Breaking news and analysis of politics, the economy and activism.
With a decision to block implementation of Wisconsin’s controversial voter ID law for the 2014 election, the United States Supreme Court has opted for common sense and democracy over chaos and disenfranchisement.
After a wild judicial ride that saw the Wisconsin law rejected by a federal judge, approved by an appeals court panel, wrangled over by the full appeals court and then finally moved toward an unexpected and rapid process of implementation in time for the state’s high-stakes November 4 election, the Supreme Court pulled the brakes. In an emergency ruling, the High Court’s 6-3 decision vacated the appeals court ruling, preventing the law from going into effect before it can be reviewed. (The only dissents came from rigidly conservative Justices Samuel Alito, Antonin Scalia and Clarence Thomas.)
Walker, who is seeking re-election this year (even as he prepares to campaign for the 2016 Republican presidential nomination), has steadily defended the voter ID law, just as he has counted on its implementation in time for the November 4 election. For the governor, the High Court ruling is a serious political and policy setback.
For civil rights and voting rights activists, however, it a striking victory. They welcomed the Supreme Court’s ruling as recognition of a reality stated by League of Women Voters of Wisconsin executive director Andrea Kaminski: “Clearly there was not enough time for election officials to educate voters, prepare new materials and implement the law in the short time before the November 4 election.”
Legal and practical concerns about last-minute disruption of the voting process may explain what would otherwise seem to be a confusing pattern of decisions by the High Court, which on Wednesday voted to reinstate voting restrictions in North Carolina. (Another decision, on Thursday evening, by US District Judge Nelva Gonzales Ramos, struck down the Texas Voter ID law, which the jurist dismissed as a “poll tax” that would create “an unconstitutional burden on the right to vote”—especially for Latino and African-American citizens.)
The United States has uneven voting rules and regulations from state to state, and even within states. This invites abuse and disenfranchisement, and the courts and Congress have a broad responsibility to address dysfunctional and discriminatory electoral practices. That responsibility becomes even greater when late-breaking rule changes upset the orderly conduct of elections.
Concerns about chaos in Wisconsin this fall were real—and widespread.
There are plenty of reasons to oppose the sort of voter ID laws that make the simple process of registering and voting more costly and complicated for students, the elderly and people of color. But the chaos factor provided a unique reason for opposing the implementation of Wisconsin’s requirement that voters show government-issued photo identification in order to vote: the chaos factor.
Against strenuous objections from the state’s civil rights, voting rights and good government groups, and from responsible legislators in both parties, Governor Scott Walker and his allies developed one of the most restrictive voter ID laws in the nation. But it got tripped up in the courts and was finally struck down by US District Judge Lynn Adelman.
In a seventy-page decision that was broadly hailed by voting rights activists and legal scholars, the Milwaukee-based federal jurist ripped the law as not just unnecessary but damaging to democracy.
“There is no way to determine exactly how many people Act 23 [the voter ID law] will prevent or deter from voting without considering the individual circumstances of each of the 300,000 plus citizens who lack an ID,” wrote Adelman, a former Wisconsin state legislator with a deep knowledge of the state and its electoral rules and political values. “But no matter how imprecise my estimate may be, it is absolutely clear that Act 23 will prevent more legitimate votes from being cast than fraudulent votes.”
That should have been the end of voter ID in Wisconsin. But then a three-judge panel of conservative Seventh Circuit appeals court judges reinstated the law and declared, “The State of Wisconsin may, if it wishes…enforce the photo ID requirement in this November’s elections.”
The state so wished, and chaos ensured. Plans to mail absentee ballots were suspended. University officials scrambled to figure out which student identification cards were valid for voting, and which were not—and to figure out if additional paperwork was required for those seeking to cast ballots. State and county officials made emergency demands for resources to implement a radical change in voting procedures in a state that has traditionally erred on the side of making voting quick and easy. State agencies were inundated with questions about what sort of ID was needed. Officials in major cities made preparations for long lines and a confusing, chaotic and frustrating Election Day. Civil rights activists worried—even as they scrambled to address the mess—that state Representative JoCasta Zamarripa, D-Milwaukee, would be proven right in her assertion that “this ruling will disenfranchise Wisconsin voters and lower voter turnout in this fall’s election.”
At every community event or forum where I spoke in Wisconsin during the last weeks of September, I was asked questions about the voter ID law. What I said was that no matter how people felt about the law, they should be opposed to its last-minute implementation in so chaotic and dysfunctional a manner. While other states had time to prepare for the implementation of new voter ID requirements imposed by Republican legislators and governors, Wisconsin had not, since the assumption was that Judge Adelman’s highly praised ruling would carry the day.
Congresswoman Gwen Moore, D-Wisconsin, implored the state’s Government Accountability Board, which oversees elections, to delay implementation of the new law until after the November 4 election—arguing that to rush implementation would “create widespread confusion for voters and election officials.”
Walker and his allies rejected the common-sense proposal for a delay.
But the US Supreme Court accepted the logic of the appeals for a delay, with an emergency intervention that Lisa Subeck, the executive director of the activist group United Wisconsin, hailed for preventing voter suppression.
“In a blatantly desperate political move, Walker made last-minute administrative changes to the process of obtaining an ID and nearly succeeded in suppressing the votes of hundreds of thousands of Wisconsinites who lack the required photo identification,” explained Subeck, a Madison city council member who is expected to be elected to the state legislature in November.
“Wisconsin’s law, considered one of the strictest in the nation, is the centerpiece of the Walker administration’s war on voting, and aims to stifle the voices of senior citizens, low-income and minority voters, and students at the ballot box,” added Subeck. “With less than four weeks until election day, the Supreme Court has put the rule of law ahead of the Scott Walker’s political gamesmanship. Tonight’s decision ensures that the right to vote in Wisconsin’s upcoming gubernatorial election will not be infringed upon by an unfair and unconstitutional voter ID law. And I fully expect that Wisconsin voters are now more galvanized than ever to put an end to Walker’s war on voting by making their voices heard in the voting booth on election day.”
The Koch brothers like to meet in secret with their political minions. And, for the most part, the minions prefer to keep their interactions with the billionaire campaign donors on the down low.
But not Chris Christie.
The governor of New Jersey, who currently chairs that Koch-tied Republican Governors Association, and who well understands that a steady flow of dark money will be required to light up his 2016 presidential prospects, is elbowing everyone else aside in his mad rush to defend the billionaire brothers.
A Koch favorite who has appeared at secret summits organized in the past by the major donors to conservative causes and the RGA, Christie has been among their most vocal defenders in recent months. At the the 2014 Conservative Political Action Conference, for instance, he hailed brothers Charles and David Koch as “great Americans who are creating great things in our country.”
Now, as the 2014 midterm elections approach, no one is championing the Kochs more aggressively than Christie—even if that means he has to grab the spotlight from candidates the embattled New Jerseyan is supposed to be assisting.
After The Nation revealed that Arizona Republican gubernatorial candidate Doug Ducey had flown to California in June to attend what was supposed to be a secret summit with the Kochs and the circle of millionaires and billionaires they work with to shape the political discourse, Ducey took a lot of hits at home.
Democratic gubernatorial nominee Fred DuVal demanded that Ducey to renounce the “dark money” support that has benefitted the Republican’s candidacy. DuVal campaign consultant Rodd McLeod offered a checklist of complaints: “Doug Ducey works for out-of-state billionaires, not for Arizona. He goes to meetings with them, gives a secret speech, says you’re known by the company you keep.”
Headlines in the state’s newspapers told the story:
The “kissing up” piece, a column by The Arizona Republic’s Laurie Roberts, began
Well. I suppose it’s safe to say that Doug Ducey won’t be fighting the lords of darkness if he gets into the governor’s office.
Fresh off a primary in which dark-money attacks were launched against any Republican who stood in Ducey’s way, we now learn that Ducey has been cozying up to America’s premier princes of dark money.
As he traveled Arizona, Ducey was bombarded with questions from print and broadcast reporters about why he thought getting together with out-of-state oligarchs at an elite resort was—as the gubernatorial candidate told the Kochs—so “very inspirational.”
Those aren’t the sort of questions a candidate who is in a tight race wants to answer.
So Chris Christie did the answering for Ducey.
Visiting Arizona in his capacity as the chairman of the RGA, Christie was with Ducey when the gubernatorial candidate was asked about his sojourns with those premier princes of dark money.
Yet, though the questions were clearly directed at Ducey, Christie jumped in with the answers.
Such as they were.
Brahm Resnik, one of Arizona’s most prominent political reporters and the host of KPNX-TV’s Sunday Square Off, set the scene, explaining to viewers, “You’ll hear Christie jump in before Ducey could answer my question about why he meets in secret with the Koch brothers. Now, those brothers, Charles and David, are billionaire industrialists who host these beauty pageants for candidates for the benefit of their wealthy donors. Ducey’s campaign has benefited from several hundred thousand dollars from Koch-connected organizations—all the money from anonymous donors. Ducey is also supported by Sean Noble, an Arizona operative who is one of the leading bundlers of Koch brothers’ cash. Now, watch Ducey begin to answer my question a few minutes ago, before Christie jumps in:
DOUG DUCEY: Uh, uh…
CHRIS CHRISTIE: Well, that’s your opinion. Your opinion is that are that these folks are folks with dark money. The facts on Fred DuVal are pretty clear…
BRAHM RESNIK: You’re saying the Koch brothers and these entities are not dark-money givers?
CHRIS CHRISTIE: Listen, what I’m saying very clearly is that everyone has a right to participate in the political process and let’s judge these people up or down based on what they do. But, no, I don’t believe the Koch brothers are that—nor any of these other folks.
Christie dismissed attempts to track the influence of the Koch brothers as “silliness” and “sophistry.”
Ducey’s critics were taking the issue seriously, however.
The DuVal campaign featured links to the tape from the Koch summit, along with media coverage of it, on social media. A tagline read: “Doug Ducey is quietly hanging with billionaires who seem intent, among other things, on privatizing education, killing unions and eliminating government regulations that protect the air we breathe.”
As for the Ducey campaign, it wasn’t highlighting the Koch tape or the tape in which Chris Christie elbows Ducey aside in order to defend billionaires who have the resources and the connections to make or break ambitious Republican politicians like, well, Chris Christie.
Perhaps it is time to drop the pretenses and accept that Hillary Clinton is an all-in, touching every base, dotting every “i” and crossing every “t” candidate for president.
The formal announcement swing will have to be scheduled for some appropriate day—or week—next year. Before it comes, there will, of course, be the final round of “will she?” speculation in the media. But that’s just the dance that is done before the inevitable moment when Clinton makes her move.
The best confirmation of Clinton’s candidacy—short of an actual announcement—came with the detailing (via Politico, the gossip gazette of insider positioning) of the presumed Democratic front-runner’s exceptionally busy schedule for the month leading up to the November 4 midterm elections. Anyone who is serious about running for the presidency in 2016 has to hit the trail in 2014. It’s not just expected, it’s necessary—as it is on the midterm trail that presidential candidates rally the base, test-drive messages and collect commitments from appreciative governors and members of Congress.
Clinton plans to do all of that, and more—maintaining an intense schedule that will have her campaigning in every region of the country, jetting from fund-raising events in California and Florida to rallies in Iowa and New Hampshire.
As someone who has been around presidential politics since her high-school days as a self-described “active young Republican” and “Goldwater girl” and her college days as a New Hampshire volunteer for Eugene McCarthy’s antiwar bid, she well understands the art of midterm campaigning by an all-but-unannounced presidential contender.
By hitting the trail hard and grabbing the spotlight as the midterm voting approaches, even in what could be a tough year for the party, a prospective presidential candidate positions as the great partisan hope. If the party does better than expected, Clinton shares in the credit. If the party does worse than expected, Clinton offers a road back.
There are few risks and many potential rewards, as savvy presidential contenders have long recognized. Even as he was campaigning for re-election to his Massachusetts US Senate seat in 1958, John Kennedy showed up for for Democrats in Iowa, Oregon and even Alaska during the midterm elections preceding his 1960 presidential run. Richard Nixon used a hyperactive midterm campaign schedule in 1966—“Mr. Nixon specifically stumped for eighty-six republican candidates for governor, senator and representative.”—to renew his damaged reputation (after losses for president in 1960 and governor of California in 1962) and to position himself as the Republican front-runner for 1968. Ronald Reagan kept his profile high with campaigning in 1978 that put him at the head of the Republican pack for 1980.
Clinton knows all this history. Yet, for much of 2014, she seemed far less engaged with the midterms than other potential 2016 Democratic contenders, especially Maryland Governor Martin O’Malley. The former secretary of state spent most of 2014 hawking a book (a subtler signal of presidential intentions), commenting on foreign affairs and talking about the arrival of her first grandchild.
Now, however, she is going all in. With this full October campaign schedule, she is pushing her profile and seeking to promote the sense of inevitability that has already been fostered by early polls and “Ready for Hillary” campaigning.
Clinton will face opposition as she bids for the 2016 Democratic nomination, very probably from O’Malley, very possibly from Vermont Senator Bernie Sanders and maybe from former Virginia Senator Jim Webb and others. There will continue to be plenty of speculation about a run by Massacusetts Senator Elizabeth Warren, despite Warren’s denials of candidacy.
Clinton learned in 2008 that nothing is guaranteed in presidential politics. But the former senator’s 2014 moves are part of a deliberate and determined strategy to secure her front-runner status.
Clinton will be in Iowa to appear with US Senate candidate Bruce Braley. Yes, that would be the first caucus state of Iowa, where she has already delivered for retiring Senator Tom Harkin by appearing at the senior Democrat’s annual steak fry in September. Clinton will go deep in Iowa this month, campaigning not just for Braley but for Staci Appel, a US House candidate running in the critical contest to fill the seat representing Des Moines and southwest Iowa.
She will be in New Hampshire, campaigning with the state’s two most prominent Democrats, US Senator Jeanne Shaheen and Governor Maggie Hassan. Yes, that would be the first primary state of New Hampshire, where Clinton’s 2008 presidential run was briefly renewed with a primary win over upstart challenger Barack Obama, but where Clinton has no intention of stumbling again.
Clinton will also tour the states with the highest-profile Senate contests, including Colorado with Democratic Senator Mark Udall, Georgia with Democratic candidate Michelle Nunn, Kentucky with Democrat candidate Alison Lundergan Grimes and North Carolina with Democratic Senator Kay Hagan.
Senate majority leader Harry Reid, D-Nevada, told Politico he “couldn’t be happier” to have Clinton, the former senator from New York, on the trail for his candidates—and his imperiled majority.
But Clinton is looking well beyond the Senate races. She will also be doing the gubernatorial circuit. That’s because she knows well, from her own 2008 campaign and from Bill Clinton’s 1992 and 1996 campaigns, that governors are critical allies in primary and general election campaigns for the presidency.
So look for Clinton in Pennsylvania, with Democratic gubernatorial candidate Tom Wolf, a likely winner. And in Illinois, with Democratic Governor Pat Quinn, who is in a critical “toss-up” race. And in Massachusetts, where Democratic nominee Martha Coakley is in another tight contest. And to Florida, where she will campaign with Republican-turned-Democrat Charlie Crist, who campaigned against Bill Clinton’s presidential runs in the 1990s but who could be an essential ally for a Hillary Clinton presidential run in 2016.
The Clinton camp cannot have minded the headline in The Palm Beach Post over the weekend, which read: “Crist: Hillary Clinton would be ‘great president.’”
Throw in some appearances with congressional candidates and huge fundraising events in California for the Democratic Senatorial Campaign Committee and with House minority leader Nancy Pelosi, and you are looking at a fall schedule of an all-in presidential candidate.
To suggest differently would be to deny political history, political reality and the rapidly-evolving dynamics of a 2016 presidential race that has already begun and that will be fully engaged on the morning of November 5, 2014.
Read Next: Why Hillary Clinton needs competition.
In case there was any remaining confusion with regard to the precise political intentions of the US Supreme Court’s activist majority, things were clarified Monday. The same majority that has made it easier for corporations to buy elections (with the Citizens United v. FEC decision) and for billionaires to become the dominant players in elections across the country (with the McCutcheon v. FEC decision) decided to make it harder for people in Ohio to vote.
Yes, this Court has messed with voting rights before, frequently and in damaging ways. It has barely been a year since the majority struck down key elements of the Voting Rights Act.
But Monday’s decision by the majority was especially blatant—and immediate. One day before early voting was set to begin in Ohio on Tuesday, the Supreme Court delayed the start of the process with a decision that will reduce the early voting period from thirty-five days to twenty-eight days.
Assaults on early voting are particularly troublesome, as the changes limit the time available for working people to cast ballots and increase the likelihood of long lines on Election Day. And changes of this kind are doubly troublesome when they come in close proximity to high-stakes elections, as they create confusion about when and how to vote.
American Civil Liberties Union of Ohio Executive Director Freda Levenson decried the ruling, calling it “a real loss for Ohio voters, especially those who must use evenings, weekends and same-day voter registration to cast their ballot.”
The ACLU fought the legal battle for extended early voting on behalf of the National Association of Colored People and the League of Women Voters, among others.
“To make (the Supreme Court ruling) even worse,” Levenson told the Cleveland Plain Dealer, “this last-minute decision will cause tremendous confusion among Ohioans about when and how they can vote.”
Ohio Republicans had no complaints. They have made no secret of their disdain for extended early voting, which has been allowed for a number of years and which has become a standard part of the political process in urban areas where voters seek to avoid the long lines that have plagued Ohio on past Election Days.
Ohio Secretary of State Jon Husted, a top Republican, has taken the lead in efforts to restrict voting. In June, he established a restricted voting schedule. Husted’s scheme was upset by lower-court rulings. In particular, the courts sought to preserve early voting in the evening and on Sundays, which is especially important for working people.
Fully aware of that reality, the Supreme Court scrambled to issue a 5-4 decision that “temporarily” allows the limits on early voting to be restored. Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas, Antonin Scalia and Anthony M. Kennedy voted to allow Husted to limit voting, while Justices Ruth Bader Ginsberg, Stephen Breyer, Sonia Sotomayor and Elena Kagan opposed the ruling.
Monday’s ruling was not a final decision; the Court could revisit the matter. But that won’t happen in time to restore full early voting before his year’s November 4 election.
The Court is sending a single of at least tacit approval of controversial moves by officials in other states—such as Wisconsin and North Carolina– to curtail early voting and access to the polls. Legal wrangling also continues over the implementation of restrictive Voter ID rules in those states and others—with special concern regarding Wisconsin, where a September federal appeals court ruling has officials scrambling to implement a Voter ID law that had been blocked by a lower-court judge.
Expressing disappointment that a narrow majority on the Supreme Court has permitted “changes that could make it harder for tens of thousands of Ohioans to vote,” Wendy Weiser, the director of the Democracy Program at the Brennan Center for Justice at the NYU School of Law, said, “Courts should serve as a bulwark against rollbacks to voting rights and prevent politicians from disenfranchising voters for political reasons.”
Weiser is right.
Unfortunately, the High Court is focused on expanding the influence of billionaires, not voters.
It has been thirteen years since Congresswoman Barbara Lee cast her lonely vote against authorizing President Bush to launch what she warned could be an ill-defined and endless war. Days after she cast that vote, the California Democrat appeared before hundreds of students at Mills College in Oakland and was greeted for the first time by the chant, “Barbara Lee speaks for me.”
At time when media and political elites said Lee had isolated herself politically, she was embraced by Americans who questioned why Congress was not living up to its constitutionally defined responsibility to check and balance the tendency of executives to “blank check” powers for continual warmaking.
So it was, once more, on Tuesday evening, as television screens were filled with reports of airstrikes by the United States and its allies against targets in Syria. Lee appeared at the 2014 convention of National Nurses United in Las Vegas, where she was honored for her championship of peace and justice during the course of her congressional career.
When Lee came to the stage, a thousand nurses spontaneously began to chant, “Barbara Lee speaks for me.”
Lee was moved by the recognition, yet during a conversation Tuesday evening she told me that she and other members of Congress should have been in session on Capitol Hill. Instead of debating and voting on issues of war and peace, as the the Constitution requires, Congress fled Washington for the 2014 campaign trail.
Lee is blunt in arguing that this is simply wrong.
As she has for more than a decade, with Republican presidents and Democratic presidents, the congresswoman argues that members of the House and Senate must debate and vote on whether to declare the wars that the United States wages. Along with a handful allies in Congress, some fellow Democratic members of the Congressional Progressive Caucus and some “old-right” conservative Republicans such as North Carolina Congressman Walter Jones, Lee rejects the argument that resolutions from years ago and votes on amendments to funding measures meet the standard for congressional authorization of new military strikes.
A “gravely concerned” Lee said in a statement that with the news of the expansion of US airstrikes into Syria, in continuation of airstrikes in Iraq, “it is clear we are rapidly becoming more involved in another war in the Middle East.”
“I have called and will continue to call for a full congressional debate and vote on any military action, as required by the Constitution,” Lee continued. “The American people deserve a public debate on all the options to dismantle ISIS, including their costs and consequences to our national security and domestic priorities.”
Lee has done this again and again. But this time she had a powerful media ally. In an editorial headlined, “Wrong Turn on Syria: No Convincing Plan,” The New York Times writes:
Mr. Obama has failed to ask for or receive congressional authorization for such military action. The White House claims that Mr. Obama has all the authority he needs under the 2001 law approving the use of force in Afghanistan and the 2002 law permitting the use of force in Iraq, but he does not. He has given Congress notification of the military action in Iraq and Syria under the 1973 War Powers Resolution, but that is not a substitute for congressional authorization.
The administration also claims that the airstrikes are legal under international law because they were done in defense of Iraq. In a Sept. 20 letter to the United Nations, Iraq complained that the Islamic State was attacking its territory and said American assistance was needed to repel the threat. But the United Nations Security Council should vote on the issue.
Meanwhile, Congress has utterly failed in its constitutional responsibilities. It has left Washington and gone into campaign fund-raising mode, shamelessly ducking a vote on this critical issue. That has deprived the country of a full and comprehensive debate over the mission in Syria and has shielded administration officials and military commanders from tough questions about every aspect of this operation—from its costs to its very obvious risks—that should be asked and answered publicly.
This is the point that Barbara Lee has been making over all these years. The congresswoman explains that she is not a pacifist, that she grew up in a military family and that she understands that there are times when conflicts will turn violent. She recognizes the genuine concerns that have been raised regarding with the rise of Islamic State militancy. She compliments President Obama for seeking to establish “a strong international and regional coalition to address the ISIS threat.”
But Lee says, “The rapid escalation of another war in the Middle East underscores the danger of the blank check for endless war passed by Congress in 2001. I could not support this blank check for endless war or the 2002 blank check for war in Iraq. I have introduced legislation to repeal the 2001 and 2002 authorizations for the use of military force and continue to build bipartisan support for their repeal.”
The member of Congress whom President Obama appointed as a representative of the United States to the United Nations General Assembly, and who has established a record as one of the most internationally focused and engaged members of the House, said, “There is no military solution to the crisis in Iraq and Syria. In fact, continued US military action will result in unintended consequences. We must remember the roots of ISIS—President Bush’s ill-begotten war. Congress needs to debate the political, economic, diplomatic and regionally led solutions that will ultimately be the tools for US and regional security.”
Edinburgh, Scotland—Five days before the Scottish independence referendum, one of the larger demonstrations of a long and intense campaign was held in Glasgow. It wasn’t a rally for a “yes” or a “no” vote. It was a protest outside the Scottish headquarters of the BBC.
Thousands of independence supporters showed up to object to the coverage of the campaign by the broadcaster in particular, and media in general.
At a point when polling suggested Scotland was closely divided on the issue of independence, Scottish First Minister Alex Salmond said, “I think there’s real public concern in terms of some of the nature and balance of the coverage.”
Well beyond the Scottish borders, there was recognition of the concern. English commentator George Monbiot ripped into media coverage that frequently referred to “the threat” rather than the prospect of independence, compared the democratically elected Salmond to a dictator and dismissed Scottish complaints about austerity as a demand for a “something for nothing society.“ Monbiot’s important essay was headlined, “How the media shafted the people of Scotland.”
Salmond’s “yes” side ultimately lost, as Scots decided Thursday by a convincing 400,000-vote margin to remain a part of the United Kingdom.
But the debate about media coverage carried forward after the count was finished, with Iain Macwhirter, a veteran Scottish political commentator and the author of the book Road to Referendum, asserting on a post-election television panel, “Anyone who reviews the press coverage of this campaign will not be able to come out with any other conclusion than that it was extremely one-sided.”
Political campaigns often produce complaints and concerns about media coverage. And in an age of radically transforming media landscapes, the debate itself is changing—as analysts seek to weigh the impact of social media as an alternative to traditional media. Yet author and activist Tariq Ali noted after speaking to a pro-independence rally Monday in Glasgow, “Yes, yes, people should be concerned about the media coverage. The newspapers have been appalling when it comes to covering the story of what’s been happening in Scotland.”
Major media outlets remain powerful forces in our democratic life. They are not always definitional—as any newspaper editorial writer will tell you—and it is important to recognize that in Scotland and beyond a great many factors influence election results.
Still, there are those moments that illustrate the extent to which major media outlets tend to echo one another rather than the range of popular debate.
That has been evident in the United States on a number of high-stakes issues in recent decades. When the US was weighing whether to approve the North American Free Trade Agreement in 1993, polls suggested that the country was deeply divided, and the House split 234-200. Yet the chattering classes were overwhelmingly pro-NAFTA, and newspaper editorial pages were very nearly universal in their support for the controversial pact. It wasn’t just the editorial pages; an analysis by Fairness and Accuracy in Reporting found that pro-NAFTA sources highlighted by major media outnumbered opponents by more than 3-to-1. When matters of war and peace are in play, as was the case before the invasion of Iraq in 2003, FAIR has found even more overwhelming patterns of media turning up the volume on pro-war voices while dismissing those urging caution.
In Scotland, on the morning after Thursday’s vote, discussions of the media coverage became an important part of the overall analysis of the result.
Macwhirter and others argued that the media fueled a sense that a “yes” vote would lead to economic disaster—despite the fact that Nobel Prize–winning economist Joseph Stiglitz and others had dismissed key elements of the “no” campaign as “a bluff.”
Referring to the “no” campaign, Stiglitz said before the vote, “I’ve been a little bit shocked how much of it is based on fear, trying to get anxiety levels up and how little of it has been based on vision.”
The BBC rejected complaints that it hyped claims about economic challenges that might be faced by an independent Scotland. And, notably, the broadcaster covered what Stiglitz had to say.
Yet there was no debating the imbalance in the positions taken by the newspapers that circulate in Scotland.
Scottish-based daily newspapers, which are widely read and influential, were overwhelmingly opposed to independence—with just one major newspaper, the Sunday Herald, urging a “yes” vote. The British national dailies, which circulate widely in Scotland, were even more determined in their opposition—offering up intense criticism of the idea of independence and of independence campaigners.
That was especially true after a key poll published almost two weeks before the vote suggested that the “yes” side had moved into a narrow lead. Jim Sillars, a former deputy leader of the Scottish National Party and an outspoken independence campaigner, said the numbers “rattled the cages” of economic and political elites in London.
It was at that point that the papers turned up the “no” volume.
There will be books written on the overall character and the content of the coverage. But what was most striking was the stances taken by the newspaper editorial pages of the Scottish papers. No one expected them to be universal in their support for independence. But their opposition was exceptional.
“Perhaps the most arresting fact about the Scottish referendum is this: that there is no newspaper—local, regional or national, English or Scottish—that supports independence except the Sunday Herald. The Scots who will vote yes have been almost without representation in the media,” wrote Monbiot, one of the UK’s most prominent and media-savvy campaigners on environmental and democracy issues. “There is nothing unusual about this. Change in any direction, except further over the brink of market fundamentalism and planetary destruction, requires the defiance of almost the entire battery of salaried opinion. What distinguishes the independence campaign is that it has continued to prosper despite this assault.”
At the start of the referendum campaign, support for a “yes” vote was estimated at roughly 30 percent. In the end, 45 percent of Scots voted for independence. Much of the credit for the shift goes to effective use of social media and grassroots campaigning by “yes” supporters. Ultimately, however, as Monbiot reminds us, “Despite the rise of social media, the established media continue to define the scope of representative politics in Britain, to shape political demands and to punish and erase those who resist.”
Monbiot could have removed the words “in Britain” and been just as accurate in his observation.
Edinburgh, Scotland—If you want to know what democracy looks like, come to Scotland.
No matter how today’s independence referendum turns out—and the polls says it is likely to be a close result—there can be no doubt that Scotland’s venerable The Herald was right when the newspaper declared this week that “the atmosphere in Scotland is extraordinary.”
What makes it extraordinary is the extent to which the whole of Scotland is engaged with this referendum vote. Rallies and marches organized by “Yes” and “No” campaigners have drawn thousands, mass canvasses have gone to every doorstep and it has been virtually impossible to walk down the street in any community without encountering an earnest appeal to consider, or reconsider, how to vote.
Voter registration has soared since the referendum was announced, creating the largest electorate in Scottish history. A remarkable 97 percent of eligible Scots are registered, and polls suggest that well over 80 percent of the electorate will participate in the vote on whether to break away from the United Kingdom.
Jonathon Shafi, a co-founder of Scotland’s Radical Independence Campaign, which organized mass registration drives among young people and in low-income neighborhoods, calls the 97 percent figure a “testament to a movement which has been engaging with thousands of people over the past two years.” Shafi says Scots see the referendum vote as “a huge opportunity to restore democracy.”
In fact, the campaign leading up to today’s vote has already restored a good measure of democracy—by showing how to engage a mass electorate and inspire mass turnout.
Since the referendum vote was scheduled, more than 300,000 Scots have registered to vote, pushing the total electorate to 4,285,323. An equivalent increase in the United States would see a registration spike numbering in the many millions over the course of a relatively short campaign.
Take a moment to ponder what a turnout in excess of 80 percent—perhaps as high as 90 percent—would mean in the United States: instead of the 130,292,355 Americans who had ballots counted in 2012 (out of a voting-eligible population of 221,925,820, according to the United States Elections Project at George Mason University), the turnout total would be closer to 180,000,000.
That level of turnout, creating a voting class that is dramatically more reflective of the overall US population, would undoubtedly transform not just elections but also policy debates.
So is the lesson that the United States should start scheduling high-stakes national referendums on fundamental questions regarding the nation’s future? That’s not a novel notion; indeed, it was proposed by the progressive reformers of a century ago. Many states adopted initiative and referendum structures, which remain in place to this day. In the 1924 presidential election, the Republican, Democratic and Progressive party platforms all endorsed national referendum proposals. Ultimately, however, the United States did not go the way of much of the rest of the world when it comes to national referendums.
At a time when American political campaigns are distinguished by nothing so much as their pettiness and when governing is so frequently ineffectual, however, the idea of using initiatives and referendums to settle major questions has appeal. A 2013 Gallup Poll found that 68 percent of Americans favor national referendums on vital issues that are raised by voter petitions for a popular vote.
Yet there is more to what Scotland has done than simply scheduling a referendum.
The process matters, as it always does when pursuing democracy.
And the Scots have done a lot of things right.
1. An expanded electorate. Recognizing the high level of interest in the independence vote, and the fact that its result will shape the lives of generations to come, officials lowered the voting age to 16. That increased the size of the overall electorate, and it also shifted the tenor of the debate, placing a greater focus on issues of interest to young people. As a result, polls show close to 80 percent of potential voters in the 16–24 demographic intend to cast ballots—an astronomical figure compared to US elections.
2. Simple ballot, simple question. Clarity in ballot design and wording matters immensely, as was illustrated by the 2000 electoral meltdown in Florida, with all its butterfly ballots, hanging chads and “under-votes” and “over-votes.” With so contested an issue on independence in play, any attempt to game the process or cut corners would have come back to haunt. The Scottish vote will not include multiple contests and questions. There is one issue on the ballot and the wording of the actual question was reviewed, debated and reframed to remove bias and complexity. What resulted was simplicity itself, a chance to vote “yes” or “no” on the question: Should Scotland be an independent country?
3. Limited Spending, lots of grassroots campaigning. Scotland strictly limits campaign spending, and there are no thirty-second TV or radio spots. This reduces costs for the campaigners and keeps negative advertising from flooding the airwaves. It also changes the character of the campaign. Unlike in the United States, where voters often reach Election Day with a sense of exhaustion and deep disenchantment, Scots have remained remarkably enthusiastic about a process that is far more focused on grassroots campaigning.
4. Lots of debates. Scottish First Minister Alex Salmond, the leading campaigner for a “yes” vote, and former Chancellor of the Exchequer Alistair Darling, a Scottish member of the British Parliament who has represented the “no” camp, have faced off in extended debates in the six weeks leading up to the election, taking questions from journalists and citizens. But that is just the start of it: Scottish television and radio programs, as well as the opinion pages of Scottish newspapers, feature daily debates. And even the smallest communities in Scotland have seen organized events where “yes’ and “no” campaigners go at it.
5. Easy voting. The Electoral Commission, which is charged with overseeing the election, has run its own “You Can’t Miss It” campaign to increase voter registration and participation, and to assure that voters know where and how to vote. Unlike in the United States, where different states—and even different jurisdictions within states—produce distinct sets of rules regarding who can vote, when and where voting takes place and how votes are counted, the Electoral Commission sets universal standards. And those standards encourage high turnout by making it easy to vote. Arrangements have been made for 789,024 postal voters: Scots who have difficulties making it to the polls. And those who vote September 18 will not have to go far. A total of 5,579 polling stations will be open from 7 am to 10 pm September 18.
6. Majority rule. Elections in the US are often complicated by rules that make it difficult to get a definitional result; for instance, there have been efforts in a number of US states to require so-called “super majorities” to decide referendums on critical issues. The additional requirements foster frustration with the process by telling voters that winning isn’t enough. Democracy works best when voters believe the process is fair and that their ballot could be decisive. That’s the standard Scotland has set for referendum voting, as 50 percent plus one—be the balance on the “yes” side or the “no” side—will determine if independence is to be.
US officials aren’t about to schedule national referendums on critical issues anytime soon. But they should take a serious look at the systematic approach Scotland has taken to boosting turnout and voter engagement. This is what democracy looks like.
Read Next: John Nichols on “Scotland’s Referendum on Austerity”
Glasgow, Scotland—Thursday’s Scottish referendum vote is often framed in terms of the politics of nationalism—and the desire of a people for self-determination. And of course there have always been, and there still are, impassioned Scottish nationalists.
But the reality that becomes overwhelmingly clear in the last hours before the referendum vote—which polls suggest will see an exceptionally high turnout and a close finish—is that this process is being shaped by the politics of austerity.
This is highlighted by the campaigning of supporters of a “yes” vote and, increasingly, this is being acknowledged in the last-minute promises being made by British Prime Minister David Cameron and the most fervent foes of a Scottish break with the United Kingdom.
The politics of Scotland has long been at odds with the politics of Britain, as my Nation colleague D.D. Guttenplan has ably explained. The Conservative Party has ruled the United Kingdom for the majority of the past sixty years. Yet the Tories last finished first in a Scottish election in 1955. And as Britain has moved to the right, not just under the right-wing leadership of Conservatives like Margaret Thatcher but also under the neoliberal leadership of Labour Party prime ministers such as Tony Blair, Scotland has felt increasingly isolated politically.
This isolation has a huge economic component, as Cameron has implemented an austerity agenda that threatens the National Health Service and broader social services, undermines trade unions and communities, and deepens inequality. Despite the devolution of some powers to a Scottish Parliament over the past decade, Scotland is still governed in many of the most important senses from London—even though less than 17 percent of Scots backed Cameron’s Conservatives in the last election, giving the Tories just one of Scotland’s fifty-nine seats in the British Parliament.
So it was that the posters on sound trucks rolling through the streets of Glasgow Wednesday shouted: “End Tory Rule Forever.” The energetic Radical Independence Campaign was putting up posters with an “X” over Cameron’s face and the promise that “Another Scotland Is Possible.”
This is not about nationalism in some old-fashioned sense, tweets Radical Independence Campaign activist Cat Boyd; this is about democracy is a very modern and practical sense. “It is 59 years since Scotland returned a Conservative majority and half of that time we have [had] a Conservative government,” she notes.
Author and activist Tariq Ali, who appeared with Boyd at a forum in Glasgow just before the election, agreed, explaining that the referendum is “all about giving the people the power to determine their own future—rather than to have it determined for them.” Ali traveled from London to Glasgow to support the “yes” campaign, arguing that bringing governing power closer to the people changes the dynamic of the austerity debate in Scotland—and in other places around the world. “The symbiosis of big money and politics is not just America’s problem,” he said. “It has now spread to Europe in a big way.”
The notion that Scottish rule will change the circumstance has been at the heart of the broad-based “Yes Scotland” campaign, which says a “yes” vote will mean
We can use Scotland’s wealth to build a fairer nation.
Scotland’s NHS [National Health Service] will be protected from creeping privatization.
We spend money on childcare instead of Trident missiles.
A lower pension age and higher pensions.
The end of Tory governments we don’t vote for.
Decisions about Scotland will be made by the people who care most about Scotland, the people who live here.
A radical notion?
David Cameron no longer seems to think so.
The prime minister was in Scotland on the eve of the voting to promise that if Scots vote “no,” he and other British party leaders will push for the devolution of more powers to the Scottish Parliament—which is all but certain to be led by the left-leaning Scottish National Party. This so-called “devo-max” approach would afford Scotland far greater control of its own affairs—with greater authority over taxation and spending shifted to Scottish leaders—while maintaining the basic outlines of the United Kingdom.
Critically, the “devo-max” promise, at least to the extent that it is understood at this point, would allow a Scottish Parliament to steer a different course from the British on issues of social spending and the broader austerity debate.
Cameron, his governing coalition partner Nick Clegg of the Liberal Democratic Party and Labour Party opposition leader Ed Miliband actually signed a vow—published on the front page of the Scottish Daily Record—to work together to give the Scots more of a voice in their future if the independence vote fails. “People want to see change,” Brown said. “A ‘No’ vote will deliver faster, safer, and better change than separation.”
Of course, Scottish First Minister Alex Salmond, the leader of the Scottish National Party, termed the promise from Cameron and the other leaders a “desperate offer” that only came as the British leaders recognized Scotland might vote “yes” for independence.
With the polls so close, it is certainly possible that the “devo-max” gambit will tip the balance toward the “no” camp.
But even if that happens, this remarkable democratic debate over independence has forced an admission that austerity is a vital, perhaps definitive, issue in Scotland—and beyond. The only question then is how best to stop the cuts, stop the redistribution of wealth upward and begin shaping fairer and more humane policies.
Read Next: John Nichols on Hillary Clinton’s campaign against Scottish independence
Edinburgh, Scotland—Among the most high-profile opponents of Scottish independence are a number of non-Scots. British Prime Minister David Cameron has toured Scotland this week, urging a “no” vote on Thursday’s referendum on whether to separate from the United Kingdom. That’s to be expected. What was less expected was the intervention of former Secretary of State Hillary Clinton, the presumed front-runner in the 2016 race for the presidency of the United States.
When Clinton traveled to Scotland earlier this year to accept an honorary degree from University of St. Andrews, she was explicit in her opposition to the proposal.
“I would hope it doesn’t happen,” she declared.
“I would think it would be a loss for both sides,” added Clinton, who told BBC interviewer Jeremy Paxman that “I would hate to have you lose Scotland.”
That brought a reminder from Scottish First Minister Alex Salmond that “Scotland is not a property to be lost but a nation about to take a precious and consensual and democratic decision.”
Clinton is not the only American who has weighed in on the Scottish vote. President Obama said in June, “There is a referendum process in place and it is up to the people of Scotland.” That was a reasonably balanced statement. But then he added what sounded to many like a slightly subtler appeal for a “no” vote, suggesting that “we obviously have a deep interest in making sure that one of the closest allies we will ever have remains a strong, robust, united and effective partner.”
On Monday, White House spokesman Josh Earnest reiterated the president’s earlier remarks, while acknowledging in response to a question about how the United States would respond to a “yes” vote by saying, “I suspect that there’s somebody at the administration who’s been thinking about that at some level.”
The notion of a “special relationship” between the United States and the United Kingdom is not new. And Obama and his aides have every right to mention it, just as Clinton has every right to urge Scots to vote “no” on September 18.
But the notion that voting “yes” would represent “a loss for both sides,” as Clinton suggests, is every bit as debatable as the notion that the separation in 1776 of the United States from the Great Britain represented “a loss for both sides.” Britain obviously did not approve, as the long war that followed the American Declaration of Independence confirmed. But the idea that prominent Americans would go around discouraging others from declaring independence—especially via an orderly and nonviolent electoral process—does seem rather, well, hypocritical.
“It was very interesting hearing Obama in his own equivocal way telling the Scots ‘don’t do it,’ and Hillary Clinton in a much more vicious argument—‘Scotland shouldn’t do it,’ etcetera, etcetera,” observed the author and activist Tariq Ali, who noted that the United States supported the break-up of the Soviet Union and the former Yugoslavia.
“That’s all fine. But when it happens to one of your allies, then you scream: Oh, no, no, Scotland, don’t do it, don’t do it. Why not?” asks Ali, who worked with Scotland’s Radical Independence Campaign to secure a “yes” vote. “There’s no principle. All that’s at stake is imperial interest.”
It is true, up to a point, that Scottish independence would create some complications for the United States. An independent Scotland could, for instance, demand the removal of British Trident missiles, which are carried on submarines that are based in Scotland. Scotland could well deviate from Britain on a variety of defense and foreign policy issues, and it would certainly deviate on the question of austerity—as one of the prime arguments for an independent Scotland is, as the Yes Scotland campaign says, to “protect our public services and welfare system.”
The Yes Scotland campaign argues that is it possible to “build a more prosperous and fairer nation,” and such a nation might well offer a fresh alternative to the model of cuts and redistribution of wealth upward that has taken hold not just in Britain but in the United States.
So, yes, an independent Scotland might require officials in Washington to make some foreign policy adjustments. Ultimately, however, the United States could have a “special relationship” with Britain and with an independent Scotland, which economists say would be one of the wealthiest countries in the world. After all, it has quite good relations with Norway, an oil-rich country with a slightly smaller population than Scotland. And Salmond has gone so far as to say with regard to Britain and an independent Scotland, “America has two great friends and allies here rather than one.”
Clinton and Obama and others should be thinking a good deal more about the adjustment they are making in the signal we send to the world. By speaking against independence—especially in the absolute terms used by Clinton—they signal that the United States is more interested in immediate geopolitical goals than in the vision that inspired the nation into being. That vision was outlined 238 years ago in a document that began with a rather warm embrace of self-determination: “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them…”
Despite what Clinton and Obama may say, supporters of Scottish independence note with some relish that the American declaration concluded by stressing that “these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved.”
This was noted earlier this year by Salmond, the Scottish nationalist who has forced the issue of independence and campaigned aggressively for a “yes” vote.
“Rather more than 200 years ago, America had to fight for its independence,” recalled Salmond. “We are very fortunate in Scotland that we have a democratically agreed, consented process by which we can vote for our independence.”
“So in summary,” says Salmond, “I suppose my message to President Obama is: Yes we can.”
Read Next: Will Scotland choose independence?
A majority of the United States Senate has voted to advance a constitutional amendment to restore the ability of Congress and the states to establish campaign fundraising and spending rules with an eye toward preventing billionaires and corporations from buying elections.
“Today was a historic day for campaign finance reform, with more than half of the Senate voting on a constitutional amendment to make it clear that the American people have the right to regulate campaign finance,” declared Senator Tom Udall, the New Mexico Democrat who in June proposed his amendment to address some of the worst results of the Supreme Court’s interventions in with the recent Citizens United v. Federal Election Commission and McCutcheon v. Federal Election Commission decisions, as well as the 1976 decision in Buckley v. Valeo.
That’s the good news.
The bad news is that it’s going to take more than a majority to renew democracy.
Fifty-four senators, all Democrats and independents who caucus with the Democrats, voted Thursday for the amendment to clarify in the Constitution that Congress and the states have the authority to do what they did for a century before activist judges began intervening on behalf of wealthy donors and corporations: enact meaningful campaign finance rules and regulations.
But forty-two senators, all Republicans, voted no. As a result, Udall noted, the Republican minority was able to “filibuster this measure and instead choose to support a broken system that prioritizes corporations and billionaires over regular voters.”
The Republican opposition effectively blocked further consideration of the amendment proposal, since sixty votes were needed to end debate and force a vote. And, even if the Republicans had not filibustered the initiative, actual passage of an amendment would have required a two-thirds vote.
Though the Republican move was anticipated, Senator Bernie Sanders, the Vermont independent who has been one of the Senate’s most ardent advocates for reform, expressed frustration with the result. “I am extremely disappointed that not one Republican voted today to stop billionaires from buying elections and undermining American democracy,” said the senator, who has advocated for a more sweeping amendment to address the influence and power of corporate cash on American elections and governance. “While the Senate vote was a victory for Republicans, it was a defeat for American democracy. The Koch brothers and other billionaires should not be allowed to spend hundreds of millions of dollars electing candidates who represent the wealthy and the powerful.“
Now, said Sanders, “the fight to overturn Citizens United must continue at the grassroots level in every state in this country.”
Sanders is right to reference the role of grassroots movements.
Four years ago, when the US Supreme Court removed barriers to corporate spending to buy elections, serious reformers said a constitutional amendment would be necessary to reverse the Court’s Citizens United ruling. Most pundits and politicians, even those who recognized the threat posed to democracy by the opening of the floodgates for big money, dismissed a constitutional fix as too bold and too difficult to achieve.
But the people embraced the constitutional route to reform. Grassroots organizing succeeded in getting sixteen states and close to 600 communities to formally demand that Congress act.
At the same time, the money poured in, with campaigning spending breaking records in the 2012 presidential and congressional elections—and heading toward breaking the record for midterm elections in 2014.
That was enough to shake up even the most cautious Senate Democrats, who began moving earlier this year to advance the Udall amendment. Though activists wanted a stronger amendment, the Senate deliberations confirmed that there is broad support for a constitutional response to the money-in-politics mess—and that a substantial number of senators now see that constitutional response as right and necessary.
“Less than five years after the Citizens United decision sparked national outrage, we have seen the movement to get big money out of politics go from local, grassroots organizing to a vote in the United States Senate,” explained People for the American Way Executive Vice President Marge Baker, who worked with activists from Public Citizen, Common Cause, Free Speech for People and other groups to collect and deliver 3.2 million signatures on petitions supporting an amendment. “Today’s historic majority vote is a remarkable milestone for this movement and a platform for taking the fight to the next level. The debate in the Senate this week is a debate that Americans across the country who are passionate about fixing our broken democracy have wanted to see.”
With the DC debate done, for now, the fight goes back to the grassroots. Activists with groups such as Move to Amend, Public Citizen’s “Democracy is for People” campaign and Free Speech for People will continue to organize and agitate, not just for an amendment but for an amendment that makes it absolutely clear that money is not speech, that corporations are not people and that citizens have a right to organize elections where votes matter more than dollars.
“We have amended the US Constitution before in our nation’s history. Twenty-seven times before. Seven of those times to overturn egregious Supreme Court rulings. For the promise of American democracy, we can and we will do it again,” declared John Bonifaz, the president of Free Speech for People, said Thursday. “The pressing question before the nation today is whether it is ‘we the people’ or ‘we the corporations and big money interests.’ This not a Democratic issue or a Republican issue. This is a deeply American issue. Whatever our political differences may be, we all share the common vision of government of, for, and by the people. Today’s US Senate vote is just the beginning. While this amendment bill did not receive this time the required two-thirds support in order to pass the Senate, we will be back again and again until we win. History is on our side.’
Read Next: John Nichols on the “pivotal moment” in the fight to remove big money from politics