comes from or risk losing their seat.
"Latin Earmuffs"


And, then there’s gerrymandering-drawing election boundaries for partisan gain. Take a look at Illinois’s fourth district, for example. It is nicknamed “Latin Earmuffs” because it connects 2 predominantly Latino neighborhoods by just one road! This packs all the votes for Democrats into one district, weakens the Latino vote, and gives Republicans a stronger chance to win surrounding districts despite being vastly outnumbered. Gerrymandering is one of the strongest threats to democracy. Not only does it create a governing body that is not representative of the people, it encourages voter apathy by ensuring that their vote won’t carry the weight that it should. Additionally, it removes motivation for legislators to compromise because voting districts are manipulated to include or exclude voters who primarily identify with only one party, so that elected officials become vulnerable to only primary challengers and not general election challengers from an opposing party. Why compromise when you know you’ll get elected over and over again?

Now, what about Article 1, Section 3 of our constitution? The liberty of the press shall forever remain inviolate. Inviolate=free or safe from injury or violation. A free press is foundational to a democracy. The people in power should never control the information because they can then bend it in any way they please. The press serves the people. Attacks on the press are dangerous and irresponsible, yet very intentional. Today’s effort to discredit the press undermines our democracy by attempting to control the information and discredit facts and information that run contrary to the messaging of the administration. In the words of Hugo L. Black, while arguing the landmark 1971 case, The New York Times Company vs. The United States, which made it possible for The Times and the Washington Post to publish the classified Pentagon Papers without risk of government punishment or censorship, “Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people.”

Democracy means strength of the common people. This is our government. These are our representatives. This is our vote. Voting is how we make our voice heard. It’s how we decide the laws of the land and the voices that represent us. There are many intentional barriers to exercising that fundamental right to vote and they threaten our democracy. Don’t let yourself be one of them. Cast it with pride. Cast it in every election. Be a part of our democracy in spite of voter suppression efforts, in spite of having to register first, in spite of insurmountable campaign financing flaws, in spite of gerrymandering. Overcome the obstacles. They are there to keep you from voting. Don’t let them. Make your voice heard. Exercise your power, your strength. Vote.

Here is where the candidates stand on the constitution and democracy:

Jeff Johnson (R): Candidate Johnsons says that the state and federal constitutions are not a list of suggestions, but concrete operating rules for our government. He views the constitution as his job description as governor.

Erin Murphy (D): Candidate Murphy says we must pass meaningful campaign finance reform, including the expansion of public financing of elections, to make it easier for citizens to see who is funding elections. She supports having an independent judicial panel making decisions about how district lines are drawn to avoid gerrymandering. She wants automatic voter registration when Minnesotans turn 18. She will veto Right-to Work legislation and work to expand collective bargaining. She will work with the press to make sure they have the information necessary to inform Minnesotans about policy-making at the capitol. She will restore the vote to Minnesotans who have served their time for felony convictions.

Tim Pawlenty (R): Candidate Pawlenty vetoed automatic voter registration in 2009 saying that registering to vote should be an intentional, voluntary act. In 2010, he signed a bill that brought Minnesota’s campaign finance laws in line with the Citizens United Case.

Tim Walz (D): Candidate Walz recently held a town hall in Mankato and called gerrymandering a fundamental problem. He said, “I gave the pledge that my goal is that in Minnesota we should have nonpartisan, citizen or judicial redistricting to have fair districts.” At that same town hall he called the money in campaigns for public office a fundamental flaw because it discourages people from running.

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