Communism – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Meet the Top Contenders in France’s Presidential Election https://legacy.lawstreetmedia.com/blogs/world-blogs/france-president-election/ https://legacy.lawstreetmedia.com/blogs/world-blogs/france-president-election/#respond Fri, 14 Apr 2017 20:54:52 +0000 https://lawstreetmedia.com/?p=60236

Nine days out, the race is a total toss up.

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Image Courtesy of Aurelien Guichard; License: (CC BY-SA 2.0)

On April 23, French voters will choose two presidential candidates–the two highest vote getters–to advance to a run-off scheduled for May 7. Recent polls suggest a tight race. The projected victors of the first round–National Front’s Marine Le Pen and En Marche’s Emmanuel Macron–are both expected to net 22 percent of the April 23 vote. But after two successful debate performances, far-left candidate Jean-Luc Melenchon is hovering just behind the front-runners at 20 percent. Francois Fillon, the conservative candidate who is ensnared in a corruption scandal, is right behind at 19 percent of the first-round vote. Though 11 candidates are in the mix, one of these four is likely to be France’s next leader.

Marine Le Pen

Le Pen, the self-professed “candidate of the people” needs no introduction. A populist firebrand in the same vein as U.S. President Donald Trump, Le Pen heads the National Front Party on a platform steeped in anti-immigrant and anti-EU messaging. With a potent brew of Islamaphobia and nationalism, Le Pen has stunned political observers with her success so far, especially considering her family tree. Her father, the former National Front leader Jean-Marie Le Pen, was a blatant anti-Semite and racist. Under his leadership, the party was a fixture of France’s fringe, but never gained traction with a large chunk of voters. That is changing under Marine.

Francois Fillon

Fillon’s campaign has been marred by a corruption scandal that has overshadowed his policies. Fillon has been accused of paying his wife Penelope a hefty salary for a job that didn’t actually exist when he was a member of Parliament. His politics resemble a traditional conservative in the U.S.: he has pledged to cut taxes, open up the market, cut public spending, and increase the number of law enforcement officers.

Emmanuel Macron

A centrist and political novice–though he did serve as Minister of the Economy–Macron’s campaign has surged in recent months as French voters seek a candidate without Fillon’s establishment ties or Le Pen’s anti-EU nationalism. Macron is pro-EU. He has proposed a tax cut for corporations, and an influx of public spending. His social views are largely liberal, and he supports France’s secular society; he has said, however, that Muslim head scarves should not be banned at universities.

Jean-Luc Melenchon

In recent days, Melenchon, a 65-year-old admirer of Mao Zedong and Hugo Chavez, has been biting at the heels of Macron and Le Pen. His views are so far left that some worry he is an undercover communist. He would like to see a huge increase in public spending, he is skeptical of the EU, and he proposes France leave NATO. This is not his first rodeo; Melenchon ran in 2012, capturing 11 percent of the vote. But with his competitors stalling, and as France, like much of the rest of the West, seeks radical solutions, his star is on the rise.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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U.S. Approves Direct Flights From 10 Cities to Havana https://legacy.lawstreetmedia.com/news/u-s-approves-direct-flights-havana-10-cities/ https://legacy.lawstreetmedia.com/news/u-s-approves-direct-flights-havana-10-cities/#respond Fri, 08 Jul 2016 17:41:22 +0000 http://lawstreetmedia.com/?p=53784

The list includes four cities from Florida, the state with the highest Cuban-American population.

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"Caribbean beach series .. Cuba" courtesy of [Nick Kenrick via Flickr]

About a year after resuming the diplomatic relationship with Cuba, the U.S. government has just approved direct commercial flights from 10 American cities to Havana. This is yet another step toward thawing a relationship that has been icy since 1961.

A statement by the U.S. Department of Transportation reads:

Today we take another important step toward delivering on President Obama’s promise to reengage Cuba […] Restoring regular air service holds tremendous potential to reunite Cuban American families and foster education and opportunities for American businesses of all sizes.

Officials first signed an agreement to open up American flights to Cuba in February—for the first time in more than half a century. Last month, the Transportation Department approved flights to other cities in Cuba, but now the time has come to allow air travel to the the capital city, Havana. American Airlines will receive the biggest share of flights, at 35 per week, closely followed by JetBlue with 27.

The American cities that the flights will depart from are: Atlanta, Charlotte, North Carolina, Houston, Los Angeles, Newark, New Jersey, New York, Orlando, Tampa, Miami, and Fort Lauderdale.

Florida has the highest Cuban-American population in the U.S., and so four cities will launch the most flights, at 85 per week. Demand will be high from Cuban-Americans, according to the Miami Herald.

Since Fidel Castro seized power and started collaborating with the Soviet Union in the early 1960’s, there has been mutual mistrust and economic sanctions on Cuba. The trade embargo also meant a travel ban, so that Americans could not visit the island legally.

When Obama came into office, he started working towards easing the bans and sanctions, in an effort to normalize the relationship. In 2009 he lifted the travel ban for Cuban-Americans, making it easier for people to visit relatives and travel freely.

However, the ban on American tourism in Cuba is still in place, so airlines will be required to record the reason why passengers are traveling there. But if you don’t have relatives on the island and want to visit, don’t fret. There are 12 scenarios where you could still be allowed to visit. For example, you’re ok to go if it’s for religious activities, to make a public performance, or compete in an athletic competition.

The decision about the flights won’t be final until after a 30-day trial period during which potential complaints or objections will be handled. The first U.S. to Cuba flight is scheduled to fly from Fort Lauderdale to Santa Clara in September.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Bernie Sanders’ Campaign Tries to Stop “Bernie is my Comrade” Gear https://legacy.lawstreetmedia.com/elections/bernie-sanders-campaign-tries-to-stop-bernie-is-my-comrade-gear/ https://legacy.lawstreetmedia.com/elections/bernie-sanders-campaign-tries-to-stop-bernie-is-my-comrade-gear/#respond Wed, 20 Apr 2016 13:45:32 +0000 http://lawstreetmedia.com/?p=51971

Bernie is not this guy's comrade.

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"Bernie Sanders" courtesy of [Gage Skidmore via Flickr]

During the current 2016 primary, Democratic candidate Bernie Sanders has been careful to emphasize that (despite some right wing attacks that say otherwise) he’s not a communist or a socialist. However, Sanders and his team are now possibly going to have to take that fight to court. Sanders’ legal team is fighting to stop a man named Daniel McCall and his company Liberty Maniacs from selling t-shirts, coffee cups, and other merchandise emblazoned with the words “Bernie is my comrade.”

The merchandise uses what looks like Sanders’ own campaign logo for “Bernie’s” name. Then, a picture of Sanders is featured along with some of history’s most famous communists and socialists–Karl Marx, Friedrich Engels, Vladomir Lenin, Joseph Stalin, and Mao Zedong.

 

The Sanders campaign sent McCall a cease and desist letter alleging that McCall was infringing on its copyright and trademark; it also demanded that the company destroy or take down the items from the internet. In response, McCall’s lawyer has now accused the campaign of “trademark bullying.” McCall told Buzzfeed news

I was surprised Bernie’s campaign would have done that. He didn’t seem to be the type of candidate, the type of guy, who would do something like this. I’m waiting to see what happens, but I would think Bernie, or one of his staff members will step in and put an end to it. It appears to be pretty silly.

His lawyer, Paul Levy also responded to the lawsuit, and made a point about free speech

That contention is absurd. You cannot use trademark theories to silence members of the American public who disagree with your client’s views and oppose his candidacy. They can hardly express their views in that respect without identifying the candidacy about which they wish to speak; and it is precisely because the logo is so recognizable that it is an excellent way of specifying which ‘Bernie’ is the subject of commentary.

While its understandable that Sanders’ campaign doesn’t want to be affiliated with some of history’s most reviled dictators, we’ll have to see if the campaign prevails in this copyright fight. 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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An End to China’s One-Child Policy: What Does it Mean? https://legacy.lawstreetmedia.com/issues/world/why-did-china-end-its-one-child-policy/ https://legacy.lawstreetmedia.com/issues/world/why-did-china-end-its-one-child-policy/#respond Fri, 06 Nov 2015 14:20:18 +0000 http://lawstreetmedia.com/?p=48973

A huge departure from the last three and a half decades.

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Image courtesy of [Dimitry B. via Flickr]

After nearly three and a half decades, China’s famous one-child policy is finally coming to an end; the Communist Party announced last week that it will begin to allow families to have up to two children. The change will officially go into effect this upcoming March, when the parliament provides approval at its annual session. The policy, which was introduced in 1979, was meant to help ease the booming population of the country, which is now at approximately 1.36 billion. However, it has had enormous adverse effects on nearly every facet of Chinese society, and has created a chaotic demographic landscape within the country. Essentially, the Chinese population is too male, and too old, and that’s a problem.

So, why should the rest of the world care about this change in China? The one-child policy has been a human-rights disaster, and the demographic, social, and economic effects will haunt China for generations to come. Here’s an overview of what this policy has meant for Chinese society over the past 30 years, and what its end will mean for the country’s future.


The One-Child Policy: A Background

In 1949, the year of the founding of the People’s Republic of China, Mao Zedong proclaimed, “of all things in the world, people are the most precious.” This declaration reflected the government’s notion that population growth was beneficial and would help boost the economy. The government even went as far as to ban the import of contraceptives into the country in order to promote this agenda.

This backfired, however, when the population levels became so large that food supplies were not sufficient enough, resulting in famine that caused around 30 million deaths. The severity of China’s population growth became evident, and something needed to be done to slow it. As a result, the one-child policy was born in 1979 and declared that couples must limit their families to only having one child.

Violators who go over the mandated quota can face a variety of consequences, ranging from fines to forced abortions and sterilizations. There are some exceptions: ethnic minorities are generally excluded from the rule, and couples are allowed to give birth to a second child in certain circumstances. Additionally, the policy has been criticized for being applied unequally depending on one’s socioeconomic status: the rich are able to pay a “social compensation fee,” a fine that is a certain percentage of their income, or are able to travel abroad to give birth. This has turned the policy into a class issue as well, because the wealthy elite are easily excluded from the law.

Perhaps one of the greatest criticisms of the policy is how unevenly it is enforced. Regulations and consequences can vary from province to province, in addition to socioeconomic status. Critics cite this as proof that the policy is simply unenforceable; there is no way to hold everyone to the same levels of accountability and ensure that everyone is receiving equal treatment. So, the argument follows, what good is a policy that can’t even be carried out as it is supposed to be?


The consequences of the policy

In a way, it could be said that this policy has been successful: ultimately, it ended up doing what it set out to do by preventing around 400 million births. However, in doing so, it has created enormous disruptions in various facets of Chinese society. The one-child policy is essentially a social experiment that seemingly has done more harm than it has good.

Strict Regulations on Fertility

This policy has led the Chinese government to implement severe methods to regulate fertility, including forced abortions on women who become pregnant with a second child. Official statistics say that there have been approximately 1,500 abortions an hour since the implementation of the policy. Another means by which this takes place is sterilization, which is often forced—nearly 196 million of these procedures have been performed since implementation of the policy. While this sterilization is effective in ensuring that couples do not have to worry about accidental pregnancies, it is not a trouble-free solution. An example of this can be seen in a story told by one reporter, who recounted that after the 2008 earthquake in Szechuan, many couples who lost children were rushing to reverse these procedures so that they would be able to conceive again.

Additionally, there is now a generation of “hidden children” (children born out of quota) who have been abandoned by their families and are often unable to receive official identification numbers from the Chinese government. This is just one of many ways in which the policy is viewed as harmful for human rights in the country.

In some cases, women feel that their reproductive organs are owned by the state, as they no longer have sovereignty over their bodies. The tight hold that the government has over women’s bodies enhances the already-patriarchal nature in Chinese society, which exists largely due to the sheer amount of males in China.

An Altered Demographic Landscape

The one-child policy has created an imbalanced sex ratio (1.16 boys born for every girl) that is becoming problematic for Chinese society. This is because it has encouraged sex-selective practices such as abortions, infanticides, and abandonment of female babies. The statistics regarding some of these practices are heartbreaking: the rates of girls at Chinese orphanages have been found to be as high as 90 percent.

These practices have created a new generation of Chinese bachelors who are finding it difficult to marry. In some rural areas, feudal practices have reemerged that dictate that if a man wants to marry, his family must pay a large price for the girl’s hand. Many men will likely never be able to marry, having even greater ramifications for future generations.

Additionally, the population of China is skewing older, and is likely continue to do so for many generations. The average population of the country is getting older and older, and will continue to do so in the future. However, since the number of younger people is declining, there will be less people to support the growing retiree population. As the video below shows, more people must rely on nursing homes for support, going against traditional Confucian traditions that dictate that families must support their elderly members.

What makes this issue even more serious is the fact that China lacks a social security system, so children are counted on to be the source of support for parents after retirement. In the 2008 earthquake many parents who lost children were rushing to undo their sterilization procedures; one of the main reasons why is that they need someone to provide for them as they age.

Lastly, China’s aging population will potentially harm the economy in a huge way. With a shrinking working-age population, China’s economic future may be in peril.

The consequences of the one-child policy on the demography of China are serious and affect nearly every aspect of Chinese life in the present and in the future. Even with the end of the policy, it will likely take generations for these repercussions to be undone.


How will the end of this policy benefit China?

While the end of the one-child policy is a step in the right direction, it probably won’t be able to undo the disastrous consequences that were created with its implementation. More so, this change won’t be able to make up for the millions of lives affected by the forced sterilizations, abortions and infanticide that took place under this policy. And while the two-child limit still exists, a Chinese woman’s fertility will still remain under the control of the government.

In an article in The Guardian, author Mei Fong argues that the one-child policy has not solely changed the number of kids that a couple has, but has overall changed the way that Chinese people live their lives. Major life decisions such as marriage, employment, and retirement have all been shaped by the policy, and as a result, it is unlikely that the end of the policy will result in any sort of “baby boom” that will undo its negative effects. Fong’s overview demonstrates an important point: it will take a long time before Chinese society sees any effects from ending this policy. So, for a long time coming, we will likely see more of the same in China.


Conclusion

At the end of the day, the one-child policy was an ideal that could never be achieved. There is no simple answer to China’s population problems, but an authoritarian policy is obviously not the solution, and it seems that the country has finally recognized it. China will be a country to watch over the next few decades, as it struggles to figure out how to manage nearly one-sixth of the world’s total population.


Resources

BBC: China to End One-Child Policy and Allow Two

The Guardian: China’s Brutal One-child Policy Shaped How Millions Lived, Loved, and Died

National Geographic: How China’s One-Child Policy Backfired Disastrously

Wired UK: The Harrowing Reality of China’s One-child Policy

TIME: A Brief History of China’s One-Child Policy

The New Yorker: Judging China’s One-Child Policy

Mariam Jaffery
Mariam was an Executive Assistant at Law Street Media and a native of Northern Virginia. She has a B.A. in International Affairs with a minor in Business Administration from George Washington University. Contact Mariam at mjaffery@lawstreetmedia.com.

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Nebraska ACLU: McCarthy-Era Loyalty Pledge for Teachers Must Go https://legacy.lawstreetmedia.com/news/nebraska-aclu-mccarthy-era-loyalty-pledge-for-teachers-must-go/ https://legacy.lawstreetmedia.com/news/nebraska-aclu-mccarthy-era-loyalty-pledge-for-teachers-must-go/#respond Sun, 16 Aug 2015 20:04:41 +0000 http://lawstreetmedia.wpengine.com/?p=46998

The law from 1951 is creating a lot of problems in Nebraska.

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Image courtesy of [Steve Harwood via Flickr]

The Hastings public school district in Nebraska has recently begun following an old law requiring teachers to pledge their beliefs to American ideals. But now, the American Civil Liberties Union (ACLU) of Nebraska has gotten involved in the attempt to stop the Hastings public school district from continuing to enforce the law.

The law dates back to 1951, during the height of McCarthyism and the Red Scare. It requires teachers to sign a pledge outlining their loyalty to the United States. The pledge given to the Hastings Public Schools teachers read as follows:

All persons engaged in teaching in the public schools of the State of Nebraska and all other employees paid from public school funds, shall sign the following pledge:

I, ………., do believe in the United States of America as a government of the people, by the people, for the people; whose just powers are derived from the consent of the governed; a democracy in a republic; an indissoluble nation of many sovereign states; a perfect union, one and inseparable; established upon those principles of freedom, equality, justice and humanity for which American patriots sacrificed their lives and fortunes.

I acknowledge it to be my duty to inculcate in the hearts and minds of all pupils in my care, so far as it is in my power to do, (1) an understanding of the United States Constitution and of the Constitution of Nebraska, (2) a knowledge of the history of the nation and of the sacrifices that have been made in order that it might achieve its present greatness, (3) a love and devotion to the policies and institutions that have made America the finest country in the world in which to live, and (4) opposition to all organizations and activities that would destroy our present form of government.

The law is actually still in place in the state of Nebraska, and information about whether or not various school districts follow it appears to be spotty. However, requiring public employees to sign such a pledge has actually been declared unconstitutional multiple times.

Despite the fact that the law has been on the books since 1951, this year appears to be the first time in recent decades that Hastings Public Schools teachers were actually asked to sign it. According to Hastings Public Schools superintendent Craig Kautz, this change is because he was not aware of the law previously, and is now following it based on legal advice. He also points out that if members of the staff choose not to sign it, it will not negatively affect their employment status in the schools.

Regardless, the Nebraska ACLU had a serious problem with the pledge, and sent the letter to warn the Hastings School District about moving forward with its enforcement. In the letter sent to the school district, Amy Miller, legal director for the Nebrasksa branch stated:

You need to know that the statute is a dead letter law which has been clearly overruled by the highest court in the land. Attempting to enforce the state statue is unconstitutional and will expose the school district to liability to a civil rights lawsuit.

Currently, there are discussions in Nebraska about whether or not to change the law, but it seems like there’s plenty of confusion over whether or not it would stand up in court. Rex Schultze, a lawyer who represents some of the Nebraska school districts that require that the law is signed, has stated:

I don’t think the (teacher pledge) law is unconstitutional because it does not require anyone to give up any constitutional rights of free speech or association. All it says is you will, as part of your employment, seek to encourage these things.

Either the Hastings Public Schools will stop requiring teachers to sign the pledge, or this could end up being examined more specifically in court, putting an end to the debate once and for all.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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The U.S. and Cuba: The Path to Normalized Relations https://legacy.lawstreetmedia.com/issues/world/u-s-cuba-path-normalized-relations/ https://legacy.lawstreetmedia.com/issues/world/u-s-cuba-path-normalized-relations/#comments Tue, 06 Jan 2015 12:30:03 +0000 http://lawstreetmedia.wpengine.com/?p=30871

Time to head to Cuba! But first here's a look at the countries' complicated history.

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Image courtesy of [Day Donaldson via Flickr]

On December 17, 2014 following a prisoner exchange, President Obama outlined efforts being made to normalize relations with Cuba. The announcement was monumental as it signaled a major change in a policy dating back to the Cold War. It was also vague. What exactly did this mean and how will the Cuban American community take this? To answer these questions it is necessary to go back in time and look at the relationship between the United States and Cuba from the beginning, from before the embargo to present day.


History

It’s easy to imagine that the relationship between Cuba and the United States only began when Fidel Castro became the ruling dictator; however, the two nations shared a bond that is much older than that era. It can be argued that it goes all the way back to the 1860s when, after seceding from the Union, the Confederacy believed it would eventually conquer the small island of Cuba and incorporate it as one of its states. A more concrete beginning to the relationship, however, lies in the events following the American victory in the Spanish-American War.

After the end of that war, Spain ended its claim to Cuba. The United States granted Cuba its independence, but this came with two conditions: first, that the United States had the right to intervene in Cuban affairs; and second, that the U.S. would be granted a continuous lease for a naval base, which would become the infamous Guantanamo Bay detention facility.

While the United States has clearly exercised the second right, it also made use of the first. The U.S. intervened in Cuban affairs by frequently helping to crush rebellions in the first half of the twentieth century, despite brutal crackdowns on dissent, which was one of the reasons it allegedly wanted to fight Spain for Cuba’s independence in the first place. Aside from American government overtures, American businesses also invested heavily in Havana, turning it into a popular vacation getaway. Even the Mafia became involved in Cuba, using it as a conference center and investing there heavily themselves.

The Cuban revolution occurred in 1959, and Fidel Castro overthrew the U.S.-supported Batista regime. The immediate aftermath did not foreshadow what was to come. In fact, in one of history’s odd turns of events, the United States quickly recognized Castro’s regime, and Castro himself came to visit Washington, D.C. just weeks after the successful coup.

The honeymoon phase, of course, did not last long. Along with Castro’s increasingly clear Communist leaning, he made efforts to nationalize private companies, including American ones, and impose heavy taxes on American goods, which served to sour the relationship. In response to heavy taxes on American goods, President Eisenhower in turn enacted trade restrictions allowing for only food and medical supplies to be shipped to the island. Outraged at what they deemed to be American imperialism, Cuban officials then increased trade with the Soviet Union. This proved to be the nail in the coffin; the United States severed all diplomatic ties and the permanent and infamous embargo was put into place in early 1962.


Sanctions & Embargo

The embargo itself both leveled economic sanctions on Cuba and restricted travel and commerce with the country for all people and companies under United States authority. The embargo was strengthened in 1963 with the Cuban Assets Control Regulations, which prohibited financial transactions with Cuba and outlawed the importation of Cuban-made goods. The embargo was further strengthened by two additional acts passed in the 1990s.  According to these acts, the embargo could only be lifted if Cuba would:

Legalize all political activity, release all political prisoners, commit to free and fair elections in the transition to representative democracy, grant freedom to the press, respect internationally recognized human rights, and allow labor unions.

Since Cuba has not met these conditions yet the embargo has endured.

Diplomacy Under the Embargo

Since the enactment of the embargo, the two countries have been at strife, communicating only through Switzerland when necessary. Nevertheless, while the two nations were not talking they were still crossing each other’s paths. The action was greatest immediately following the embargo with the Bay of Pigs disaster and the Cuban Missile crisis, which nearly led to nuclear war between the U.S. and the Soviet Union.  

In the Bay of Pigs operation, 1,400 Cuban exiles who had been trained in Guatemala were to land at night and begin guerilla operations against the Castro regime with the additional aid of U.S. airstrikes. The invasion faltered immediately when the airstrikes missed their target and the invading force met much stiffer resistance than expected. In the end, downed U.S. pilots were taken hostage and nearly the entire invading group was  forced to either fall back, surrender, or was killed.

That operation led directly to the Cuban Missile Crisis. In that situation, Cuba asked for and was to receive Soviet nuclear weapons as a deterrent against future American attacks. The United States learned of the planned installation of nuclear weapons and a standoff briefly ensued when Cuba was quarantined by American naval ships. Eventually the Soviets agreed publicly to remove the weapons if the United States promised not to invade Cuba; privately the U.S. also removed nuclear weapons it had in Turkey.

Since the 1960s, the relationship can best be characterized as a standoff with each side occasionally making an effort to proverbially poke its rival. On Cuba’s part this includes releasing thousands of criminals and mentally ill and sending them to the beaches of Florida as exiles. For the United States, this has meant continuing to turn the screws and ratcheting up the intensity of sanctions, even while Cuba suffers from hunger and a grossly underdeveloped infrastructure.

The video below outlines Cuba and U.S. relations since Castro’s takeover.

The Winds of Change

Despite nearly 60 years of animosity, the relationship between the two nations began to change again following the election of President Barack Obama in 2008. As part of his original campaign platform, Obama had vowed to reduce restrictions on Cuban-Americans who want to visit relatives. Obama’s actions were two-fold: first, they allowed Cuban-Americans with family in Cuba to travel there freely, and they eliminated the cap on the amount of remittances people could send back. Secondly, people without family members in Cuba were also allowed to send capped remittances to the island, and could travel there with a license for educational or religious reasons. This also opened Cuba to companies that wished to provide cellular, television, and telephone services to the island.


Recent Developments

The last domino fell the day before the president made his speech on the path to normalization between Cuba and the United States when Alan Gross, an imprisoned USAID worker, was finally released and brought home to America in a prisoner exchange. The exchange was in part made possible through a dialogue brokered by Pope Francis who had invited the two sides to resolve their differences. Also, part of the agreement were pledges by both countries to open embassies in each other’s capitals. Additionally, the United States promised to further relax business and commercial travel restrictions with the island nation. Lastly, the U.S. has guaranteed to go even further by unfreezing bank accounts and agreeing to review Cuba’s designation as a state sponsor of terror.

The video below explains what exactly the president plans to do.


Obstacles

There are still several potential obstacles to the establishment of full relations. First is the large Cuban-American voting bloc in Florida, a traditionally pivotal swing state. Many Cuban-Americans want to see the entire Castro family regime removed before relations are normalized; however, that may be changing–while a 1991 FIU poll reported that 87 percent of Cuban-Americans supported the embargo, by the time Obama was elected in 2008 the majority had moved the other way. Although this reversed course yet again, by 2014 the majority of Cuban-Americans polled were once more in favor of lifting the embargo. Support was especially strong among young people, with 90 percent in favor of reestablishing diplomatic ties with Cuba. So, it’s difficult to tell conclusively what percentage of the Cuban-American population will be in favor of these more normalized relations.

Another obstacle is Cuba’s extremely poor human rights record. As mentioned earlier, one of the conditions for removing the embargo by the United States was that Cuba respect internationally recognized human rights. Cuba’s human rights record has remained dismal. In 2014, Human Rights Watch listed Cuba as “not free.” More specifically, in three indicators–freedom rating, civil liberties, and political rights–Cuba received scores of six and a half, six, and seven, respectively.  The scale goes from one to seven, with seven being the worst. Clearly, if Cuba wants to lift the embargo and normalize relations with the U.S., improving its regard for human rights is something that needs a lot of work.

Most challenging for President Obama, however, is Congress. While the president can make some tweaks to the relationship himself, he needs Congress in order to abolish the embargo as it is codified into law. This will most likely prove especially difficult for a president who was not having much success dealing with Congress before Republicans won a majority in both the House and Senate in 2014; however, the political loyalties of Cuban-Americans themselves may alter the status quo.

Traditionally, Cuban-Americans have favored the Republican party; in 2002 according to a Pew poll, 64 percent favored Republicans. However, by 2014 only 47 percent favored Republicans and 44 percent now favored Democrats. This is partly a result of this demographic skewing younger, and the younger generation being overall more open to reconciliationWhatever the reason may be, both parties now will likely work to secure this group’s loyalty. Thus, while the Republican Congress may be recalcitrant on many issues supported by the president, if it believes Cuban-Americans desire an end to the embargo and normalized Cuban relations with the United States, the prospect of that happening is much more likely. Congress may be especially eager to act if it means maintaining historical support from a key swing state supporter. 


Potential Outcomes

While the Cato Institute estimates that the U.S. could gain as much as $1.2 billion annually from lifting the embargo on Cuba, the economic worth pales in comparison to other considerations. By finally lifting the embargo the United States could signal a major policy change from the Cold War tactics of years past and even the “democracy by force” doctrine that many people associate with the war in Iraq.

Furthermore, it could also signal to some of the United States’ other antagonists, namely Iran and North Korea, that there is another way dialogue can be established. It may even serve as a way to save face as the sanctions on both of those countries are also seemingly ineffective. Additionally, it may further add some lost luster to the United States’ image of being an international good guy and not a traditional Western imperialist. Specifically, for other developed critics of the United States such as Russia and China, this might remove some of their argument that the United States is hypocritical and has different policies for different countries based on its interests.

On a more personal level for President Obama, this could signal a foreign policy coup that seems needed after the debacle with the Syrian Red Line and ISIS. If the president is successful in this endeavor it might also secure an important voting bloc in a swing state for Democrats down the road. Of course it may also come back to bite the United States if Cuba doesn’t make any changes. It might make people worry yet again that the United States is weak and has no stomach for drawn out conflicts anymore, which could actually further embolden adversaries such as Iran and North Korea even more. Still, the potential to garner goodwill, end fruitless policies, and reassert the image of the United States as a haven for freedom seem to outweigh the bad and are also the most likely outcomes.


Conclusion

While many critics of normalizing relations with Cuba say that the president is essentially rewarding the country and prolonging the regime, their facts do not add up. Although Cuba certainly should be required to improve its human rights laws as part of any normalization, sanctions seemed to be ineffective. In today’s globalized world, countries cannot be shunned simply because their policies are not what we want them to be. This is especially relevant for nations such as Iran and North Korea that also draw Washington’s ire and are sanctioned accordingly for it. Rapprochement with Cuba therefore appears to have raised more questions than answers, but perhaps these questions are the key to an overall more successful foreign policy.


Resources

Primary

Council on Foreign Relations: US-Cuba Relations

Additional 

Time: US Cuba Relations

ProCon: Cuba Embargo

NPR: Polls Show Cuban American Views

Cato Institute: Time to End Cuban Embargo

History Net: Confederacy

History: Spanish American War

JFK Library and Museum: Bay of Pigs

Freedom House: Cuba

Harvard Political Review: Reexamining the Cuban Embargo

Washington Post: US-Cuba Relations

NPR: Obama Eases Limits on Cuba Travel, Remittances

US Department of State: Cuban Missile Crisis

Pew Research Center: After Decades of GOP Support

Michael Sliwinski
Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

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