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The voters hear on Halloween
The country's doorbell ring.
There's Bush dressed up as real adult
And Gore as human being.

I'm surprised at how many otherwise thoughtful people seem convinced that this election "makes no difference." In my very first Nation column, I quoted Justice Antonin Scalia, who, during a 1997 visit to Columbia Law School, stated publicly that if Brown v. Board of Education came to him as a case of first impression, he would vote against the majority. Most of the federal judiciary are Reagan/Bush appointees. There are an unprecedented number of judicial openings right now because of the unprecedented blocking of Clinton appointees maneuvered by the Republican-controlled Judiciary Committee. A sense of urgency thus prompted me to cull an unscientific sampling of lawyers, writers and human rights activists--all of whom feel that this is an important election in which to make one's voice heard.

Charles Ogletree Jr., professor, Harvard Law School: "The most important election in recent memory will occur on November 7, 2000. George W. Bush, who favors Antonin Scalia and Clarence Thomas, and Al Gore, who favors someone in the mold of Thurgood Marshall and William Brennan, have radically different views of the next Supreme Court appointments. With Roe v. Wade, affirmative action and majority-minority districts at stake, there is no graver choice facing the nation than a progressive Gore Court or a reactionary Bush Court."

Reva Siegel, professor, Yale Law School: "Last term, the Court invalidated provisions of two different civil rights laws, holding that Congress lacked power to enact the antidiscrimination statutes--something the Court has not done since the nineteenth century. After these rulings, it is no longer clear how statutes like the Family and Medical Leave Act or the Pregnancy Discrimination Act can be enforced against state employers, or what kind of hate crimes legislation the Congress can enact. But more is at stake than the particular provisions of the Age Discrimination in Employment Act or the Violence Against Women Act, which the Court struck down last term, or the provisions of the Americans With Disabilities Act, which the Court is considering this term. The question is whether the Court continues to recognize and respect the federal government's power to prohibit discrimination as that power has been exercised by Congress in the decades since passage of the Civil Rights Act of 1964."

Richard Matasar, dean, New York Law School: "Judicial appointment is the stealth issue of every national election. While abortion and crime occupy the attention of the press, the judiciary can also carry on a quiet revolution in its allocation of authority between state and federal government. The Republican judiciary has already significantly shifted the distribution of power between governments; this election can break or solidify that shift."

Maivan Clech Lam, professor, City University of New York Law School at Queens College: "The Supreme Court's rulings on state and federal power are very likely in the next years to determine issues of sovereignty important to indigenous Hawaiians and possibly all tribes in general."

Bob Wing, editor, ColorLines: "The prospect of an entrenched reactionary Supreme Court majority is awful.... However, I wish that I was more confident that Al Gore, who is associated with the Democratic Leadership Council's center-right wing of the Democratic Party, would reverse that trend."

Peter Gabel, president, New College School of Law: "I'm not sharply critical of those who want to vote for Gore to protect the Court, but I do think they overestimate the Court's role as an active progressive power and fail to see its essential commitment to maintaining a center (whether center-right or center-left). It is movements in society that motivate the Court to move. A real left needs to do the opposite of defending the empty center, which is perpetually self-erasing and actually blocks the development of a progressive movement. Instead, we must try to emerge into public visibility--visibility to one another!--by voting for Ralph Nader."

Jill Nelson, writer: "I've been thinking that it's the height of the ever-growing class-based disconnect in this society for people who consider themselves left or progressive or liberal to run the 'I'm going to vote for Nader because there's no difference between Gore and Bush.' Rest assured, I'm not happy with any of 'em, but I'm very clear about the importance of Supreme Court appointments and for that reason will vote for the lesser evil, which is the real, disappointing, difficult nature, it seems, of democracy as we know it. The alternative is for me to delude myself that an abstract notion of principle trumps class privilege, which it doesn't. Sure, no matter who's on the Court, me and mine can have abortions and hire top attorneys and otherwise have the possibility of buying ourselves out of whatever mess we're in, but that's not enough. For me, democracy is fundamentally about community, and to paraphrase Reagan in that movie, what about the rest of us?"

Sydelle Pittas, attorney: "In the course of work on a television series I produced for the Women's Bar Association on 'Your Legal Rights,' I interviewed almost all of Massachusetts' sitting federal judges. From them I learned a few things that showed me how important it is to have Justices who understand the experiences of real women. Justices are human beings, and while they are impressive in how mightily they strive to find the law rather than make it, how they make those findings necessarily comes from their own understanding, based at least in some part on their experience."

Bill Ong Hing, professor of Law and Asian-American Studies, University of California, Davis: "People of color and other traditionally subordinated groups have few institutions upon which they can rely. Their skepticism of the judicial system's desire to respond to their plight has reached a new high point, as the Court molded by Nixon-Ford-Reagan-Bush (Carter made no appointments) has come to dominate the nation's jurisprudence.... Whether and to what extent, if any, the Supreme Court serves as an agent or ally of social change is debatable. But a progressive voice of a Supreme Court majority--open to the views and experiences of those who have been marginalized--would foster a culture (and hope) for change in other mainstream institutions."

A new poll has found that strong majorities of Americans have high
levels of interest and concern about a range of issues that are rarely
being discussed in the current political campaign. And on several key
issues where candidates George W. Bush and Al Gore basically agree--the
benefits of international trade and increased military spending relative to
other priorities, for instance--the public does not.

The poll, commissioned by The Nation magazine and the Institute for Policy
Studies, a Washington-based think tank, found that:

§ Despite the booming economy many Americans worry about the
disenfranchised: they show concern for the many Americans without health
insurance (91%) and the gaps between rich and poor (74%). An overwhelming
majority (81%) supports an increase in the minimum wage.

§ While both candidates express enthusiasm for the growth of international
trade, a huge majority of voters (83%) wants to see this growth moderated
by other goals--protecting workers, the environment and human rights--even if
this means slowing the growth of the economy.

§ While both candidates are speaking in favor of increases in defense
spending, a strong majority (63%) is interested in the possibility of
redirecting defense funds to education and other priorities.

§ A clear majority considers it "very important"
or "somewhat important" for the candidates to debate some of the foreign
policy issues that are rarely being discussed, such as the comprehensive
test ban treaty (80%) and contributing to international peacekeeping
operations (86%). An equally strong majority (81%) wants the United States
to work with other countries through the United Nations.

"These results suggest a disconnect between the rhetoric of the political
campaign and the reality of public concerns," says Katrina vanden Heuvel,
editor of The Nation.

The poll was conducted in late September by the Center on Public Attitudes
(COPA), an independent social science research center closely associated
with the University of Maryland. It asked questions that had been asked in
previous polls over the last several years by the Pew Research Center; ABC
News; the Center's own Program on International Policy Attitudes (PIPA, a
joint program with the Center on Strategicl and Internationa Studies at
the University of Maryland); Newsweek; and CBS News/New York Times.

These questions were asked again to see if the current political campaign
has made much difference in public attitudes. Surprisingly, The Nation/IPS
poll found that voter views and levels of interest on these issues are
generally about as strong as they were in mid-1999--even though many of the
issues tested received scant attention during the last 12 months of
intensive campaigning.

"Despite the assurances of politicians that times have never been better at
home and that globally we're in a new era of Pax Americana, we see that a
majority of voters are, in poll after poll, worried by unfettered free
trade, growing inequality at home and abroad, and U.S. unilateralism. They
are out ahead of one or both of candidates Bush and Gore in believing fair
trade is more important than free trade, supporting cuts in military
spending and reinvesting in other programs, and wanting the U.S. to play by
the rules through the United Nations," says John Cavanagh, Director of the
Institute for Policy Studies.

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On the eve of the first presidential debate, a new poll has found that strong majorities of Americans have high levels of interest and concern about a range of issues that are rarely being discussed in the current campaign. And on several key issues where candidates George W. Bush and Al Gore basically agree--the benefits of international trade and increased military spending relative to other priorities, for instance--the public does not. The poll, commissioned by The Nation and the Institute for Policy Studies, found that:

§ Americans are concerned about the disfranchised, including the many without health insurance (91 percent) and gaps between rich and poor (74 percent). A large majority (81 percent) supports an increase in the minimum wage.

§ Both candidates express enthusiasm for the growth of international trade, but 83 percent of the public wants trade combined with other goals--protecting workers, the environment and human rights--even if it means a slowing economy.

§ Both candidates favor increases in military spending, but a strong majority of the public (63 percent) is interested in redirecting some military funds to education and other needs.

§ A clear majority (80 percent) wants debate on foreign policy issues like the Comprehensive Test Ban Treaty; 81 percent say they want the United States to work with other countries through the United Nations.

Majority views and levels of interest on these issues are generally about as strong as they were in mid-1999, even though many of the issues tested have been out of the spotlight over the past twelve months of campaigning.

The poll was conducted by the Center on Policy Attitudes, an independent social science research center. For full results: www.thenation.com, www.foreignpolicy-infocus.org or www.ips-dc.org. Or call IPS: (202) 234-9382, ext. 258.

To Nader or not to Nader, that is the question. A debate over whether Green Party presidential candidate Ralph Nader is a savior or a spoiler has raged for months among progressives. Neither argument satisfies, however, because both are partly right. Votes for Nader instead of Al Gore in a close election really could elect George Bush, with negative consequences for women, minorities, workers and the environment. Yet without Nader, centrist Democrats could bury progressivism even deeper.

Given Nader's remarkable career and the potential of his campaign to build on new movements for fair trade, fair elections and fair wages, the very debate over his campaign reveals a serious flaw in our antiquated electoral rules: Voting for your favorite candidate can lead to the election of your least favorite candidate. Providing the means to express one's real views and insuring majority rule are basic requirements of democracy. But our current system badly fails these tests.

Fortunately, the British, Australians and Irish have a simple solution: instant runoff voting (IRV). They share our tradition of electing candidates by plurality--a system whereby voters have one vote, and the top vote-getter wins--but they now also use IRV for most important elections. Mary Robinson was elected President of Ireland by IRV. Labor Party maverick Ken Livingstone was elected mayor of London. The Australian legislature has been elected by IRV for decades. States could implement IRV right now for all federal elections, including the presidential race, without changing federal law or the Constitution.

IRV simulates a series of runoff elections, but in a single round of voting that corrects the flaws of runoffs and plurality voting. At the polls, people vote for their favorite candidate, but they also indicate their second, "runoff," choice and subsequent choices. If a candidate receives a majority of first choices, the election is over. If not, the candidate with the fewest votes is eliminated, and a runoff round of counting occurs. In this round your ballot counts for your top-ranked candidate still in the race. The eliminated candidate is no longer a "spoiler" because the votes of that candidate's supporters go to their runoff choice. Rounds of counting continue until there is a majority winner.

Imagine this year's presidential race with IRV. Nader supporters worried about George Bush could rank Nader first and Gore second. Suppose Bush won 45 percent of first choices in a key state, Gore 44 percent, Nader 9 percent and the rest 2 percent. Under current rules, Bush wins. But with IRV, after Nader loses in the instant runoff, his supporters would propel Gore above 50 percent and defeat Bush. Rather than contribute to Gore's defeat, Nader could help stop Bush, while delivering a message to Gore: Watch your step on trade, political reform and the environment.

Freed from the spoiler stigma, Nader could more easily gain access to the presidential debates, inform and mobilize a progressive constituency and win more votes. Higher turnout and increased attention to progressive issues could move the political center and help Democrats retake Capitol Hill. The Green Party could gain a real foothold. In other words, his campaign would be a win-win, rewarding the energy of young activists, whose belief in electoral politics would be put at risk by a weak Nader performance.

Surveying past elections, it's intriguing to consider what might have been. What would have happened with IRV in 1968, when the anti-Vietnam War movement was left without a champion in the general election and Richard Nixon narrowly edged out Hubert Humphrey? Might Jesse Jackson in 1996 have pursued his proposed independent candidacy, forcing Bill Clinton to justify his moves to the right? What might socialists Norman Thomas and Henry Wallace have achieved in the thirties and forties?

Of course, IRV isn't only for liberals. This year it could have encouraged John McCain to ride his Straight Talk Express over to the Reform Party, and in past years it could have boosted Ross Perot. IRV has no ideological bias, as has been proven by its shifting partisan impact in eight decades of parliamentary elections in Australia. Its virtue for all sides is that it doesn't punish those ready to challenge the status quo.

At the same time, IRV is proving a winning argument for both Democrats and Republicans when they are confronted with potential spoilers. Worried by the fact that strong Green candidacies have split the Democratic vote in two of the state's three House seats, prominent New Mexico Democrats are backing IRV, and the State Senate decided in 1999 to give voters a chance to enact IRV for all state and federal offices. In Alaska the Republican Party, also beset by split votes, has made a sweeping IRV bill for all state and federal offices its number-one legislative priority, and advocates have already collected enough signatures to place IRV on the statewide ballot in 2002. Vermont may hold the most immediate promise. Boosted by public financing, a progressive third-party candidate is mounting a strong challenge in the governor's race, and an impressive coalition from across the spectrum supports IRV for statewide elections. Public financing and IRV are indeed well matched: With IRV, clean-money candidates could run from across the spectrum without inviting spoiler charges.

Cities are also good targets for IRV campaigns. A charter commission in Austin, Texas, has recommended replacing two-round runoffs with IRV. Voters in Santa Clara, California, and Vancouver, Washington, recently approved ballot measures to make IRV an explicit option in their charters.

For all IRV's benefits, ours remains a majoritarian system, and minor-party candidates aren't likely to win office much more than under plurality rules. To achieve truly fair representation would require other reforms, such as campaign finance reform and proportional representation for electing legislators. But IRV is the best way to eliminate the spoiler dynamic that suppresses candidacies--and the debate and participation they could generate. If progressives learn one lesson from campaign 2000, let it be that the next presidential campaign should be conducted under fairer rules. Real democracy needs a rainbow of choices, not the dull gray that results in one of the lowest voter turnouts in the democratic world.

The project of racial reconciliation and historical correction is "constitutional" in the deepest, multiple senses of that word.

Right now, there are three votes on the Court to get rid of Roe altogether and often four or five to impose costly, chilling and burdensome regulations on the exercise of that right by the patient and her doctor.

The future of the Supreme Court is the most important issue in the most important election year since 1932. Progressive Americans should treat it that way. The radical right does.

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