Daily Archive: 01/20/2014

Jan 20 2014

16 April 1963

You may well ask: “Why direct action? Why sit ins, marches and so forth? Isn’t negotiation a better path?” You are quite right in calling for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent resister may sound rather shocking. But I must confess that I am not afraid of the word “tension.” I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood. The purpose of our direct action program is to create a situation so crisis packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.



We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Frankly, I have yet to engage in a direct action campaign that was “well timed” in the view of those who have not suffered unduly from the disease of segregation. For years now I have heard the word “Wait!” It rings in the ear of every Negro with piercing familiarity. This “Wait” has almost always meant “Never.” We must come to see, with one of our distinguished jurists, that “justice too long delayed is justice denied.”



We should never forget that everything Adolf Hitler did in Germany was “legal” and everything the Hungarian freedom fighters did in Hungary was “illegal.” It was “illegal” to aid and comfort a Jew in Hitler’s Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country’s antireligious laws.

I must make two honest confessions to you, my Christian and Jewish brothers. First, I must confess that over the past few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro’s great stumbling block in his stride toward freedom is not the White Citizen’s Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to “order” than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: “I agree with you in the goal you seek, but I cannot agree with your methods of direct action”; who paternalistically believes he can set the timetable for another man’s freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a “more convenient season.” Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.

I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. I had hoped that the white moderate would understand that the present tension in the South is a necessary phase of the transition from an obnoxious negative peace, in which the Negro passively accepted his unjust plight, to a substantive and positive peace, in which all men will respect the dignity and worth of human personality. Actually, we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out in the open, where it can be seen and dealt with. Like a boil that can never be cured so long as it is covered up but must be opened with all its ugliness to the natural medicines of air and light, injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured.

Jan 20 2014

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

Paul Krugman: The Undeserving Rich

The reality of rising American inequality is stark. Since the late 1970s real wages for the bottom half of the work force have stagnated or fallen, while the incomes of the top 1 percent have nearly quadrupled (and the incomes of the top 0.1 percent have risen even more). While we can and should have a serious debate about what to do about this situation, the simple fact – American capitalism as currently constituted is undermining the foundations of middle-class society – shouldn’t be up for argument.

But it is, of course. Partly this reflects Upton Sinclair’s famous dictum: It is difficult to get a man to understand something when his salary depends on his not understanding it. But it also, I think, reflects distaste for the implications of the numbers, which seem almost like an open invitation to class warfare – or, if you prefer, a demonstration that class warfare is already underway, with the plutocrats on offense.

Glenn Greenwald: Who elected them?

Who elected Daniel Ellsberg and The New York Times to take it upon themselves to ]reveal  thousands of pages of the top secret Pentagon Papers http://www.pbs.org/pov/mostdan… to the American public? [..]

hy did all these people – whom we didn’t elect – think they had the right to decide which classified information should be disclosed?

ZoĆ« Carpenter: What Obama Didn’t Say in His Speech on NSA Spying

The really significant parts of Obama’s speech were the things he did not mention. He did not call for a full stop to the bulk collection of communication records, only a transfer of ownership. Instead, he endorsed the idea that data about millions of Americans should be stored and made available to intelligence analysts. Tellingly, Senator Dianne Feinstein and Representative Mike Rogers, the NSA’s most ardent and prominent supporters in the Capitol, applauded the president for affirming that using metadata “is a capability that is ‘critical’ and must be ‘preserved.'” [..]

If Obama’s speech is a first step, it’s worth thinking about what forced him to make it, beyond the obvious (Edward Snowden). According to reports, it was not so much the programs revealed by Snowden that shocked the president but instead the public outcry that followed. It’s going take a lot more of the same to move the heavy feet of government further.

Dean Baker: ‘Freedom’ Industries? Property Rights, Regulation, and Brain Dead Environmentalists

The company (incredibly named “Freedom Industries”) responsible for the massive chemical spill in West Virginia that left hundreds of thousands of people without drinking water declared bankruptcy yesterday. This means that all of the people who had to suffer through days without water, and some who became seriously ill from drinking contaminated water, will likely not be compensated by this company for the damage it caused them. [..]

People who don’t want polluters to be able to operate with impunity are no more nor less market fundamentalists than Bill Gates when he has people arrested for dumping waste on his lawn. The only difference is whose rights are being respected.

John Nichols: Beyond the NSA: What About Big Data Abuse by Corporations, Politicians?

Taking steps to end, or at the very least to constrain, the federal government’s practice of storing information on the personal communications of Americans is a good thing. There is every reason to respect initiatives that seek to prevent the National Security Agency’s metadata programs from making a mockery of the right to privacy outlined in the Fourth Amendment to the US Constitution.

But the moves that President Obama announced Friday to impose more judicial oversight on federal authorities who might “listen to your private phone calls, or read your emails” and the steps that may be taken by Attorney General Eric Holder and intelligence officials to check and balance the NSA following the submission of proposals on March 28 ought not be seen mistaken for a restoration of privacy rights in America.

New York Times Editorial Board: When Children Become Criminals

New York is one of two states, the other being North Carolina, in which 16-year-olds are automatically tried as adults. This is the case despite overwhelming evidence that sending children into adult courts, rather than the juvenile justice system, needlessly destroys lives and further endangers the public by turning nonviolent youngsters into hardened criminals.

It is past time for New York to bring itself in line with the rest of the country. Gov. Andrew Cuomo took the first step in that direction this month when he announced that he would name a commission and order it to develop a plan by the end of the year for raising the age for adult criminal prosecution. The commission does not need to reinvent the wheel. But it will need to recommend changes in laws and procedures, and in this it can profit from studying Connecticut, which recently carried out raise-the-age legislation of its own.

Jan 20 2014

On This Day In History January 20

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

January 20 is the 20th day of the year in the Gregorian calendar. There are 345 days remaining until the end of the year (346 in leap years).

On this day in 1801, John Marshall is appointed the fourth Chief Justice of the United States. Marshall (September 24, 1755 – July 6, 1835) was an American jurist and statesman whose court opinions helped lay the basis for American constitutional law while enhancing the role of the Supreme Court as a center of power. Marshall was the fourth Chief Justice of the United States, serving from 1801 until his death in 1835. He had served in the United States House of Representatives from 1799 to 1800, and was Secretary of State under President John Adams from 1800 to 1801. Marshall was from the Commonwealth of Virginia and was a leader of the Federalist Party.

The longest-serving Chief Justice of the United States, Marshall dominated the Court for over three decades (a term outliving his own Federalist Party) and played a significant role in the development of the American legal system. Most notably, he reinforced the principle that federal courts are obligated to exercise judicial review, by disregarding purported laws if they violate the Constitution. Thus, Marshall cemented the position of the American judiciary as an independent and influential branch of government. Furthermore, the Marshall Court made several important decisions relating to federalism, affecting the balance of power between the federal government and the states during the early years of the republic. In particular, he repeatedly confirmed the supremacy of federal law over state law, and supported an expansive reading of the enumerated powers.

Nomination

Marshall was thrust into the office of Chief Justice in the wake of the presidential election of 1800. With the Federalists soundly defeated and about to lose both the executive and legislative branches to Thomas Jefferson and the Democratic-Republicans, President Adams and the lame duck Congress passed what came to be known as the Midnight Judges Act, which made sweeping changes to the federal judiciary, including a reduction in the number of Justices from six to five so as to deny Jefferson an appointment until two vacancies occurred. As the incumbent Chief Justice Oliver Ellsworth was in poor health, Adams first offered the seat to ex-Chief Justice John Jay, who declined on the grounds that the Court lacked “energy, weight, and dignity.” Jay’s letter arrived on January 20, 1801, and as there was precious little time left, Adams nominated Marshall, who was with him at the time and able to accept immediately. The Senate at first delayed, hoping that Adams would make a different choice, such as promoting Justice William Paterson of New Jersey. According to New Jersey Senator Jonathan Dayton, the Senate finally relented “lest another not so qualified, and more disgusting to the Bench, should be substituted, and because it appeared that this gentleman (Marshall) was not privy to his own nomination”. Marshall was confirmed by the Senate on January 27, 1801, and received his commission on January 31, 1801. While Marshall officially took office on February 4, at the request of the President he continued to serve as Secretary of State until Adams’ term expired on March 4. President John Adams offered this appraisal of Marshall’s impact: “My gift of John Marshall to the people of the United States was the proudest act of my life.”

Jan 20 2014

Sunday Train: California Sierra Club Allies with Tea Party Against High Speed Rail

It’s a quite odd alliance. The Sierra Club is fighting the Climate Suicide Club both on the side of Supply, with the fight against the Keystone XL pipeline as one example and the fight against the establishment of Coal Export Terminals in the Pacific Northwest and on the side of Demand, with the Beyond Oil campaign, which in the Green Transportation component promises among other points that: “The Sierra Club will:

  • Ensure that all Americans have access to safe, affordable, clean transportation options. …”

And now the Director of Sierra Club California, Kathryn Phillips, has stepped up her attacks on the High Speed Rail project from “expressions of serious concern” to giving direct support for the attack from the Legislative Analyst’s Office that is working in concert with the Tea Party attack that is their most promising hope for killing the project :

“Inherent in AB 32 is that we need to act sooner rather than later,” said Kathryn Phillips, the Sierra Club’s California director. “The problem with taking that [cap-and-trade] money and applying it to high-speed rail is that we don’t anticipate that we’re going to get those benefits – reductions in greenhouse gas emissions – in the short-term. Given how urgent the problem is and has become, and how much we’re seeing the effects of climate change in this state, especially in water availability, it feels irresponsible to not apply that money to those programs that will get you greenhouse gas emissions reductions now.”

Given that we cannot feasibly arrive at a carbon neutral energy generation and transportation system within the next seven years, this implies that we should abandon the pursuit of a carbon neutral generation and transportation system and content ourselves with fighting for a slower rate of suicide as a national industrial economy than the faster rate of suicide that Big Oil, Big Coal and the rest of the Climate Suicide Club is pushing for.

Indeed, given that Sierra Club California had an official position in support of Prop1a which got the California HSR project moving , this could well be as strong an attack on the California HSR project that Kathryn Phillips is in a position to make.

Jan 20 2014

Anti-Capitalist Meetup: The Struggle Continues … 41 years after Roe and Doe by NY Brit Expat

We are coming up to the 41st anniversary of Roe vs Wade and Doe vs Bolton.  A couple of days ago, I received an email from the Center for Reproductive Rights entitled “Victory in North Carolina” saying that a federal judge (Catherine Eagles) struck down the North Carolina law forcing physicians to give an intravaginal ultrasound and discuss it with patients seeking an abortion (see for further discussion: http://www.csmonitor.com/USA/2014/0118/North-Carolina-forced-ultrasound-law-struck-down-on-First-Amendment-grounds). This was seen as a victory. In the most obvious and narrow definition of the word, i.e., the defeat of the bill, it was a victory. However, the fact that we are facing increasing attacks on the ability of accessing a constitutional right 41 years after its being granted cannot be seen as a victory, it is demonstrable proof that patriarchy is still extremely powerful and has no intention of giving up the fight to control women’s bodies. Essentially, we are fighting a defensive struggle against an ideological perspective of divide and rule called patriarchy which can bring religion, power, and money to maintain male hegemony in the societies in which we live. That does not mean that all men are our enemies, we have many male allies in this struggle; but we need to recognise that this ideological perspective still exists and is not going to go quietly into the night. It also means that in order to address women’s liberation truly, we cannot concentrate on issues, but rather the general issue that is at stake.

Abortion rights must be addressed in the context of the general struggle for women’s liberation containing both the oppression of race and gender and class exploitation. That is the struggle that affects the majority of women worldwide. This is not to say that everyone must address every issue, but we must always keep the general picture in mind when we struggle on separate issues. Struggling to maintain Roe v Wade is necessary, but it is insufficient given the Hyde Amendment. Struggling for reproductive rights without recognising the general oppression of women means that that the issues that affect the majority of women remain in place. Non-recognition of the different histories of women of colour due to colonialism and racism means again that the voices of all women will be ignored.

Thanks to Elise Hendrick for comments on an earlier draft!