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Bought Justice and The Supreme Court Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=10785"><span class="small">Dylan Ratigan, Reader Supported News</span></a>   
Saturday, 05 November 2011 11:45

Ratigan Writes: "The Supreme Court looms over our political landscape like a giant, immovable object. Americans have traditionally respected the court's purview, believing that it serves justice, dispassionately. Yet the most controversial decision of the last twenty five years - Bush v. Gore - has profoundly shaken that sentiment. And other decisions, like the Citizens United ruling that prevented restrictions on corporation and labor outside expenditures in elections, are inviting further skepticism. Just who does the Court serve?"

Future Supreme Court Justice John G. Roberts meets with George W. Bush in the Oval Office, 06/15/05. (photo: Eric Draper)
Future Supreme Court Justice John G. Roberts meets with George W. Bush in the Oval Office, 06/15/05. (photo: Eric Draper)



Bought Justice and The Supreme Court

By Dylan Ratigan, Reader Supported News

05 November 11

 

he Supreme Court looms over our political landscape like a giant, immovable object. Americans have traditionally respected the court's purview, believing that it serves justice, dispassionately. Yet the most controversial decision of the last twenty five years - Bush v. Gore - has profoundly shaken that sentiment. And other decisions, like the Citizens United ruling that prevented restrictions on corporation and labor outside expenditures in elections, are inviting further skepticism. Just who does the Court serve? Is this another case of Platinum Citizens getting one set of rules, and everyone else getting another set of rules? And is the Court dominated, like the rest of our government, by money? Do we have a bought Supreme Court?

This is a difficult, and troubling, question. And it doesn't have an obvious answer. One place to look is at the Citizens United decision itself. The most remarkable aspects of the court's decision-making in Citizens United is the Court's attitude towards corruption. The traditional rationale behind campaign finance restrictions is that campaign money can corrupt or create the appearance of corruption. The court found that, unless there was an explicit quid pro quo and donations were coordinated with candidates, money was not a corrupting force. If there ever were a rationale to restrict free speech in the form of campaign spending, corruption was it. But since campaign money doesn't corrupt, the Court found, the Constitution prohibits the government from regulating money in politics.

Most people believe in common sense, that if you give someone money, or spend money on someone's behalf, you will have influence over them. Excessive influence over a politician leads to corruption. Yet the Supreme Court doesn't see it this way. How did the Court come to have such odd ideas on corruption?

This goes back to the subtlety of money in our politics, and in particular, the purchase of ideas. In the 1970s, a think tank called the John Olin Foundation began promoting something called law and economics, a school of thought started at the University of Chicago that linked the incentive-based thinking of economics to legal rule-making. At the time, the ideas that led to the massive deregulatory impulses of the next three decades were first taking shape; the law and economics school was simply the legal offshoot of this well-funded pro-corporate trend. This new legal theory asserted that traditional legal concepts like equity and fairness were not as important as efficiency and incentives. And it expanded its influence quickly over law schools and courts very quickly through, well, gobs of money. According to conservative journalist John Miller, "the foundation sank more than $68 million into law and economics, and because of this it had a big impact on legal scholarship, the training of lawyers, and judicial behavior."

Over the next four decades, the Supreme Court, and the judiciary in general, became far more amenable to analyses that left out concepts like fairness. And this was not simply due to the conservatives on the courts, though they led the charge. The Supreme Court helped get rid of usury caps for credit cards, and then struck down state laws capping penalty fees. These two significant decisions - the Marquette decision in 1978 and Smiley v. Citibank in 1996 - were unanimous. Bankruptcy filings have naturally spiraled upwards. It wasn't just Congress, the regulators, or the President that deregulated our financial system, it was the Supreme Court as well. And if you want to know why bankers haven't been prosecuted for the financial crisis, well just before the crisis, the court upheld a ruling that investment bankers who knowingly structured sham transactions they knew would be used to falsify Enron's financial statements hadn't committed fraud. Last year, the court ruled for Enron ex-CEO Jeff Skilling.

Today, this concept is so embedded in the judiciary that imposing rules to allow shareholders power over corporate management is now being struck down on the grounds that it would prevent "efficiency, competition, and capital formation." Law schools now churn out lawyers who understand and believe in law and economics, who can be the Supreme Court clerks and legal functionaries to embed these arguments in every nook and cranny of our legal system. Questions of justice are now becoming questions of how to make the law serve the interests of corporations, rather than fundamental issues of liberty. Powerful groups like investment bankers and CEOs can commit unethical acts with no consequence, but more than one in every hundred American men is now incarcerated, most for low level petty violations.

Some people chalk up the Court's problems to a conservative influence on the judiciary. These people point to both Justice Sam Alito and Justice John Roberts, who both argued they would treasure Court precedent during their nomination hearings. It would be hard to find a more outrageous case of not following precedent than Citizens United; corporate money had been restricted for a century. Even more egregious is the case of Justice Clarence Thomas, whose wife took $680,000 of money from the conservative Heritage Foundation, even as he did not disclose the money as required by law on his Federal disclosure forms. Thomas has also helped raise money for the Heritage Foundation. As businessman and ethical advocate Landon Rowland observed, the greatly admired scholar Alexis de Tocqueville distinguished America from corrupt European states by its willingness to subject "the state and its rulers to ordinary courts and the common law." This is no longer the case if a Supreme Court Justice can receive family income from a conservative ideological institution, break the law and not disclose it, and then rule on issues on which that institution has weighed in.

But I think the problem is more fundamental. The bank-friendly cases occurred before these conservatives were on the Court, and they were unanimous decisions. Moreover, just looking at how Democrats responded to these Supreme Court decisions shows that the problem is bipartisan. In response to the Lily Ledbetter decision from the Court on gender-based pay discrimination, Congress passed a statute reversing the Court's mandate. This is good as far as it goes, but where is the grand theory of bringing equity and fairness back to the judicial system? Congress can't, and indeed doesn't, respond every time the court system fails to act in pursuit of justice. The breakdown is becoming so severe that banks can commit rampant foreclosure fraud against debtors and the court system, without consequence. What good is a system of justice that protects the property rights of banks, but not the property rights of anyone else?

Fundamentally, what we need is a new legal theory for the 99%, a new way of looking at corruption. The law and economics school takes a limited approach to the question of justice, but there are seeds of new ways of thinking. Another way of modeling the problem has been pioneered by law professor Zephyr Teachout, who argues there is a structural anti-corruption principle embedded in the Constitution itself in the form of a separation-of-powers. She explores how the founders drafted the Constitution as a response to corruption, and argues that judges need to consider questions of corruption as a Constitutional principle. Other young scholars are remaking our intellectual landscape - telecommunications and cyberdefense specialist Marvin Ammori argues that the First Amendment is a design principle. Public space, he says, is essential for the First Amendment to operate, and judges need to consider that concept. As we see protesters camped out around the country and tussling with public officials over how they can showcase grievances, this seems far more important than more mundane First Amendment questions that typically deal with questions of flag-burning.

The question of money and the courts is not a simple one. Money does corrupt, but in the case of the courts, it isn't illegal to fund intellectual research, nor should it be. What are needed are new ideas and new legal theories to counter the ones that failed. As we watch the torrents of money pour into our politics, it's becoming increasingly impossible to believe that our national institutions are designed to do anything but protect the interest of a very narrow slice of the population. The Supreme Court's power rests on a tradition of integrity and a belief that it will be just in its use of its power to interpret the law. It's based on a belief that the Court's interests are aligned with the rest of us, that we get the choice of pursuing justice when harmed. As this frays, the Court's power will fray as well. This is in no one's interest. We need a system of justice, but a system of justice that serves all of us.

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Breaking Grover Norquist's Spell Print
Saturday, 05 November 2011 11:34

The Times writes: "Opinions differ about what sparked the fall of Sen. Joseph McCarthy in the mid-1950s and the ending of the anti-communist witch hunts he spearheaded, but some historians peg the moment at June 9, 1954, when chief Army counsel Joseph Welch uttered his famous rebuke: 'Have you no sense of decency, sir, at long last? Have you left no sense of decency?' We're reminded of this because today there's another bully whose stranglehold over Congress is paralyzing that body, to the detriment of the majority of Americans who disagree with his single-minded crusade. This time his name is Grover Norquist, and his grip over the nation's budget will only be loosened if more GOP lawmakers find the courage to defy him."

Grover Norquist, president of Americans for Tax Reform, appearing at a news conference on Capitol Hill, 11/03/11. (photo: Jim Lo Scalzo/EPA)
Grover Norquist, president of Americans for Tax Reform, appearing at a news conference on Capitol Hill, 11/03/11. (photo: Jim Lo Scalzo/EPA)



Breaking Grover Norquist's Spell

By Los Angeles Times | Editorial

05 November 11

 

His grip over the nation's budget will only be loosened if more GOP lawmakers find the courage to defy him and his no-tax-hike agenda.

pinions differ about what sparked the fall of Sen. Joseph McCarthy in the mid-1950s and the ending of the anti-communist witch hunts he spearheaded, but some historians peg the moment at June 9, 1954, when chief Army counsel Joseph Welch uttered his famous rebuke: "Have you no sense of decency, sir, at long last? Have you left no sense of decency?" We're reminded of this because today there's another bully whose stranglehold over Congress is paralyzing that body, to the detriment of the majority of Americans who disagree with his single-minded crusade. This time his name is Grover Norquist, and his grip over the nation's budget will only be loosened if more GOP lawmakers find the courage to defy him.

Norquist's bugaboo isn't communists, but taxes. As head of Americans for Tax Reform, he pressures lawmakers - overwhelmingly Republicans - into signing his organization's pledge not to raise taxes, and then threatens the political careers of those who deviate. This is destroying hopes that the bipartisan congressional Joint Select Committee on Deficit Reduction, which is charged with recommending at least $1.2 trillion in deficit cuts over 10 years, will succeed, or that Democrats and Republicans can agree on any kind of plan to create jobs and boost the economy. Former GOP Sen. Alan Simpson, co-chairman of President Obama's fiscal commission, told the deficit panel Tuesday that Republicans were "in thrall" to Norquist, taking consideration of revenue increases to balance the budget off the table.

The notion that such broad deficit reductions could be achieved without either increasing revenues or ravaging the public services that Americans demand is a fantasy, as Simpson and other experts on fiscal policy suggested. All four experts addressing the panel Tuesday, including former GOP Sen. Pete Domenici, who chaired the Senate Budget Committee for more than a decade, agreed that both tax hikes and cuts to entitlement programs should be part of the package. There are some signs, albeit faint ones, that Republican members of Congress are starting to agree. On Wednesday, a letter to the deficit committee signed by 40 House Republicans (including many who had signed Norquist's pledge) and 60 Democrats was released saying that "all options for mandatory and discretionary spending and revenues must be on the table."

Rep. Steven C. LaTourette (R-Ohio), who has signed the no-tax pledge, told the Washington Post that if he had a nickel for every Republican who said he supported the letter's goal but didn't dare cross Norquist by signing it, he'd be "rich and retired." But even many of the letter's signatories were quick to deny that they supported tax hikes, saying they were merely in favor of considering other revenue increases.

The deficit fight isn't all about Republican intransigence; Democrats have been unwilling to consider the kind of entitlement cuts, particularly involving Medicare, that experts say are needed to get a handle on the national debt. But Democrats have demonstrated far more willingness to compromise, in large part because they don't have a Norquist holding the Sword of Damocles over their heads. How much more damage does he have to do before more leaders stand up for decency?

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FOCUS: End of the Reagan Narrative? Print
Thursday, 03 November 2011 17:34

Parry writes: "Though it may be true that the current crop of Republicans is even more extreme than Reagan, that is mostly because today's GOPers have dropped the few nuances that Reagan retained because of the political constraints that he faced. Three decades into Reagan's transformation of America, the Right's accumulated power has allowed the embrace of even more radical positions."

Frederick Ryan Jr. of the Ronald Reagan Presidential Foundation unveils a bronze statue of Ronald Reagan at Reagan National Airport in Arlington, Va., on Nov. 1, 2011. (Photo: T.J. Kirkpatrick/The Washington Times)
Frederick Ryan Jr. of the Ronald Reagan Presidential Foundation unveils a bronze statue of Ronald Reagan at Reagan National Airport in Arlington, Va., on Nov. 1, 2011. (Photo: T.J. Kirkpatrick/The Washington Times)



End of the Reagan Narrative?

By Robert Parry, Consortium News

03 November 11

 

s yet another statue of Ronald Reagan is unveiled – a $1 million one at Washington’s National Airport which was renamed in his honor in the mid-1990s – the key question about the 40th president is whether his long and destructive era is finally coming to an end.

More than any other political figure, it was Ronald Reagan who put America on its present course toward stunning income inequality and into a brave new world of deregulated industries, which were then able to exploit lax government controls to devastate the economy.

It was Reagan who experimented with “supply side economics” which held that slashing the top marginal tax rates for the rich by half or more would eliminate the federal deficit and supposedly help everyone by letting the extra money at the top trickle down.

It was Reagan who declared that “government is the problem” and convinced many middle-class Americans – especially white men – that they should despise “big government” as a threat to their liberty and trust their financial security to the kindness, wisdom and generosity of corporate chieftains.

It was Reagan who demanded a massive reinvestment in the U.S. military, even as America’s principal adversary, the Soviet Union, was in rapid decline. Reagan also allied the United States with some of the world’s most brutal regimes and insurgent movements, as long as they identified themselves as “anti-communist.”

It also was Reagan who transformed the Republican Party into a political organization disdainful of science and empiricism – and devoted to retaining its power at almost any price. For Reagan and his P.R. team, the goal was always “perception management,” controlling how average Americans saw the world, not how it actually was. [For details, see Robert Parry's Lost History.]

Though it may be true that the current crop of Republicans is even more extreme than Reagan, that is mostly because today’s GOPers have dropped the few nuances that Reagan retained because of the political constraints that he faced. Three decades into Reagan’s transformation of America, the Right’s accumulated power has allowed the embrace of even more radical positions.

As an implicit acknowledgement of Reagan’s continued spell over the U.S. population, Democrats often try to find some common ground with the beloved Gipper, often using the phrase “even Ronald Reagan wouldn’t have gone that far.” But the truth is that Reagan composed the political music that today’s Republican Party plays.

The personable Reagan was the Pied Piper who led middle-class Americans dancing happily toward their own oblivion. Without him, it is hard to envision why so many downwardly mobile Americans would rally to the Tea Party and its demands for lower taxes on the already rich and fewer regulations on today’s corporate masters of the universe.

When the only realistic way to restrain the immense power of the rich and the corporations is through a democratized and energized federal government, Reagan’s memory instead inspires the Tea Party and many typical Americans to demand that government get out of the way.

Beginning of the End?

Yet, the question today is whether the days of Reagan’s enduring narrative are finally coming to a close. Has the Occupy Wall Street movement, which protests the gross economic inequality that Reaganism wrought, eclipsed the Reaganesque Tea Party?

The OWS narrative is that Reagan’s (and George W. Bush’s) tax cuts for the rich – and the deregulation of Wall Street (that had bipartisan support) – greased the skids for the nation sliding into the current swamp of concentrated wealth at the top and a shrinking middle-class.

Though the “Occupy” activists have so far shunned laying out specific policy recommendations, they have hoisted signs that demand that the coddling of corporations end, that the rich pay their fair share, and that the United States commit itself to becoming a more equitable society.

That goal can only be achieved by redistributing some of that concentrated wealth, by rebuilding the middle-class and by restoring jobs that disappeared over the past few decades as U.S. corporations either sought cheaper labor abroad or boosted productivity by replacing manpower with machines.

Reagan – and the “free-marketers” who followed him – encouraged these trends by incentivizing greed via sharply lower income taxes for the rich and by negotiating “free trade” agreements with low-wage countries.

Suddenly, the wealthy – who had seen about 70 percent of their top tranche of income recycled back into American society through income taxes – were getting to keep more than twice as much under Reagan-era reductions in the progressive tax rates. That prompted corporate chieftains to push for much higher pay for themselves, since they could keep much more of it, even as they took steps to hold down the pay of their employees.

To jack-up profits even more, U.S.-based companies shipped millions of factory jobs overseas. And, as capital gains taxes were slashed, too, investors kept even more money than those who earned their pay from work, explaining why multi-billionaire investor Warren Buffett could pay a lower tax rate than his secretary.

The consequences on the United States from these three decades under various forms of Reaganomics (including the neo-liberalism of Bill Clinton and the full Reagan restoration under George W. Bush) are now apparent: massive federal debt for the public sector and major concentrations of wealth in the private sector.

These twin factors have fed two competing political movements: one, identified with the Tea Party, demands sharp cuts in government spending on domestic programs and even fewer regulations on business, and the other, associated with Occupy Wall Street, implicitly favors higher taxes on the rich to fund jobs – and tighter government controls on reckless gambling by the banks.

The danger for the Republicans is that they have gone pretty much all in with the Tea Party. Some top Republicans are even advocating raising income taxes on the poor and middle-class in order to fund more tax cuts for the rich.

So, if the momentum shifts from the Tea Party side to the Occupy Wall Street side, Republicans could find themselves caught in a dangerous crosscurrent. They must hope that the Reagan narrative – hostile to government and favorable to the rich – isn’t swept away before the November 2012 elections.

On the other hand, it is less clear that the Democrats will benefit substantially from a more anti-corporate tide, since they have done their best over the past several decades to muddy the waters regarding their differences with Reaganism, not wanting to be labeled “tax-and-spenders” or “anti-business.”

Still, as careful as many Democrats have been to stay in the middle of the mainstream, President Barack Obama and others have at least offered some limited proposals for raising taxes on the rich to pay for infrastructure investments and other jobs programs. That could put them in position to be pulled along by a favorable public current.

As imperfect a test as Election 2012 is sure to be, it seems likely to offer some measure of whether the Reagan narrative has finally run its course.

[For more on related topics, see Consortiumnews.com’s “Reagan’s Greed Is Good Folly” and “How Greed Destroys America” or Robert Parry’s Lost History, Secrecy & Privilege and Neck Deep, now available in a three-book set for the discount price of only $29. For details, click here.]

Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, Neck Deep: The Disastrous Presidency of George W. Bush, was written with two of his sons, Sam and Nat, and can be ordered at neckdeepbook.com. His two previous books, Secrecy & Privilege: The Rise of the Bush Dynasty from Watergate to Iraq and Lost History: Contras, Cocaine, the Press & ‘Project Truth’ are also available there.

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Republicans Shift Focus From Jobs to God Print
Wednesday, 02 November 2011 19:40

Stanton writes: "Republicans may be trying to focus their messaging on jobs and the economy - and hammering President Barack Obama for campaigning - but they still have time for some red meat base-baiting on the House floor. To wit: House Majority Leader Eric Cantor's (Va.) decision to bring to the floor a measure that 'reaffirms 'In God We Trust' as the official motto of the United States and supports and encourages the public display of the national motto in all public buildings, public schools, and other government institutions,' according to the resolution, sponsored by Rep. Randy Forbes (R-Va.)."

Republican Reps. Eric Cantor, Jeb Hensarling and Shelley Moore Capito address reporters on Capitol Hill, 09/21/11. (photo: Getty Images)
Republican Reps. Eric Cantor, Jeb Hensarling and Shelley Moore Capito address reporters on Capitol Hill, 09/21/11. (photo: Getty Images)



Republicans Shift Focus From Jobs to God

By John Stanton, Roll Call

02 November 11

 

epublicans may be trying to focus their messaging on jobs and the economy - and hammering President Barack Obama for campaigning - but they still have time for some red meat base-baiting on the House floor.

To wit: House Majority Leader Eric Cantor's (Va.) decision to bring to the floor a measure that "reaffirms 'In God We Trust' as the official motto of the United States and supports and encourages the public display of the national motto in all public buildings, public schools, and other government institutions," according to the resolution, sponsored by Rep. Randy Forbes (R-Va.).

The resolution is one of three measures being considered by the House on Tuesday and is nonbinding.

Cantor's office declined to comment for this story.

Democrats ridiculed the decision to bring up the measure.

"The last time we checked, 'In God We Trust' is the national motto of the United States, adopted in 1956, and China was still getting off scot-free while Republican House leaders refuse to bring up a bipartisan bill to level the playing field for American workers," said Nadeam Elshami, spokesman for House Minority Leader Nancy Pelosi (Calif.).

"How hard is it for the Republican leadership to reaffirm its commitment to the middle class by allowing a vote on the bipartisan China currency legislation that will create more than 1 million jobs? Apparently, they're just too busy," Elshami added.

In a statement, Forbes defended bringing the bill to the floor, arguing that Congress needs to directly confront "a disturbing trend of inaccuracies and omissions, misunderstandings of church and state, rogue court challenges, and efforts to remove God from the public domain by unelected bureaucrats."

Forbes points to a number of instances that are driving the need for the bill, including Obama referring to E Pluribus Unum as "our" motto and omission of the motto from parts of the Capitol visitor Center, among others.

"As our nation faces challenging times, it is appropriate for Members of Congress and our nation - like our predecessors - to firmly declare our trust in God, believing that it will sustain us for generations to come," he added.

Forbes' bill is not the first time House Republicans have strayed from a strict jobs, economy and spending schedule.

Last month, for example, the House took up an abortion restriction bill. Democrats have criticized this and other efforts, including a vote to do away with the nation's move to fluorescent light bulbs, as being little more than political measures aimed at the GOP base.

But for the most part, even those sorts of measures have had a jobs or spending connection, regardless of how tangential. The abortion bill would have restricted federal funding for abortions. The light bulb measure was cast as a jobs proposal on the grounds that it could reduce costs to small business.

But there is no connection between the In God We Trust resolution and the GOP's jobs and economy agenda.

It can even be argued that the resolution, when considering Congressional overhead, will cost taxpayers. According to a June Congressional Research Service report, when the House is in session it costs the public $53,534 per day - or $8,360 per hour - in House floor costs. But, as CRS notes, that estimate is extremely conservative, because it does not include "leadership and member salaries, member and committee staff salaries, staff employment benefits, utilities, Architect of the Capitol support staff, and costs associated with the media galleries," which CRS calls "substantial."

With a base salary for lawmakers of $174,000 and slightly higher pay for Speaker John Boehner (Ohio), Cantor and Pelosi, the public spends more than $77 million every year on Congressional salaries. If the House stays on schedule to be in session a total of 128 days this year, taxpayers spend roughly $592,000 per legislative day on Members' salaries.

With three items scheduled to be voted on Tuesday, the total cost of just Members' salaries and CRS' estimated floor operating costs means the resolution will cost at least $215,183.

Cantor and other top Republican leaders have repeatedly criticized Obama and Senate Democrats for not taking more steps to address the economy and have spent significant time pursuing their jobs agenda.

Cantor has held weekly votes on deregulatory bills, and Republicans have had significant successes in making federal spending a top issue.

Cantor and Boehner have also placed new emphasis on moving legislation they believe can make it past the Senate and become law - including last week's tax withholding bill and this week's package of capital formation bills.

Also, Cantor has made jobs a personal mantra, hanging placards around his office that say "Are my efforts addressing job creation and the economy; are they reducing spending; and are they shrinking the size of the Federal Government while increasing and protecting liberty? If not, why am I doing it? Why are WE doing it?"

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The Republican 'Voter Fraud' Fraud Print
Tuesday, 01 November 2011 11:08

Diane Roberts writes: "Presidential candidate and angry white man Newt Gingrich seems nostalgic for the good old Jim Crow poll tax days: he has called for people to have to pass an American historical literacy test before they can vote. His colleagues on the anti-democratic right have not gone quite so far, but 38 states, most of them controlled by Republicans, are concocting all kinds of ingenious ways to suppress the vote."

Newt Gingrich has advocated reinstituting tests for voters that were outlawed by Civil Rights legislation. (photo: Ethan Miller/Getty Images)
Newt Gingrich has advocated reinstituting tests for voters that were outlawed by Civil Rights legislation. (photo: Ethan Miller/Getty Images)



The Republican 'Voter Fraud' Fraud

By Diane Roberts, Guardian UK

01 November 11

 

All over the US, GOP lawmakers have engineered schemes to make voting more difficult. Well, if you can't win elections fairly ...

residential candidate and angry white man Newt Gingrich seems nostalgic for the good old Jim Crow poll tax days: he has called for people to have to pass an American historical literacy test before they can vote. His colleagues on the anti-democratic right have not gone quite so far, but 38 states, most of them controlled by Republicans, are concocting all kinds of ingenious ways to suppress the vote. A new report from New York University's Brennan Center for Justice says that more than five million people - enough to swing the 2012 presidential election - could find themselves disenfranchised, especially if they're poor or old or students or black or Latino.

Hyper-conservative governors and legislators, working with templates produced by a shady cabal called the American Legislative Exchange Council (Alec), have pushed through laws to cut the number of voting days, impede groups registering new voters, demand proof of citizenship and otherwise make it more difficult to cast a ballot. Alec, partly funded by the John Birch-er billionaire Koch brothers and affiliated with Liam Fox's Atlantic Bridge, is on a mission to shrink not just government (which it regards as a cancer on capitalism), but democracy itself. Ion Sancho, elections supervisor of Leon County, Florida, and veteran of Florida's 2000 presidential election fiasco, says: "Every state that has a Republican legislature is doing this, from Maine to Florida. It's a national effort."

In the 2008 election, Barack Obama benefited from extended voting hours and early voting days, as well as rules allowing citizens to register and vote on the same day. It's pretty obvious why: students, the elderly, and hourly-wage workers who can't queue for hours without making the boss angry, tend to favor Democrats. Florida - which became a byword for Banana Republicanism and electoral corruption 11 years ago - has been positively zealous in attempts to restrict voting rights on the grounds that easy voting leads to waste, fraud and abuse. One lawmaker pitched a hissy fit, claiming that dead actors (Paul Newman, for one) constantly turn up on voter rolls and that "Mickey Mouse" had registered to vote in Orlando. State senator Mike Bennett wants to make voting "harder"; after all, he said, "people in Africa literally walk 200 or 300 miles so they can have the opportunity to do what we do, and we want to make it more convenient? How much more convenient do you want to make it?"

Florida Republicans addressed the problem of "convenience" earlier this year by cutting early voting days from 14 to eight, cutting budgets for expanded polling places and eliminating Sunday voting: African American (and some Latino) churches had successfully run a post-sermon"Souls to the Polls" operation, getting out the vote in 2004, 2006 and 2008. Florida has also attacked civic-minded people trying to register new voters. Jill Ciccarelli, a teacher at New Smyrna Beach High School, wanted to foster a sense of citizenship amongst her pupils, so she helped the ones who were old enough register. She didn't know she was breaking the law. Now, all individuals or groups must file a "third party registration organisation" form with the state, and instead of having ten days to deliver the paperwork,they must now do it in 48 hours. Failure to comply could draw felony charges and thousands of dollars in fines.

The nonpartisan League of Women Voters, promoters of civic responsibility since 1920, has now abandoned its Florida voter drives: LWV is suing the state, saying that Florida's clampdown on the franchise violates the 1965 Voting Rights Act. Florida's response? Governor Rick Scott, a Republican elected in 2010 and steeped in Koch-flavored Tea, wants to largely exempt Florida - a former slave state with as rich a racist history as Alabama or Mississippi - from the 1965 Voting Rights Act.

Florida's not out front on this: many states, including those fat with electoral college votes such as Texas, Pennsylvania, Wisconsin, Indiana, Tennessee and Ohio, have passed harsh restrictions on who can vote and how. More than a dozen states demand that people show an approved photo ID card. Surely, the middle-class reasoning goes, every red-blooded American has a driving license? But hundreds of thousands - many elderly, disabled or just plain poor - do not. Representative Terri Sewell, a member of Congress from Alabama, told the New York Times that her wheelchair-bound father had used his United States social security card as proof of identity when voting. Now that's been outlawed.

In Texas, student ID cards are no longer be valid for voting; neither are ID cards issued by the federal Veterans Administration. All those students and war vets need to do is go buy a gun: concealed weapons permits are acceptable at the polls.

Republicans all sing from the same hymnal on this one: voting must be tightly controlled to prevent fraud. Never mind that there is no fraud. Indeed, the Brennan Center found that voter fraud is so "exceedingly rare" that "one is more likely to be struck by lightning than to commit voter fraud." Mickey Mouse was not allowed to register. Paul Newman did not vote from beyond the grave. Hordes of undocumented Mexicans have not stuffed ballot boxes (though a great many new, legal Latino voters have registered in Florida, Texas and other large states).

But why let the facts get in the way of rigging an election? Some conservative sages have let the veil slip long enough for us to see what's really going on. Former Arkansas governor-turned-paid-Murdoch-mediaite Mike Huckabee likes to say that if people have friends who don't plan to vote the rightwing line, "Let the air out of their tires on election day. Tell them the election has been moved to a different date."

Huckabee protests he's just joking. But Matthew Vadum, a Fox News favorite and part of the paranoid right's brain trust, isn't being remotely funny when he says "registering the poor to vote is un-American." Nor was American Legislative Exchange Council co-founder Paul Weyrich back in the 1980s, when he said, "I don't want everybody to vote. Our leverage in the elections quite candidly goes up as the voting populace goes down."

Obviously, democracy is no fun if just anyone can play.

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