Fifty years ago, the Civil Rights Act of 1964 was signed into law by President Johnson. Since then, the shape of the civil rights movement has transformed dramatically. Racial discrimination in voting, education, and employment began being combated by the activists of the 1950s and early 60s. Despite making progress since then, blacks and other minorities still face disparities, and they’re being addressed differently today. To further the cause, we need to know how the movement has changed.

What is the Civil Rights Conversation Today?

The transformation of civil rights and racial politics reveals what some scholars call the post-civil rights era. One such scholar, Howard Winant of University of California Santa Barbara, discussed what racism means in a modern context. In his piece “What is Racism?” he suggests that conservatives control the modern civil rights discussion. He says that the conservative revolution of the Reagan era created a wave of racial demands that used “individualism, competition, and laissez-faire” as its focal points. Although it was written in 1998, the principles he laid out are applicable today. Who are the conservatives engaging in discussions about civil rights now?

One politician stands out as taking the helm on civil rights issues from a political position: Rand Paul. Senator Paul of Kentucky, a libertarian Republican, has gained national attention. Although he may have started on the coattails of his father, former congressman and presidential candidate Ron Paul, Senator Paul has made some interesting moves in his own right. From cosponsoring a criminal justice reform bill with Senator Cory Booker (D-NJ), to introducing legislation to curb civil asset forfeiture, Paul is making noise in Washington.

Other conservatives are talking about civil rights outside of the capital, too. New Jersey Governor Chris Christie signed a bill that expanded the state’s drug court system; the policy is designed to help non-violent drug offenders access rehabilitation rather than serve time in prison. Libertarian groups like the CATO institute are also leading the way on discussing discrimination with scathing research on topics like police aggression.

Is there a problem with conservatism in the civil rights discussion? According to Winant, “racism is rendered invisible and marginalized” because of the right-wing’s domination of the discussion. He suggests that the conservative uprooting of the civil rights discourse resulted in a conversation “which deliberately restricted its attention to injury done to the individual as opposed to the group, and to advocacy of a ‘color-blind’ racial policy.”

But Senator Paul is acknowledging the racial components. In a Politico article he notes, “I believe in these issues. But I’m a politician, and we want more votes.” He’s actually advertising himself as the most prominent congressperson advocating civil rights for minorities, while admitting his political ambition. By recognizing the detrimental effects that excessive police force and the war on drugs have on racial minorities especially, is Paul changing the civil rights discourse while maintaining its conservatism?

How American civil rights issues are progressed is called into question by Paul. He may be referencing the disadvantages minorities continue to face as a result of these problems, but is his approach in line with true civil rights activism? Winant would call for a great emphasis on group collaboration and celebration. Meanwhile, the conservative and libertarian influence on civil rights issues would ensure that the political discussion remain an individualistic one. This dichotomy is important to keep in mind when discussing civil rights issues today.

The War on Drugs

The War on Drugs is remarkably impactful on civil rights. “Tough on crime” anti-drug policies, which have proliferated since the Nixon administration, swell America’s prisons and disproportionately affect the black community. Two drugs in particular largely define the epidemic: marijuana and crack-cocaine.

While marijuana laws across the country are loosening, black people are still 3.73 times more likely to be arrested for possession than white people. Employment opportunities are lost, and families are broken. Similarly, law enforcement’s aggressive response to crack, and the drug itself, ruined entire inner-city communities. Crack’s culturally-white counterpart, cocaine, was never targeted with nearly the same hostility. As the War on Drugs directly toppled black communities and severed their families, it caused a number of other issues in the realm of civil rights.

Excessive Policing

A primary issue is constitutionally-questionable policing. In an effort to confiscate assets involved in illicit drug transactions, law enforcement officers across the United States have been endowed with the authority to take money and property through a process called civil asset forfeiture. Roughly 80 percent of citizens in these cases are never charged with a crime, but police may seize their assets and use them to fund their department. Escalating since the 1990s, the militarization of police also results in excessive aggression against innocent people. With law enforcement offices across the country having easy access to federal military equipment, police take on unnecessary gear and, during a drug search or warrant serving, break into homes without knocking, traumatize people, and often kill innocents

The black community suffers disproportionately from both of these issues. A New Yorker article on civil asset forfeiture notes the disparities faced by blacks and minorities in these cases. For example, in Shelby County, Texas “the targets were disproportionately black or Latino.” The American Civil Liberties Union published an extensive report on police militarization and found that “the use of paramilitary weapons and tactics primarily impacted people of color.” Although blacks comprise 13 percent of the U.S. population, 39 percent of SWAT deployments impacted blacks, according to the ACLU. Only 20 percent impacted whites.

The War on Drugs led to excessive law enforcement practices that are are unsavory in their own right. But issues such as these consistently impact blacks at disparate rates. While a variety of problems now face minorities such as food insecurity and strict voter identification laws, the criminal justice system holds a great deal of political attention.

In some ways, the discussions we have these days about civil rights look very different than those that were prevalent during the hey-dey of the civil rights movement. The movement certainly has changed, and new players are entering the debates. What’s important to keep in mind is that the leaders of the current civil rights discussion shouldn’t only ask what can be done for each and every minority. They should also question how today’s civil rights conversation affects the community as a whole.

Jake Ephros

Jake Ephros is a native of Montclair, New Jersey where he volunteered for political campaigns from a young age. He studies Political Science, Economics, and Philosophy at American University and looks forward to a career built around political activism, through journalism, organizing, or the government. Contact Jake at staff@LawStreetMedia.com.

The post The Civil Rights Discussion: New Issues and New Debaters appeared first on Law Street.

I have made known how I feel about Toronto Mayor Rob Ford.  The cliff notes version is that I think he is a joke.  My colleague Annaliese wrote a pretty funny sendup of him as well.  He has been discussed ad nauseum in the media as of late, mainly for being a mess of a politician and human being.

A few hundred miles away, a different city has been talking about a different politician. Rep. Radel is a freshman congressman in the U.S. House of Representatives and represents Florida’s 19th Congressional District.  In October, he was arrested for purchasing three-and-a-half grams of cocaine from an undercover police officer. This activity, of course, is frowned upon.

Rep. Trey Radel, courtesy of U.S. Government (Office of Congressman Trey Radel) via Flickr.

Ok, I have to be honest.  I did not bat an eye when I read about Radel and his nose candy purchase.  Person in a position of power decides that, in their free time, they want to play Tony Montana; also, today ends in “Y.”  Next controversy?

I got to thinking why I was so incensed about Mayor Ford, and so indifferent regarding Rep. Radel.  Here are my findings:

Their positions

Trey Radel is in his first term as a U.S. Representative. He was sworn in ten months ago, and is at the bottom of the Congressional totem pole.  In addition, there are literally 434 other people who do  the exact same job as Rep. Radel. There is enough of a buffer that a coke binge would not stop the wheels of legislation.  However Radel’s arrest has drawn the ire of many because he recently voted to drug test recipients of public monies like food stamps and welfare (the gall!). His reasoning: if you receive government money as a public benefit, you cannot do drugs. If you receive government money as a result of a job that you are doing, drugs are okay.

Rob Ford, on the other hand, is the executive of Toronto. You know, Toronto, the largest city in Canada.  Imagine the uproar if the mayor of a city like New York said that he was really drunk when he smoked crack?  Bloomberg would never. New York would also have de Blasio’s head.  It would not fly in any major American city: not Los Angeles, not Boston, not Washington, D.C.—oh wait.  Nevermind. Additionally, a mayorship inherently has more immediate power than a member of Congress could have from their job, and the duties of a mayor’s job has a more direct effect on constituents.

Their Images

Trey Radel is a 37-year old Floridian and former news anchor. The guys is good looking. Unfortunately, that helps.  Look, this is not the first time looks have been advantageous to a politician.  He is a favorite of the tea party, hip enough to tweet, and has a young family. Finally, cocaine has a different social connotation than crack. This dates back to the Reagan Administration and the war on drugs.  Drugs are still drugs, of course, but cocaine is more widely accepted as recreational or social.

Rob Ford, on the other hand, looks like a cartoon character.  He has been a public figure long enough to have many televised gaffes that have since been turned into .gifs many times over.  Additionally, crack is embarrassing. When Whitney Houston was accused of crack cocaine use, she explicitly stated that she made too much money to ever smoke crack cocaine.  The Chapelle Show’s Tyrone Biggums character was a hilariously accurate rendering of how most people imagine users of crack cocaine. To imagine the mayor of Toronto smoking crack, then, is particularly jarring.

Rob Ford, courtesy of Shaun Merritt via Flickr.

Their Reactions

Almost a month after his arrest, Radel’s office released statements that seemed to follow the tried and true “politician in trouble” response.  He acknowledged that he had a problem and wanted to take a leave of absence from the House of Representatives.  He mentioned that he’d let himself, his family, and his constituents down. His actions immediately after the arrest made it seem like he thought that the incident would remain under the radar.  This hypothesis is bolstered by the fact that, according to reports, he did not tell senior Congressional officials until recently. In the days since the widespread dissemination of his arrest details, Radel has vowed to seek treatment for his addictions.

Rob Ford’s reaction was atypical, to say the least.  He took Bill Clinton’s “definition of ‘is’ is” and ran it sixty yards to a touchdown in the game of “most ridiculous political excuses”.  You’ll recall that the Mayor said that he never lied, but instead was asked the incorrect question, which subsequently elicited an improper response.  Had the obviously inept reporter simply asked if he’d ever smoked crack, well then the answer would have been a resounding yes.  Duh.  Why? Because it’s the truth.  THE TRUTH.  Not habitually, and not voluntarily- he was just blackout drunk.  This nonsensical response is what one would expect from a crackhead.  With Ford, the jokes right themselves.

The Aftermath

What it comes down to is the potential for redemption. In America, we love a good comeback.  This is Radel’s first public slip up, and if he is smart it will be the last.  In addition, he is not the first member of Congress to be in this position. He can make a successful political comeback, and if he plays his cards right could even run for higher office.  Oh America, you truly are the land of dreams!

Ford, on the other hand, is in uncharted territory.  His behavior since the admission of smoking crack has gotten worse, believe it or not.  I mean, the man tried to tackle someone during a vote of no confidence of the Toronto legislature. He has taken the ultimate step towards irreverence and signed on for a reality television show. There is really nowhere for him to go but down- let’s just hope he puts the pipe down.

[Washington Post] [Post] [CNN]

—

Featured image courtesy of [F l a n k e r via Wikipedia]

Peter Davidson II

Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

The post A Tale of Two Politicians appeared first on Law Street.