Our Votes Count!
Count Our Votes!
December 20, 2000
"[The black man has] no rights which the white man was bound to
respect."
The state of minority voting rights in America is a mess and I see a
direct
line between the debacle of this year and the shameful Dred Scott
decision.
The Supreme Court wrote that infamous line in its 1857 Dred Scott
case which
ruled that blacks could not be citizens of the United States of
America. And
from that decision, through Plessy versus Ferguson in 1896, which
struck
down a federal law passed to enforce the Fourteenth Amendment to
the
Constitution, black people in this country have known that the
Supreme Court
can, at its worst, become a reflection of the particular mutation of
racism of the
day.
But the record of enfranchisement of blacks during the years of the
Warren
Court (1953 to 1969) also shows that the Members of the Supreme
Court can
rise above accepted practices of the day to move America toward its
full
promise.
Fortunately, the Warren Court, buttressed by like-minded leaders in
the
Executive and Legislative Branches, was able to begin the
transformation of
American life. The Warren Court overturned the Supreme Courtšs
mistakes of
the previous century and ushered America into the Twentieth
Century. School
desegregation; One Person, One Vote; and desegregation of public
accommodations were the hallmark of the Modern Civil Rights Era
punctuated
by the Civil Rights Act and the Voting Rights Act. However, as soon
as the
Warren Years were over, the Supreme Court lurched backwards with
an aim to
obliterate the progress made during the years of the Warren
Court.
And so we find ourselves today in a serious retrenchment on our
countryšs
commitment to mainstreaming into American life its former slaves.
Affirmative action has been decimated and the Voting Rights Act has
been
bludgeoned, with its enforcement section due to expire in less than a
decade,
and the ability of minorities to elect their candidates of choice
severely
hampered. But no one, Išm certain, no one ever thought that the kind
of
voter suppression witnessed in the Year 2000 Presidential elections
would
ever be revisited upon Americašs minorities.
We should not be surprised by any decision of todayšs partisan,
political,
Republican, hand-picked Supreme Court. As ignominious as the
Plessy
decision was, current Chief Justice of the Supreme Court William
Rehnquist,
as a young law clerk wrote at the time of the Brown versus Board of
Education
decision: "I think Plessy v. Ferguson, the legal foundation for
mandatory racial
segregation, was right and should be reaffirmed."
If I had to give a State of the State of the Minority Vote Today, I
would say
that disfranchisement, not enfranchisement, is the order of the day.
And
herešs why I say that:
First of all, in 1978, the Burger Supreme Court turned the Fourteenth
Amendment sideways by outlawing the use of racial quotas
implemented for
the purpose of including minorities in Americašs life. A few years
later, the
Rehnquist Court would stand the Fourteenth Amendment on its head
by
issuing a startling decision in Shaw v. Reno that completely changed
the
political map for Americašs minorities.
That is when I learned the hard way that Supreme Court justices,
like other
participants in our judiciary, are political actors first and foremost.
Because I saw them in action in Johnson v. Miller, Georgiašs
redistricting
case, that dismantled my district and paved the way so that other
black
voters across the South could receive similar mistreatment.
The Voting Rights Act was passed to prohibit impediments to voting.
In those
days that meant literacy tests, poll taxes, and direct threats and
intimidation. It also covered redistricting, dual voter lists, location of
polling places, and eventually, voter registration, and purging of
names from
the voter list. However, innovation has never been lacking among
those who
want to suppress and deny minority voting rights. It can come in
many forms.
And as we have seen in the debacle of the Year 2000 Presidential
Elections,
especially in Florida, that minority voter suppression comes in many
forms.
Having white police blockade the entrance to a precinct and refuse to
allow
free access for the voters because of an erroneous belief that the
Congresswoman hadnšt supported their pay raise is unfortunate, but
even
worse, is unconscionable disrespect for the people who were trying
to
exercise their right to vote. That happened at one precinct in my
district.
Having to stand hours in long lines is bad enough. But having to
stand in
line, sometimes outside in the rain, in some cases for as many as five
hours
is outrageous and unconscionable and shouldnšt be tolerated
anywhere. But
that happened at many of my precincts in my district.
Standing in line for hours, only to reach the table and be told that
you are
not at the correct voting place and therešs no time to get to the
correct
place, therefore you wonšt be able to vote, Sorry, is inexcusable. But
that
happened over and over and over again in my district.
And having overcrowded voting precincts when more spacious
accommodations were just next door is insulting to black taxpayers,
especially
when those same precincts have poorly trained and too few elections
personnel, equipment, and only one voter list.
Adding insult to injury are the reports that people were actually
encouraged
to leave rather than to wait and vote once 7:00 arrived, although
they had
been in line well before 7:00.
In the majority black precincts of my district it seems that there was
planned chaos. Interestingly, we have Democrats in charge of our
County, but
the public purse is controlled by four white women, both Democrat
and
Republican who vote together to deny funds to allow a smooth voting
process
for the areas of the County now experiencing tremendous population
growth.
It shouldnšt be surprising that that population growth is nearly all
black.
What makes this failure on the part of our governing body to
appropriate the
necessary funds to accommodate our new voters is that we had this
same
scenario in 1996, a Presidential election year, but also the year in
which I
faced reelection in a majority white district with well-financed white
Democratic and Republican opposition. It was an overwhelming
black turnout
that returned me to Congress despite the new district and in the
process the
County elected its first black sheriff and superior court Clerk. They
immediately voted to give the black newspaper the legal organ
designation and
a change in the County was evident. There should not have been a
repeat of
the chaos this year.
But there was.
I would suggest that perhaps the leaders responsible for
appropriating funds
for DeKalb County donšt want large voter participation from the black
residents on its south side. Thatšs the only way I can explain the
failure
to fund adequately the elections office for the past four years.
I would posit to you that this is a subtle violation of the Voting
Rights Act
with the intent and effect of suppressing the minority vote.
Additionally, why should people who have served their time and
paid their
debt to society be permanently disfranchised from Americašs body
politic?
Even President Clinton acknowledges that America needs to
reexamine its
prison policies. That reexamination should include the fact that
fourteen
states bar criminal offenders form voting even after they have
finished their
sentences. Once these people have returned to society, become good
mothers and fathers, have jobs and are taxpayers, why should they
not be
allowed to vote? And because of the disproportionate impact of
racism in this
country, blacks and Latinos bear a disproportionate share of the
burden of the
loss of the right to vote. If Canada and other countries can take
affirmative
action to register former prisoner and bring them into full
citizenship, then so
can America.
I have cosponsored and plan to sponsor legislation having this effect
on the
federal level.
Additionally, our entire electoral system should be reformed to make
our
institutions more reflective of Americašs voters. I have authored in
each of
the past three Congresses the Voters Choice Act which allows the
states to
adopt proportional voting schemes that help minority voices be
heard in the
political spectrum without hurting the rights of others. It is
proportional
representation in the Republic of South Africa that allows the
Afrikaaner
parties to have representation in the South African Parliament
despite
majority rule.
In addition, campaign finance reform must become more than a
slogan, but
law if we are to really give voters a choice in candidates. Right now,
the
special interests select the candidates before we even get to vote, so
our
choices as voters are severely limited due to the influence of special
interest political money.
Finally, America is increasingly becoming a country of people of
color. We
know that southern resistance to minority gains of the Civil Rights
Era never
ended. The Georgia State flag reminds us of that every day. But as
America
becomes a country of color we have seen southern resistance spread
across
our land.
We must remain vigilant. Any policy that has the effect of
suppressing or
diluting the votes of people of color is not sustainable and is a
violation
of the Voting Rights Act.
We have severe problems facing us today. A black boy born in
Harlem has
less chance of reaching age 65 than a boy born in Bangladesh.
Twenty-six
black men have been executed this year. And too many black men
have been
relegated to the streets, underpasses, and heating grates of Americašs
urban
cities.
It is only through the vote that we will be able to change the
conditions in
our community and to right the multitudinous wrongs that have
been foisted
upon our condition. We have the power to change the status quo and
our
opponents know that well. Thatšs why the practice of minority voter
suppression is alive and well. However, until now, we didnšt realize
the
power that we have.
The Emperor is naked now.
And as a result, the devious acts of minority voters suppression have
been
laid bare for the world to see. We have seen them too. I predict that
the
black electorate will never be the same. Just like white America, we
now
know that our votes count and as a result we will demand that our
votes be
counted.
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