Following Vice President Al Gore's concession, President-elect Bush announced: "I was not elected to serve one party, but to serve one nation. The President of the United States is the President of every single American, of every race and every background." It was an appropriate speech delivered from the Democratic-controlled Texas House chambers. Referring to the Texas House as "a home to bipartisan cooperation," Bush added, "Republicans and Democrats have worked together to do what is right for the people we represent."
But who are George Bush's bipartisan Democrats?
Texas State Representative Paul Sadler, a Democrat, told the New York Times that Bush "didn't invent bipartisanship in Texas." It "kind of developed over the years because of the nature of the system." Nature of the system? What system? Essentially it is the same "system" around which the rest of the Southern Democratic Party developed.
The Southern Democratic Party was the party of slavery. Conservative Democrats were the Confederates during the Civil War. Democrats either were, or cooperated with, the KKK in resisting Reconstruction. Following Plessy v. Ferguson (1896), conservative Democrats practiced Jim Crow--separate and unequal. And after Brown v. Board of Education (1954), conservative Southern Democrats were the prime resisters of desegregation.
After Brown and the civil rights evolution of the 1960s, and the application of Goldwater's 1964 and Nixon's 1968 "Southern strategy," Southern white males especially began to leave the national Democratic Party in significant numbers. Republicans began to appeal to them with a series of racial themes and code words: "conservatism" during the civil rights struggles in 1964, "law and order" after the riots of 1967-68, "antibusing" in 1972, "welfare queen" in 1980, "Willie Horton" in 1988 and "compassionate conservatism" in 2000. Democrats also played this game: Carter's "ethnic purity" misstep in 1976 almost got him into serious trouble with the party's base; Bill Clinton used "Sister Souljah," and Al Gore emphasized crime ("blanket America in blue")--Democratic Southerners all. And all, Republicans and Democrats alike, are from the same system. Clinton redefined the Democratic Party away from the "special interests" of blacks--symbolized by Jesse L. Jackson Sr.--by politically manipulating a rapper. Because of Jackson's tireless pursuit of racial justice, and because he's a strong and highly visible Democrat, Republicans are now attempting to define and identify him as the symbol of the Democratic Party.
Taking a page from ultraconservative Ronald Reagan--who often referred favorably to the liberal FDR--Bush quoted the ideological founder of the Democratic Party, Thomas Jefferson. But Jefferson, a Virginian, was also the author of a Kentucky resolution and conservative theory of Southern resistance called "nullification," and his Democratic partner, James Madison, developed the theory of "interposition." Both concepts were forms of Southern resistance--first, resistance to ending slavery, and later to ending Jim Crow segregation. Jefferson also provided the ideological foundation for the concept of "local control"--the stepchild of "states' rights." Bull Connor, Jim Clark, Lester Maddox, Orval Faubus and George Wallace were all the products of this "system" and were Democratic advocates of states' rights, local control and an antifederal ideology of less government, lower taxes and a strong military.
It is this legacy of conservative Southern Democrats that created the "bipartisan system" that State Representative Paul Sadler referred to. It is this legacy of conservative Southern Democrats in Congress with which President-elect Bush intends to work. But the President-elect's problem of governing all of the people cannot be satisfied merely by building bridges to essentially conservative Southern Blue Dog, Yellow Dog, New Dog or DLC Dog Democrats. These conservative dogs already support him. His problem will be in reaching out and building bridges to liberals and progressives who feel like they've been treated like dogs, who represent the dogs who have been left out in the cold and put in the doghouse by a bipartisan coalition of conservative Republicans and Democrats. Indeed, this is the bipartisan pack that consistently bites us.
This conservative bipartisan coalition is generally for denying a woman's right to choose, supports charitable choice and violates the Constitution's mandate of church and state separation by attempting to put parochial prayers and the Ten Commandments in public schools. Out of this bipartisan "system" comes the privatization movement--public vouchers for private schools, privatizing all or part of Social Security, privatizing healthcare through medical savings accounts and much more.
It is this conservative bipartisan coalition that allows Ralph Nader to say that we have one corporate party with two different names. If Democrats go down this bipartisan path it will only strengthen Nader and the Greens for 2002 and 2004. The move down that path has already been aided by Democrats: In 1992 a conservative Democrat, Bill Clinton, selected an even more conservative running mate, Al Gore, who in 2000 selected an even more conservative running mate, Joseph Lieberman. By helping to shift the Democratic Party and the country further right, a very conservative George W. Bush could select an ultraconservative Dick Cheney as his running mate--and win.
The heart and soul of this conservative bipartisan coalition is the South, though by no means do all white Southerners regard themselves as part of it. Most Southern Democratic elected officials would be Republicans above the Mason-Dixon line, and Republican Senator Olympia Snowe of Maine, for example, could not be elected south of the Mason-Dixon line in either party. She would be seen as too liberal, and her views would be considered traitorous to Southern heritage, traditions and values.
More than half of all African-Americans still live in the former Confederacy, and nationally they voted 92 percent for Gore. Yet the entire body of Democratic leadership in the House and Senate are all white men. While Bush got only 8 percent of the African-American vote, Democrats have no visible elected African-American Congressional leaders who compare to the Republican exceptions of Colin Powell, Condoleezza Rice or Representative J.C. Watts of Oklahoma.
This system is what President Lyndon Johnson understood on August 6, 1965, when he signed the Voting Rights Act and afterward said privately that national Democrats had probably lost the South for at least a quarter-century. He understood the system that produced Southern politics and the bipartisan white coalition that drove it. His insight has now come home to roost big-time in the 2000 election. Bush won the old Confederacy and the rural states of the West, which have a similar political philosophy--plus Indiana, Ohio and New Hampshire. Gore won the old Union states of the North and Northeast, plus New Mexico, California, Oregon and Washington, which are more in harmony with national Democratic policies.
This system of bipartisan cooperation, social and economic conservatism, and individualistic, personalistic and pietistic religion is rooted in a region that imposes the highest number of death penalties and has the highest crime in the country, the poorest schools, the worst healthcare and housing, the greatest environmental degradation and the greatest poverty--and this conservative Southern system sustains it and is increasingly leading and influencing the nation. As State Representative Garnet Coleman, a Houston Democrat, said, "Even if something is bipartisan, it still often doesn't solve the problems of certain groups of people in Texas. They would be people who don't have health insurance, working families, the vulnerable in our society."
The South, and America, need a progressive bipartisan economic coalition to fight for better jobs and job training, healthcare, affordable housing and a good educational system--for all Americans. However, that is not the agenda of Bush and his Democrats.
John Ashcroft's nomination as Attorney General is the first installment on George W. Bush's enormous political debt to the radical right. Remember back in early February when Bush's campaign for the Republican nomination was on the ropes? John McCain had beaten him badly in New Hampshire and had just broken through Bush's attempt to keep him off the New York State primary ballot. The McCain campaign was on fire in South Carolina, and the so-called Bush firewall in Michigan was collapsing. A loss in South Carolina would have all but ended the Bush campaign. A shaken Bush did what he had to in order to win there--he sold his soul at Bob Jones University. The rumor was that he made a Faustian bargain with the radical right to give them the Justice Department and the federal judiciary if they would save his candidacy. Apparently it worked. Right-wing religious fundamentalists defeated McCain in South Carolina and provided the shock troops to derail him in Republican-only "closed primary" states, where McCain was cut off from his natural constituency.
After Bush secured the nomination, he seemed to signal his acceptance of the deal by praising Justices Antonin Scalia and Clarence Thomas. The radical right responded with a surge of support and, more important, with the gift of silence spared Bush from having to acknowledge his debt. Five members of the Supreme Court, including Scalia and Thomas, sealed the deal by anointing Bush as President-elect without the formality of his winning the election. Now the debt to the Christian right has come due.
Ordinarily, Presidents have the right to use Cabinet nominations to pay political debts. If Gore had not only won the most votes but had actually been allowed to become President, organized labor and the civil rights movement would now be lining up to collect their debts. In an ordinary presidential election, the winner enjoys the right to call the shots on policy as the political surrogate for the electoral majority. Thus, if this were an ordinary election it would be wrong to oppose John Ashcroft's nomination on political grounds. But Bush didn't win an electoral majority. He lost the national popular vote by more than 500,000 votes. He may have lost the Electoral College as well, obtaining Florida's crucial twenty-five electoral votes through a Supreme Court opinion that prevented an accurate vote count.
Don't get me wrong. George W. Bush is the President-elect. Respect for the rule of law requires us to follow the Supreme Court's ruling imposing Bush on the nation. But a President-elect who has been rejected by the majority of voters, and who may be taking office only because the Supreme Court refused to permit all the ballots to be counted in Florida, has no automatic right to saddle us with an extremist Attorney General who has just been rejected by the voters of his own state and who is pledged to wage war on behalf of a right-wing ideology that has been firmly rejected by most Americans.
Democratic senators who would ordinarily be inclined to allow the President-elect to form his Cabinet without opposition should not hesitate to oppose Ashcroft's nomination. The radical right hasn't earned control of the Justice Department, or the right to pick federal judges in the image of Scalia or Thomas. What President-elect Bush is entitled to from all Americans is respect for his office and cooperation in attempting to form and administer a centrist government. But there is no duty to cooperate in forming an extremist government. That is why the Democrats must use their "earned" 50-50 split in the new Senate to block the Ashcroft nomination. Not because Ashcroft is a bad man. He is, by all accounts, a decent man. Not because Ashcroft is a racist. He is, apparently, free from overt racial bias. But because he stands for terrible policies that would strike at the core of the American consensus. He stands for denying women freedom of choice. Unlike many principled foes of abortion, however, Ashcroft's reverence for human life does not prevent him from being an enthusiastic supporter of capital punishment. He stands for weakening the civil rights laws. He stands for eroding the wall between church and state. He stands for more censorship of free speech.
For once, let's have a vigorously contested confirmation hearing on Ashcroft that doesn't spiral down to character assassination. This is not about Ashcroft's competence. This is not about his honesty or his decency. It's about his politics--and whether George W. Bush has the right to impose the agenda of the radical right on a nation that has rejected it. If there is an iota of courage left in the forty-one Democratic senators it would take to sustain a filibuster, they'll rise up and say to President-elect Bush: We will not cosign the payment of your debt to the radical right by surrendering the Justice Department and the federal courts. The price for the nation is just too high.
The danger: He might sell the idea, and his agenda, with the help of a few Democrats.
Just how bad an Attorney General would John Ashcroft be? And is his nomination worth fighting? To answer the first question, talk to those who have experienced Ashcroft up close and personal. Like Harriet Woods, Missouri's lieutenant governor during the first of Ashcroft's two terms as that state's chief executive: She calls him "a disaster for minorities and for women." Or like retired Missouri Supreme Court Judge Charles Blackmar. Blackmar--a Republican appointee--accused Senator Ashcroft of "tampering with the judiciary" by blocking the federal court nomination of the amply qualified Missouri judge Ronnie White. Ashcroft opposed Judge White, an African-American, on the ostensible grounds that he voted against too many death sentences, leading Blackmar to this pungent assessment of the philosophy guiding Bush's chief law officer in the the crucial job of appointing federal judges: "The senator seems to take the attitude that any deviation is suspect, liberal, activist."
Ashcroft's sense of what constitutes "deviation" is broad even by the standards of the right, and his hard-line opposition to abortion isn't the half of it. The list of things Ashcroft is on record opposing is a catalogue of American social progress: contraception, school desegregation, solar energy, government assistance for woman- and minority-owned businesses, fuel efficiency standards for cars, workplace-discrimination protection for homosexuals, campaign finance reform and the nuclear test ban treaty. As governor, he even prohibited over-the-candy-counter sale of bonbons with liqueur centers.
It is African-Americans who will first take it on the chin from an Ashcroft Justice Department. As Missouri attorney general in the 1970s, Ashcroft initially honored the moderate, integrationist legacy of his mentor and predecessor, John Danforth. But he soon learned the value of playing hard-line race politics, fighting tooth and nail against desegregation of the massively unequal schools in Kansas City and St. Louis all the way to the US Supreme Court and spurning every attempt at an out-of-court settlement. Ashcroft won a tough GOP primary for governor in 1984 with attack ads accusing his opponent of being soft on desegregation. In the words of the St. Louis Post-Dispatch editorial page, he has "built a career out of opposing school desegregation...and opposing African-Americans for public office."
Reports have it that Bush's first favorite for AG was the more moderate Governor Marc Racicot of Montana--who, the story goes, was shot down by the far right. That creative spin control allows the administration-elect to play to both its flanks--deferring to the right with the nomination while assuaging moderates with the fiction that this nomination doesn't reflect Bush's deepest convictions. In fact, Ashcroft's nomination embodies one of the fundamental lessons of the first George Bush Administration: that the justice system is the arena that counts for right-wing patronage. The permanent elite of Republican technocrats like Donald Rumsfeld can have the run of the store as long as Justice turns out a steady stream of antiabortion briefs and far-right judge nominees.
Watch for a confirmation strategy that echoes fellow Danforth protégé Clarence Thomas in 1991, beginning with Ashcroft lobbying individual senators, followed by a confirmation narrative emphasizing Ashcroft's childhood--how his minister father befriended black missionaries--over the substance of Ashcroft's record as segregationist and antichoice absolutist. Once again, leading the Senate Judiciary Committee Democrats will be Joe Biden, whose vanity and strategic incompetence contributed mightily to Thomas's narrow confirmation. Biden, reprising his fatal 1991 indecision, has declared he is "inclined" to support Ashcroft.
So is this a nomination worth fighting? Other Bush Cabinet nominees also pose direct threats to specific constituencies, but there is real urgency to laying down a marker on Ashcroft. The threat his nomination poses cuts across constituencies and issues, and the stakes are every bit as high as in the Clarence Thomas and Robert Bork Supreme Court nomination fights. The Justice Department has expanded its authority as has no other agency in recent years. Through appointments to the federal bench, Supreme Court arguments and priorities, the appointment of US Attorneys and the enforcement of civil rights and antitrust law, any Attorney General can change the country in profound ways. All the more so with Ashcroft: not just because of his regressive constitutional views but because Bush appears likely to vest more power in his advisers than any President in memory.
And this is a fight that is winnable, despite Biden's early bumbling and the irrelevant conventional wisdom that the Senate will defer to one of its own. (Remember John Tower, whose Senate record could not rescue his nomination as Bush Senior's Defense Secretary?) The Clinton impeachment hearings and trial showed repeatedly that most Americans have little patience with moral extremists like Ashcroft, and it shouldn't take much to convince a broad segment of the public that he is out of touch. Civil liberties and corporate regulation have a currency and a constituency they lacked when public-interest groups beat Bork in 1986. With public support for the death penalty falling, with even GOP governors questioning the wisdom of the drug war, with Republican Supreme Court Justices reaffirming Roe v. Wade and a Republican Congress softening the Cuba embargo, Ashcroft looks like a dinosaur, the anachronistic spawn of Strom Thurmond and Jesse Helms.
Besides, whatever the outcome, a fight against Ashcroft will generate rather than expend political capital for civil rights and civil liberties advocates. Democrats gained from the Bork and Thomas confirmation fights as the public became educated about the real agenda of conservatives and as Beltway-bound liberal lobbies reconnected to grassroots constituencies. There is every reason to think Ashcroft could be defeated--and even if he is not, fighting his confirmation could lay the foundation for a new coalition, a shadow Justice Department that will dog the Bush Administration's every judicial nomination and every reversal of civil rights. This is no time to roll over.
Now Ashcroft will decide who's on the bench.
The civil rights division will retrench--
Unless it finds that civil rights entails
Some breaks at last for pure white Christian males.
The jobs and housing efforts that depend
On Justice will on Ashcroft's watch all end.
And solemn friend-of-court briefs will be filed:
"Abortion simply means to kill a child."
One comfort lasts, as dreams of justice shatter:
Ralph Nader said it really wouldn't matter.
Gale Norton thinks there's no place you can spoil
If what you do to it produces oil.
She'd like to see no regulations left;
She thinks controls on property is theft.
Emissions? Who should monitor their flow?
To her it's clear: the firm's own CEO.
So drillers drill. Here's what Interior's got:
A protégée of James (The Crackpot) Watt.
Don't tear your hair and curse those who begat her:
Remember: Nader said it wouldn't matter.
Bush v. Gore is a fitting start to the next four deranged years.
Secretary of State-designate Colin Powell needs to explain his participation in several sordid episodes of the United States' past.
Bill Clinton is moving to install Terry McAuliffe as the head of the DNC, a cynical move in this day of pay-to-play politics.
The governor issued a moratorium on executions in Illinois a year ago, after investigative-reporting students and their professor saved an innocent man from the death chamber.
Some reasons (personal and political) for applauding Colin Powell's new appointment.