Civil Liberties

Civil Liberties And The Presidency: From John Adams To Barack Obama

When it comes to the issue of the Presidency and the Bill of Rights, many Presidents have scored at an alarmingly low rate, often despite many other virtues that these Presidents have possessed.

John Adams set a terrible standard when he signed into law the Alien and Sedition Acts of 1798.

Andrew Jackson forcibly decreed the removal of five Native American tribes (The Trail Of Tears) from their ancestral lands and relocation in Oklahoma, supposedly forever, but with the discovery of oil in Tulsa, the territory was opened to whites in 1889, and reservation life became the norm.

John Tyler, through negotiation to add Texas to the Union, and accepting its institution of slavery, helped to create the slavery expansion issue as one which would divide the nation and lead to Civil War, and Tyler was part of the Confederate government and gave up his American citizenship.

James K. Polk further promoted the expansion of slavery through war with Mexico, and had no issue with slavery anywhere and everywhere.

Millard Fillmore, signing the Compromise of 1850, allowed the South to pursue fugitive slaves in the North.

Franklin Pierce, signing the Kansas Nebraska Act in 1854, made the expansion of slavery develop into the Kansas Civil War, which led to the Civil War.

James Buchanan endorsed the Dred Scott Decision, which allowed expansion of slavery everywhere in the nation, if a slave owner chose to move to the North with his slaves.

Abraham Lincoln suppressed press freedom; allowed preventive detention; and imposed a military draft that one could escape only by paying a fee that only wealthy people could afford.

Andrew Johnson wanted to restrict the rights of African Americans after the Civil War, and was an open racist, much more than anyone.

Grover Cleveland promoted the reservation life and adaptation to white culture for Native Americans through his signing of the Dawes Act in 1887.

Theodore Roosevelt spoke and wrote often about superior and inferior races, seeing only intellectual accomplishment and military strength as the basis to admire individuals of other races, but believing in white supremacy and the “Anglo Saxon” race.

Woodrow Wilson backed restrictions on citizens during World War I, and presided over the Red Scare under Attorney General A. Mitchell Palmer after the war, as well as showing racist tendencies toward African Americans and Japan. He signed the Sedition Act of 1918, and issued an executive order segregating African Americans in Washington, DC.

Franklin D. Roosevelt interned Japanese Americans under executive order during World War II, and did little to deal with the racial problem in the South.

Richard Nixon arranged for bugging and wiretapping of his “enemies”; arranged break ins and “dirty tricks”; and became engaged in obstruction of justice and abuse of power, leading to moves toward impeachment and his eventual resignation from the Presidency, due to the Watergate Scandal.

Ronald Reagan cut back on civil rights enforcement, and showed insensitivity on the issue of apartheid in South Africa.

George W. Bush pushed through the Patriot Act, and the government engaged in constant civil liberties violations as part of the War on Terror.

Barack Obama also promoted violations of civil liberties, as part of the continued threat of international terrorism.

So 17 Presidents, at the least, have undermined our civil liberties and civil rights, often overlapping.

Barack Obama In Line With Presidents Abraham Lincoln And Harry Truman! Profiles In Courage!

President Barack Obama is in line with Presidents Abraham Lincoln and Harry Truman in his courageous use of executive orders, which were highly unpopular, but the right thing to do!

Lincoln issued the Emancipation Proclamation, despite his entire cabinet suggesting that he not do so, as it would cause great controversy. But Lincoln knew it was the right thing to do morally and ethically, and that politically, it would help to prevent Great Britain and France from recognizing the Confederate States of America, which would have caused war between the US and the two major European powers.

Truman knew that his executive order ending segregation in the armed forces and in Washington DC would rile up the Southern states, and cause his election campaign a lot of damage in the Old South, but he went ahead anyway, because it was the right thing to do, and politically, it made him a profile in courage. Despite losing four Southern states to the States Rights Presidential candidate, Governor Strom Thurmond of South Carolina, Truman still staged an upset victory over Republican nominee Thomas E. Dewey. His actions against segregation cemented an African American alliance long term with the Democratic Party, and spurred the growth of the Civil Rights Movement in the 1950s and 1960s.

Now, Barack Obama taking action on immigration reform, is taking a courageous action, vehemently opposed by Republicans and conservatives, but the right thing to do morally and ethically. The long term effect will be to cement the Hispanic-Latino-Asian alliance with the Democratic Party, and will insure that the Republicans will be marginalized, as the white population dwindles over time, and the elderly right wing majority will disappear over time.

Let us salute our President, as history judges Lincoln and Truman, for having done the right thing in the midst of massive assault and threats of retribution. This is what the Presidency is all about–principle, conviction, and courage!

Attorney General Eric Holder Leaving The Obama Cabinet: A Major Loss Of One Of the Greatest Attorneys General In American History!

One of the longest serving Attorneys General in America, Eric Holder, announced today that he was leaving the Obama cabinet as soon as a successor is confirmed, probably at the beginning of the 114th Congress in January!

By then, Eric Holder will have served six years, the third longest term as Attorney General, only trailing second place Janet Reno under Bill Clinton, and William Wirt, who served longer than anyone under James Monroe and John Quincy Adams in the early 19th century!

Holder has been bitterly attacked for his performance and his own character by right wing whackos of the Tea Party Movement, and joined by Republican leaders in both houses of Congress, who have stopped at nothing to degrade him, including citing him for contempt of Congress, and threatening impeachment.

Through it all, Holder has acted with dignity  and class, just like his boss, President Obama.  Both of them have refused to take the bait and get angry, and have made their critics look what they are—prejudiced, biased, racists, and not giving a damn about civil rights and civil liberties of all of the American people.

Holder has worked to try to restore the Voting Rights Act, after the shameful reversion on much of it by the Supreme Court in 2013.

Holder has worked to promote prison reform, and to lower the prison population by freeing people who were wrongfully convicted or kept in prison way beyond all reasonable sentences.

Holder also prosecuted hundreds of terrorism cases, tackled financial fraud, and worked against violent crime and corruption, as well as working to promote the environment.

Holder was the first African American Attorney General, and he should be succeeded by retiring Massachusetts Governor Deval Patrick, another African American.

That will be difficult if the Republican opposition wins control of the Senate, another reason for everyone to vote in the midterm elections.  We are bound to see open racism by many Republicans if Patrick is nominated to succeed Holder, even if the GOP does not win the Senate majority!

This nation was blessed to have a great man as our Attorney General, and Eric Holder will be ranked among the top Attorneys General in American history over time!

Franklin D. Roosevelt’s Second Bill Of Rights (January 11, 1944) Not Yet Achieved In 2014!

Now that THE ROOSEVELTS series on PBS, the seven part series presented to the nation by the great documentarian Ken Burns, is over, many thoughts and emotions cross one’s mind.

FDR offered so much to the nation in his New Deal, and in his leadership of the struggle against Nazi Germany, Fascist Italy, and Imperial Japan in World War II.

But what struck this author more than any of this, while watching this 14 hour series over the past week, is an often forgotten speech, the State of the Union speech of January 11, 1944, delivered by FDR in a joint session of Congress.

The speech dealt with the issue of a “Second Bill Of Rights”.

FDR knew that the Bill Of Rights had made America the beacon of the civilized world, with the basic civil liberties it granted to all Americans.

But FDR was looking ahead to the end of World War II, and envisioned a nation that would extend the concept of a bill of rights to other issues that affected all Americans.

So FDR called for a future guarantee of everyone having a decent job with a living wage; a guarantee of decent housing for all Americans; a guarantee of a decent supply of food, clothing, and leisure for all; a guarantee of a decent education providing opportunity for all to advance; an expansion of Social Security beyond the beginning of the concept nine years earlier in 1935; and  provision for a decent health care system for all Americans.

Now 70 years later, none of these have been accomplished, although Social Security has improved tremendously for the elderly, and for women who are widowed and children who lose a parent or are orphaned: Medicare has done so much to help the elderly and disabled; and ObamaCare, under great duress, has provided health care for millions of Americans who never had health coverage before.

But yet, conservatives and Republicans are out to make Social Security and Medicare privatized, and want to destroy ObamaCare!

But we have too many people who cannot find work, due to the Great Recession of George W. Bush and cannot even gain extension of the New Deal concept of unemployment compensation; many Americans live in substandard housing; many people go hungry and live in dire poverty; many have to work multiple jobs and cannot have time for leisure, with most Americans not able to have vacation time, less than any European democracy, or Canada or Australia;  and many children are denied a good education system and can only gain minimum wage employment as adults.

The right wing extremists are trying to destroy the New Deal and Great Society reforms, and return American to a century ago before there was social justice and economic opportunity and political reform offered, starting with the Presidency of Theodore Roosevelt.

How can any decent American not rise up in protest and anger at the selfishness and greed of the elite one percent and their propagandists, who do not care what happens to anyone other than their own class?  Why is acquisition of obscene wealth and power so important that these right wingers have no humanity, no common decency, no desire to see their fellow Americans have a chance to succeed as they were given?  Why is the hatred of taxes so vehement, as if one can take his or her wealth to the grave, or give it in obscene amounts to offspring who will never know responsibility or the virtue of accomplishing on their own?  What is wrong with this nation, that 70 years after the “Second Bill of Rights” speech of FDR, we have made very little progress on the goals of the speech, and have even backtracked on them, and we have evil forces wanting to destroy the most significant programs of the New Deal and Great Society?

Central Intelligence Agency Spies On All But Four Nations!

The news has come out that the Central Intelligence Agency, created in 1947, and often under attack for its actions, and its illegal doings much of the time, often without knowledge of the President of the United States, has seen its leader in Germany expelled for spying on Chancellor Angela Merkel, including her cell phone.

This action to expel the CIA leader came about without the knowledge of President Barack Obama, and it has caused an embarrassing incident between a friendly nation and the United States.

But it is nothing new for the CIA to go around Presidential control or awareness, and it has been a constant problem, much of it exposed by the Church Committee (headed by Idaho Senator Frank Church) in the mid 1970s!

The CIA is often seen as a shadow government within our government, not accountable to the White House or Congress or the Supreme Court, all in the name of national security.

Thus the National Security Agency and 15 other spy agencies have a budget that is not public knowledge, and we have learned that they are eavesdropping on ordinary Americans in the quest to keep our nation secure, but worrying civil liberties advocates tremendously.

The most interesting revelation coming out of the expose of the German situation is that only four nations, all English speaking, do not have CIA spying going on in their nations–Great Britain, Canada, Australia, and New Zealand!

So even such allies as Israel, France, Germany, Italy and Japan, among others, are being spied upon regularly!

Fifteen Most Right Wing States In America: The Candidates

As America moves forward on so many issues socially, the “hinterland” of the nation languishes in its revelry of backwardness, allowing themselves to be influenced by Christian fundamentalists and business tycoons who do not give a damn about the rights of women, the rights of children, the rights of gays and lesbians, the right to safety from gun extremists, the right to labor protections, the right to promotion of the environment, the rights of minorities, the rights to basic health care, the rights to a public education, and the right to basic civil liberties for all citizens and non-citizens.

Instead, there are many states who are working to outlaw abortion completely within their boundaries; to deny poor children free breakfast and lunch; to refuse to recognize same sex marriage protections; to expand the rights of gun enthusiasts at the expense of public safety; to refuse to expand unemployment compensation and the minimum wage for workers; to undermine environmental protections and fight the federal government on the creation of new national parks and monuments; to imprison and execute minorities on a much larger scale than whites; to refuse to expand Medicaid or provide any kind of health care for the poor and disabled; to promote privatization of schools and charters and cut spending on public schools; to teach creationism as science in public schools; and to give police undue power to shoot and kill when uncalled for in many domestic situations that arise as part of a troubled social structure in America!

Trying to make a list of fifteen most right wing states is not easy, as there are numerous candidates for such dubious honors!

It is as if we live in two Americas–the progressive, modern, secular, advanced states of the two coastlines and the upper Midwest; and the backward, 19th century mentality, theocratic, backward states of the “hinterland”, resentful of a changing America that includes large numbers of people of very different backgrounds and agendas than these mostly rural, isolated states, many with much smaller population, but having influence through the US Senate, and the Tea Party ability to create barriers in the US House of Representatives.

Here is a list of states that the author believes have the unique distinction of competing for the most backward, reactionary states in America in the 21st century. These states are not being ranked, but just listed at this point.

Alabama
Mississippi
Louisiana
Arkansas
North Carolina
South Carolina
Tennessee
Kentucky
West Virginia
Nebraska
Kansas
Oklahoma
Idaho
Utah
Wyoming

Notice nine of the fifteen are the old South or border South; three are the Great Plains; and three are the Mountain West.

The author welcomes discussion of this list of most right wing states, and he will make a judgment later on which state is the most backward in 2014!

FDR’s Worst Domestic Mistake: 72nd Anniversary Of Japanese American Internment Order

Franklin D. Roosevelt is rated in most polls of scholars as our second greatest President, right behind Abraham Lincoln, or if placed third, behind George Washington as well.

FDR did so much good for us in the years of the Great Depression, with his wide variety of New Deal programs, and he also took us through the travails of World War II.

But he made a horrible mistake, when he issued Executive Order 9066 on this day in 1942, 72 years ago, allowing the building of prison camps, specifically for Japanese Americans, but also for some German Americans and Italian Americans, on the basis that they might be a “Fifth Column” working for the nation of their family’s origin.

About 110,000 mostly Japanese Americans were locked up in internment camps, and if they tried to escape, were shot and killed by guards. They were kept there until the middle of 1945, for no crime other than their ethnicity.

Many of the young Japanese American men went off to fight in Europe in World War II, and won more medals, honors, and awards for their bravery in battle, than any other unit of the war effort.

It took until 1988 for President Ronald Reagan to sign legislation granting compensation to the approximate 50,000 such victims still alive.

On the 31st anniversary of Executive Order 9066, President Gerald Ford signed legislation in 1976, declaring that executive order null and void for the future, with the memory of the miscarriage of justice that had been visited on Japanese Americans.

Never again should any such executive order be issued against any ethnic, racial, or religious group, but one can be sure that there are many right wingers who would love to do the same to our Muslim population, or our Latino population.

This mistake by FDR, giving in to hysteria, was upheld shamelessly by the Supreme Court in Korematsu V. US in December 1944, a low moment for the Court, but not the only one it has done in its long history!

Civil liberties of people should never be breached in the name of hysteria and panic!

Abraham Lincoln And Barack Obama Comparisons

The more one studies Abraham Lincoln and witnesses the Presidency of Barack Obama, the more one can see comparisons.

Both of these Presidents faced more hate than any other Presidents, and both faced more assassination threats than any other Presidents.

Both of these Presidents faced the greatest crises in American History, along with Franklin D. Roosevelt, and dealt with them effectively, although not appreciated at the time of the events.

Both of these Presidents used their executive authority to effect change, and in so doing, divided their own nation, but did what they felt they must do.

Both of these Presidents came from comparatively little background in national government, with Lincoln having just two years in the House of Representatives, and Obama having four years in the Senate.

Both of these Presidents picked their chief rival for the nomination, New York Senators William Seward and Hillary Clinton, to be their Secretaries of State, with both cabinet members being significant in their roles on foreign policy.

Both of these Presidents came from Illinois, the only two Presidents elected from that state, although Ronald Reagan was born in Illinois, but elected from California.

Both of these Presidents were anti war, Lincoln in the Mexican War, and Obama in the Iraq War, and yet both waged war in office.

Both of these Presidents stretched civil liberties in reaction to threats to the nation–Lincoln with the Civil War and Obama with the war on terrorism.

Both of these Presidents had the gift of oratory, and the making of memorable statements.

Both of these Presidents had an excellent sense of humor, and could make fun of themselves.

Both of these Presidents showed compassion and empathy, crucial character strengths for any President.

Both of these Presidents demonstrated great courage in the face of challenges internally and externally, and could make decisions and live with them.

Both of these Presidents made mistakes, admitted to them, and moved on to other challenges without regrets.

Both of these Presidents were ridiculed, lampooned, denounced, abused in oratory, and yet kept their dignity and class as human beings, never giving in to petty responses.

Both of these Presidents were attacked by Southerners, and both worked against the racism and narrow mindedness so prevalent in the 19th century South, and, sadly, in the 21st century South.

Both of these Presidents were very devoted to their children, and found adequate time to be good dads while serving in the most stressful job any American can have, the honor of being our President.

Barack Obama still has three years to go, and as time goes on, he will rank higher in history than he is seen as now by critics, just as Lincoln suffered while in office, but now has been regarded by serious historians as the greatest American President!

53 Years Since Eisenhower “Military-Industrial Complex” Farewell Address

On this day in 1961, three days before leaving the Presidency, President Dwight D. Eisenhower, the last military career President we have had, warned of the dangers of the “Military-Industrial Complex” interfering with the basic civil liberties of our nation, and undermining our sense of privacy from government intrusion.

Tragically, that “Military-Industrial Complex” warning has come true, as we have seen surveillance programs by the National Security Agency and Central Intelligence Agency, on all citizens, due to the fight against terrorism since September 11, 2001.

Barack Obama, who criticized the early stages of this intrusion under George W. Bush, has doubled down on what Bush has done, and expanded it, although today, he is giving a speech offering limitations on such intrusions, without giving up the right and authority of the federal government to continue to do what they have been doing, which was revealed by Edward Snowden.

So the issue of liberty versus security continues to be a divisive issue, which will have a deleterious effect on the legacy and historical image of Barack Obama, with the possibility that, in the long term, he will be given slack by scholars, much like Abraham Lincoln has been treated by many experts, in his violations of civil liberties during the Civil War, 150 years ago, a time when our nation was in equal, if not greater, danger!

The Most Significant Long Range Events Of 2013

Now that we are in the last day of 2013, it is time to reflect on what the most significant long range events of 2013 are, events that will affect us in the future, and are signs of progress, which can never be reversed.

They include in no special order:

The accomplishment of national health care, a dream since Theodore Roosevelt first mentioned the concept in his Progressive Party campaign in 1912, later suggested by Harry Truman, partially enacted by Lyndon B. Johnson, attempted by Bill and Hillary Clinton unsuccessfully, promoted by Senator Ted Kennedy, and finally becoming law under Barack Obama. Even with all of the kinks and quirks now and in the future, national health care is here to stay, finally making America reach the stage of all other democracies in the world, but as usual the last to adopt social and economic reform, as compared to Europe, Canada, and Australia.

The acceptance by the Supreme Court of the concept of gay marriage, and the expansion from nine to eighteen states of acceptance of same sex marriage, and nothing will ever reverse what has happened, and eventually, the Supreme Court will mandate its legality throughout America, just as they did for interracial marriage in 1967. Many may not like it, but just as with interracial marriage, one does not have to engage in either interracial or same sex marriage, but it is nobody’s business to tell someone else who he or she is to love and to have the benefits of marriage, and no religious institution needs to accept it, as civil marriage will always be available.

The civil war raging in the Republican Party, which will determine if the party of Lincoln, TR, and Ike will survive or go into the dustbin of history, which Is certain, if the right wing Tea Party Movement is allowed to take over the party apparatus, and control the House and Senate Republican caucuses, and control major state governments around the nation. An extreme right wing Republican Party will not survive, and will give the Democrats such dominance that a moderate centrist party, maybe on the pattern of the Whig Party of Henry Clay, Daniel Webster, John Quincy Adams and Abraham Lincoln in the 19th century, will then emerge as a valid alternative to the more leftist Democratic Party by comparison.

The rise of a permanent Democratic majority in the Electoral College, as Georgia, Texas, Arizona and North Carolina will turn “blue” over the rest of the second decade of the 21st century, due to the growth in the Hispanic-Latino population, and the alienation of women from the Republican Party, which is working to control the reproductive lives of women. Both groups will swing these Sun Belt States to the Democrats, and with the Atlantic Coast from New England down to Virginia, and the Pacific Coast and the Upper Midwest more “blue” all of the time, there will be no way that Democrats will lose the White House over the next couple of decades, whether they nominate Hillary Clinton or Joe Biden, or someone else, for the Presidency in 2016 and beyond.

The Supreme Court will turn more liberal, as over the remaining years of this decade, the likelihood of new Supreme Court appointments, as well as circuit and district courts, will fall to Democratic Presidents, who no longer have to worry about a filibuster proof majority of 60 votes. The need for only 51 votes or 50 with the Vice President breaking the tie, insures that the courts, and eventually the high Court, will take a different view over time on same sex marriage, abortion rights, civil rights, and civil liberties, reminding one over the next two decades (due to lifetime appointments) of the history of the Warren Court.

A happy 2014 to all my readers and contributors!