Vol. 3 No. 12 (April 2005)

Uncommon Denominator

The Newsletter of the Commonweal Institute
www.commonwealinstitute.org

"The ultimate test of man's conscience may be his willingness to sacrifice something today for future generations whose words of thanks will not be heard."

-- Gaylord Nelson, founder of Earth Day



CONTENTS

Talking Points: Southern comfort
Wit and Wisdom: The trials of fifth grade
Eye on the Right: Conservative judicial activism
Check It Out Your ecological footprint
Quoted! Tony Perkins on skinning cats
Featured Article: Thomas Frank on liberals and class
Happenings: Monthly round-up
Endorsements: Jim Hightower
Get Involved: Spread the word; become a contributor



TALKING POINTS

At a certain point in the 1990s, Americans may have looked around and noticed that almost the entirety of their top political leadership consisted of Southerners: The President (Bill Clinton of Arkansas), the Vice President (Al Gore of Tennessee), the Senate Majority Leader (Trent Lott of Mississippi), the Speaker of the House (Newt Gingrich of Georgia), the House Majority Leader (Dick Armey of Texas), the House Minority Leader (Dick Gephardt of Missouri), and the House Majority Whip (Tom DeLay of Texas) -- all hailed from former slave states. In 2005, we can add to that list the President (George W. Bush of Texas), along with the Senate Majority Leader (Bill Frist of Tennessee), the Senate Majority Whip (Mitch McConnell of Kentucky), and the House Majority Whip (Roy Blunt of Missouri).

This roster of Southern power has to symbolize one of the most remarkable reversals in American political history. What makes the resurgence of Dixie politicians so amazing is not just the breadth of their electoral success, but the fact that all of them, in various ways, have played to their Southernness as a political advantage. Despite the violent history and persistent shortcomings of the region as a whole, whose states routinely score at the bottom of most measures of social and economic health, being Southern has somehow become cool. And American politicians have learned that they ignore or misunderestimate the South at their peril.

How can we explain this phenomenon, this turn of events, this new political reality? What has enabled the South to rise phoenix-like from the ashes of the Confederacy to now dominate American political life?

Any answer to those questions is enormously complex, but it must involve both the raw politics of the late 20th century and the intangible cultural mythology that has surrounded the South ever since the early 19th century.

Politically, the watershed moment for the South was the 1972 election, in which the Republican "Southern Strategy" bore fruit - fruit of a strange and bitter sort for Northern liberals. This strategy, which precipitated a fundamental political realignment in the country, brought a generation (and more) of Southern whites into the Republican fold by fomenting and exploiting latent public opposition to the Civil Rights movement. Since then, the South has hardened into a fairly predictable voting bloc, sending an assortment of conservative Democrats but mainly Republicans to state capitols and to Washington. It is not an accident that the only Democrats to be elected President in the last 30 years have been Southerners.

Helping to drive this realignment has been a steady influx of population into the Southern states. This process began in the 1980s and hasn't slowed down. Indeed, the U.S. Census Bureau this month released projections that 88 percent of the country's growth rate between 2000 and 2030 will occur in the South and West, with particularly big gains in North Carolina, Florida, and Texas. The Bureau also predicted that, during the same period, the combined population of the Northeast and the Midwest would decline from 42 percent of the nation's total to just 35 percent. (
http://www.census.gov/population/www/projections/projectionsagesex.html )

Yet the gravitational political pull of the South would not have reached critical mass were it not for the long cultural history involved, and more importantly, the usability of that history in shaping public perceptions.

To speak of a collective Southern mentalité invites charges of broad-brushing, but under the pressures of its dark past, of crushing defeat and tortuous renewal, the South has developed a greater sense of common history and common purpose than any other section of the country, with the possible exception of its long-standing nemesis, New England. It has, in short, an unusually coherent regional identity (and thus can function as a natural voting bloc). The characteristics of this identity are the subject of ongoing debate, but undeniably a mythic aura has grown up around the land of moonlight and magnolias. Love it or hate it, the cultural mythos of the South speaks to certain enduring features of American life, and Southern politicians have proven adept at maximizing its strengths and minimizing its shortcomings.

Take, first of all, the South's pronounced sense of grievance, of resentment at external interference, of humiliation and self-acquittal. Stretching from Edward Pollard's "The Lost Cause" in 1866, through William Jennings Bryan's criticism of outsiders in the Scopes trial of 1925, through the attacks on civil rights workers in the 1960s, all the way down to the Confederate flag controversy, this prickly Southern defensiveness has a doomed and pathetic quality to it. Yet at the same time, it appeals to the preference for the underdog that runs deep in the American nervous system. Part of the reason that Al Gore (to whom the taint of New England always somehow clung) turned off voters in the 2000 election was that he often seemed to be beating up on the kid who couldn't quite defend himself.

This underdog image helps to explain the South's populist appeal, an appeal that draws on the contrast between the rural or agrarian sectors of American culture and the urban "elite." Even if the actual economic policies of Southern conservatives favor the wealthy, a drawl, a shaky command of the language, and a preference for the simpler pleasures signal a distaste for elite values. This has shaped a political affinity between South and West, because many people from rural areas in the West, tired of not being heard, will gravitate toward someone they perceive as more like themselves, as rough-hewn, as free from affectation. The John Adams-Daniel Moynihan line of Northeastern refinement doesn't play so well anymore, mainly because it comes across as arrogant and classist - regardless, again, of the actual policies. (It is significant, in this connection, that the decline of New England liberalism has roughly coincided with the rise of modern media politics. The television, it would seem, has served to accentuate the contrast between high-brow and low-brow public images.) Conservatives have exploited this class resentment so successfully, and demonized the Northeast so aggressively, that hailing from Boston, the once-heralded cradle of liberty, is now a positive liability, second only perhaps to holding French citizenship or sipping pinot grigio at Mensa meetings.

In turn, the Southern brand of populism draws on ideas of masculinity that emphasize military or physical prowess (whether in the form of West Point cadets or Texas cowboys); a vaunted code of honor, gentility, and noblesse oblige (most fully embodied in Robert E. Lee and Rhett Butler); and the superiority of traditional gender roles to modern feminism (witness the pedestaled avatars of ethereal or sacrificial Southern womanhood). A barely concealed subtext of attacks on Northeastern liberals is that they are not tough enough or manly enough (think of John Kerry's desperate attempts to be photographed duck-hunting), or not sufficiently protective of their womenfolk (think of Michael Dukakis's anemic response in 1988 to a question about his wife being assaulted).

Then, of course, common Southern values, beliefs, and attitudes regarding religion and government align with a deep strain of conservatism in American culture more broadly. The Second Great Awakening of the 1820s and 1830s spread churches across what we now call the "Bible Belt," and it is on this geographic and cultural foundation that modern political evangelicalism -- with the help, again, of the media -- has reared its formidable edifice. At the same time, the American antipathy toward centralized government and arbitrary authority has found dramatic expression in the South's blend of states'-rights and laissez-faire ideologies. The fact that Southern politicians have proved relentless in grabbing and holding onto federal power, and are favorably disposed toward government moralism, is rather beside the point, because what we're talking about is image rather than reality.

Which brings us, finally, to the image problem of Southern politicians when it comes to race - or more accurately, when it comes to the long aftermath of slavery in their region and the backlash against civil rights. Needless to say, their image problem is so bad in this respect precisely because the reality has been so bad for so long. Yet conservative politicians are doing everything they can to play down this reality, pretending that their economic policies are good for the African American community, and even going so far as funding African American "front" organizations. (On this phenomenon of "black-washing," see Joshua Holland's article in The Gadflyer).

The idea, evidently, is not to make serious inroads into the black vote, but to address the general reputation for intolerance and racial prejudice that has hurt conservatives, particularly Southern conservatives, with the white vote. At the same time, they don't want to become so racially enlightened as to alienate their core constituency of white southern males in pick-up trucks. For a vivid illustration of the dilemma, just visit the official website of Haley Barbour, former chairman of the Republican National Committee and current governor of Mississippi. In the banner logo across the top of the site, the Confederate Stars-and-Bars figures prominently (obvious code for Barbour's good-ole-boy politics), while lower down on the page we are told that the Governor has proclaimed April 21 "Morgan Freeman" day.

The general point of all this is that the political fortunes of the South today are not just a matter of demography and tactics -- although those are important -- but of how the cultural values and cultural mythology of the South have entered into the political scene and been deliberately utilized. Conservatives have proven adept at making the most of the South's appeal (from barbecue and blues to grievance and religiosity), while mitigating the South's sins and failings (especially racism and ignorance).

One of the most penetrating, if not empirically rigorous, perspectives is that of W. J. Cash, who in his controversial 1941 classic The Mind of the South offered this summary of the region's virtues: "Proud, brave, honorable by its lights, courteous, personally generous, loyal, swift to act, often too swift, but signally effective, sometimes terrible in its action - such was the South at its best." Then he tabulated the region's vices: "Violence, intolerance, aversion and suspicion toward new ideas, an incapacity for analysis, an inclination to act from feeling rather than from thought, an exaggerated individualism and a too narrow concept of social responsibility, attachment to fictions and false values, above all too great attachment to racial values and a tendency to justify cruelty and injustice in the name of these values, sentimentality and a lack of realism." He expressed his hope that in time "its virtues will tower over and conquer its faults," but whether that's the case remains an open question. If the current slate of hard-right policies is any indication, the vices are alive and well.

More recently, in a study titled Dixie Rising: How the South Is Shaping American Values, Politics, and Culture, Peter Applebome has put his finger on the peculiarly compelling force of the South in the American national imagination: "The South has been a lightning rod for our fondest hopes and worst fears -- a shadow theater for national guilt -- a place to stow the bloody rags we didn't want to see; a scapegoat for our worst failings; a model of an imagined, perfect past; a hypothesis for a nation redeemed or a nation damned."

Progressives, as always, need to know what they're up against, and they need to know how to communicate with those voters on the other side of the cultural divide. The South has never represented the nation's progressive edge -- quite the opposite -- but the case still has to be made that progressive policies on everything from education to the environment to social security will provide more tangible benefits to regular Southerners than will conservative policies, and that the desire to distribute these benefits widely reflects a robust set of moral values: compassion, fairness, equality, opportunity. In particular, progressives from the blue states need to listen attentively and nonjudgmentally to how successful Southern progressives speak to their regional compatriots, in order to understand how progressive values are understood and expressed by those native to southern culture.

This may be a dark hour for progressives, but the cause is far from lost.


WIT AND WISDOM

Fifth Grade Science Paper Doesn't Stand Up To Peer Review


"Decatur, IL - A three-member panel of 10-year-old Michael Nogroski's fellow classmates at Nathaniel Macon Elementary School unanimously agreed Tuesday that his 327-word essay 'Otters' did not meet the requirements for peer approval.

"Nogroski presented his results before the entire fifth-grade science community Monday, in partial fulfillment of his seventh-period research project. According to the review panel, which convened in the lunchroom Tuesday, 'Otters' was fundamentally flawed by Nogroski's failure to identify a significant research gap."

-- from The Onion. Read more.


EYE ON THE RIGHT

When was the last time -- outside of a political science seminar -- that you heard the phrase "conservative judicial activism"? In connection with the Taney Court, perhaps, which issued the notorious Dred Scot decision in 1853? In the wake of the truncated aftermath of Election 2000? Perhaps never. Perhaps you should hear it more often.

With all the talk now, in the wake of the Terry Schiavo case, about "out-of-control" judges, and "reining in" the judiciary, and the "nuclear option" of revising Senate filibuster rules, it is worth taking a closer look at the idea that the nation's courts are stocked with renegades. One of the more muscular tentacles of right-wing Conventional Wisdom is the notion of "activist liberal judges," a phrase that (by design) evokes images of Perrier-sipping ideologues running roughshod over the will of Congress and therefore over the will of the American people. Like the myth of a "liberal media," it has been used to great effect in turning public attitudes not only against the policies that conservatives oppose, but against the institutions and individuals that do not hew to the conservative line.

What we've seen in recent years, however, is a sharp rise in conservative judicial activism, with federal jurists appointed by Republican Presidents exerting power from the bench much more aggressively. In addition, the appointment of activist conservative judges is likely to increase in coming years because the conservative movement has created a system for grooming young lawyers and jurists and training them in conservative legal ideology. This system, involving such groups as the Federalist Society, represents a veritable pipeline leading from right-wing think tanks to the nation's courts, not to mention state legislatures and Congress. The next generation of conservative law students, in a way that their liberal and moderate counterparts can only envy, enjoys the support of an incredibly well-funded institutional infrastructure that is paving the way to political power - through contacts, clerkships, publishing opportunities, and what might be called ideological mentoring.

These facts need to become part of the conversation that Americans have about the judiciary. What is at stake are not just individual cases and decisions, but the ability of the government to respond to social, economic, and environmental challenges. Since federal judges are appointed for life, the ones that take office today could serve for as long as 30 or 35 years, and their decisions will be felt for generations. That explains why the current battle in Congress over judicial appointments has become so fierce, and why conservatives are taking off the gloves now, while they control both the executive and legislative branches, in order to get every one of their appointments through. It also explains why moderates and progressives need to stand firm in the face of the juggernaut. The stakes are simply too high.

So what is "judicial activism"? Essentially, it refers to the willingness of judges to overturn laws -- and to their actually doing so. Then it gets more complicated.

In its classically "liberal" form, judicial activism has implied an approach to the Constitution that emphasizes the ambiguity of language, recognizes the flexibility of meanings and circumstances, and tries to respond to the spirit of the document. In certain cases it has resulted in the establishment of legal principles, such as the right to privacy, which are seen to "inhere" in the Constitution, despite the fact that the words themselves do not appear there. What conservative commentators have done, with the Warren Court as whipping boy, is to wrap this all up as "loose constructionism" and then associate it with a general cultural permissiveness and a "politicization" of the law that they blame for the decline of post-Eisenhower America.

But stop right there. Conservatives have their own brand of judicial activism, no less ideological and no less influential. It is distinct in its methodology (tending toward a narrow interpretation of text) and in its values (tending to give priority to property rights over civil rights, for example). Yet when it comes to the fundamental action of activist jurisprudence -- the overturning of laws -- conservative and liberal judges are equally powerful. We should evaluate their decisions, therefore, not just on abstract principles of jurisprudence, but on a real-world assessment of who wins and who loses, of which interests are served and which oxen gored.

Consider: According to University of Virginia professor David O'Brien, the Rehnquist Court has now overturned more federal and state laws than the Warren Court. It is by definition more activist. Admittedly, not all of these overturnings have been conservative in their direction, and some are hard to classify, particularly those in which two Constitutional rights conflict. This makes the effort to define decisions as "liberal" or "conservative" often problematic.

For instance, if the McCain-Feingold campaign finance legislation had been thrown out, the decision would grounded itself on the civil liberty of free speech, and might therefore be coded as "liberal." Yet the rationale would be based on a "conservative" interpretation of the first amendment, namely that spending money is a form of free speech. So the better way to understand such a decision would be to look at its practical results in the political arena. In this hypothetical case, overturning McCain-Feingold would disproportionately benefit conservatives by keeping open the pipeline of corporate money to conservative office-holders.

These caveats and complexities, however, should not obscure the central point. A judicial activism based on conservative principles and serving conservative interests is making itself felt in a wide range of policy areas, from affirmative action to environmental regulation to electoral procedure. The canard that liberal judges rule the roost is as misleading as the myth of liberal media bias. And it will only become more so as the Senate attempts to ram through President Bush's judicial nominees.


CHECK IT OUT

If you've ever wondered, while filling up at the gas station, or trolling the frozen foods aisle, about your own personal impact on global resource usage, you might be interested in calculating your individual "ecological footprint." This is a concept that, as described by the environmental organization Redefining Progress, "measures the amount of renewable and non-renewable ecologically productive land area required to support the resource demands and absorb the wastes of a given population or specific activities."

Redefining Progress continues: "From a sustainability perspective, when humanity's Footprint exceeds the amount of renewable biocapacity, a draw-down in natural capital is required and this is considered unsustainable. Global Footprint accounts over the last forty years indicate a twenty-five year growth trend beyond the amount of renewable biocapacity. In short, humanity's Ecological Footprint appears to have breached ecological limits and is thus unsustainable."

To assist people in understanding their own place in humanity's impact on the global environment, Redefining Progress has created an "ecological footprint quiz," consisting of 15 questions about your lifestyle habits, which "estimates how much productive land and water you need to support what you use and what you discard." The results may be sobering.
Check it out. (You might also want to visit another version of the quiz at http://www.bestfootforward.com/footprintlife.htm).


QUOTED!

"There's more than one way to skin a cat, and there's more than one way to take a black robe off the bench." -- Tony Perkins, president of the conservative Family Research Council, according to an audiotape of a March 17 session that was made available to the Los Angeles Times. Prominent among the cat-skinning alternatives that the FRC discussed with Senate Majority Leader Bill Frist and House Majority Leader Tom DeLay was the option of defunding federal courts whose rulings they do not agree with.


FEATURED ARTICLE

The following is an excerpt from Thomas Frank's "What's the Matter with Liberals?" which appeared in the May 12 edition of the New York Review of Books.

"For more than thirty-five years, American politics has followed a populist pattern as predictable as a Punch and Judy show and as conducive to enlightened statesmanship as the cycles of a noisy washing machine. The antagonists of this familiar melodrama are instantly recognizable: the average American, humble, long-suffering, working hard, and paying his taxes; and the liberal elite, the know-it-alls of Manhattan and Malibu, sipping their lattes as they lord it over the peasantry with their fancy college degrees and their friends in the judiciary.

"Conservatives generally regard class as an unacceptable topic when the subject is economics-trade, deregulation, shifting the tax burden, expressing worshipful awe for the microchip, etc. But define politics as culture, and class instantly becomes for them the very blood and bone of public discourse. Indeed, from George Wallace to George W. Bush, a class-based backlash against the perceived arrogance of liberalism has been one of their most powerful weapons. Workerist in its rhetoric but royalist in its economic effects, this backlash is in no way embarrassed by its contradictions. It understands itself as an uprising of the little people even when its leaders, in control of all three branches of government, cut taxes on stock dividends and turn the screws on the bankrupt. It mobilizes angry voters by the millions, despite the patent unwinnability of many of its crusades. And from the busing riots of the Seventies to the culture wars of our own time, the backlash has been ignored, downplayed, or misunderstood by liberals.

Click here to read the whole article.


HAPPENINGS

CI Co-Founder Katherine Forrest participated in a panel discussion April 13 at Stanford Law School titled "Medical Malpractice and Tort Reform: Crisis or Rhetoric?" The panel, organized by the Stanford Health Law & Policy Society, sharply contrasted the views of the "tort reform" movement, as represented by a top official of a medical malpractice insurance firm, with those of a plaintiff attorney who helps patients seeking justice for what they believe represents malpractice. Dr. Forrest wrapped up the panel discussion with an explanation of the motivations and methods of the "tort reform" backers, and thoroughly discredited the inappropriate use of non-representative "large claims" data as a basis for public policy decisions. For more about these topics, see the Commonweal Institute reports, The Attack on Trial Lawyers and Tort Law, by David C. Johnson, and Faulty Data and False Conclusions: The Myth of Skyrocketing Medical Malpractice Verdicts by Lewis L. Laska and Katherine A. Forrest; both can be found online at
http://www.commonwealinstitute.org/IssuesLegal.htm.


ENDORSEMENTS

"It's always good to put your brain in gear before you put your mouth in motion. The folks at the Commonweal Institute do the heavy mental lifting so agitators like me can arm ourselves on the front lines of the ideological battles taking place every day in America. For too long progressives have walked fearful of their shadows, whimpering and whining about what's wrong and fighting amongst themselves over crumbs. With the help of the Commonweal Institute, that time is over." -- Jim Hightower, national radio commentator, writer, public speaker, and author of If the Gods Had Meant Us To Vote They Would Have Given Us Candidates


GET INVOLVED

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