Category: Uncategorized

  • Mob Rule Amendment

    Rally the

    Mob!
    The One Thing Bush Does Best

    By Greg Moses
    Texas Civil Rights

    Review
    http://texascivilrightsreview.org/phpnuke

    Published at Counterpunch
    And The Fort Worth Star-

    Telegram

    Stirring a crowd is one thing. Mob politics is another. Today with his

    announcement that he intends to pass a Constitutional Amendment against gay and lesbian marriage,

    President Bush reminds us what a mob monger he is. “I’m a uniter, not a divider,” promised

    candidate George W. during the election of 2000, but his most effective political initiatives reveal

    that his most sinister political talent is to rally us against them, whoever they

    are.

    That is why so few politicians voted against the Patriot Acts or the wars. When

    Bush brought these issues to the table, he did so with his singular genius for relegating the

    opposition into an intolerable world apart.

    Now he attempts to do the same thing with

    gay and lesbian marriage. “If you dare to vote against this prohibition you will be counted among the

    forces of darkness, and we will bury your political future.” That is the tone that Bush is able to

    strike, even if he never quite puts it that way. He has a talent for raising a mob with code words

    that mask naked power with righteousness.

    The unforgiving tone of Bush leadership is an

    eerie echo of the religious fundamentalism that he purports to oppose in global politics. Even his

    most conservative allies, such as James K. Glassman, of the American Enterprise Institute, recognize

    that today’s “defense of marriage” initiative is a political invitation to energize the fundamentalists

    at home.

    Faith-based agitation in Massachusetts, for instance, has helped to shift

    public opinion ten points in the direction of intolerance, reports Frank Philips of the Boston Globe.

    And this is Catholic, northern fundamentalism, not Protestant southern. So you ain’t seen nothin’

    yet.

    The Boston Globe story gives us another disturbing detail by reporting that the

    popular mood in this case demands majority rule rather than court consideration when it comes to these

    crucial issues of civil rights. But appeals to majority rule have usually been bad news in the history

    of civil rights.

    Beginning with the Bill of Rights, and going all the way up to the

    “Defense of Congressional Pay” (Amendment Number 27), Constitutional Amendments have been put in place

    to protect the relatively powerless against the state and majority rule. In the case of the

    Congressional Pay amendment, two consecutive votes of Congress are demanded, and why? Because when you

    get leaders like George Bush in office, mob fervor is liable to sweep reason away.

    We

    might demand for the American people the same protection the Congress has arranged for itself. Two

    consecutive votes of Congress, with an election intervening.

    Only once has a

    Constitutional amendment been passed by a majority in order to put a minority “in its place.” That was

    the mis-guided Prohibition amendment, the only one to be repealed.

    With the call for a

    Constitutional amendment to ban gay and lesbian marriage, President Bush summons a new American mob,

    panders to fundamentalism, and reverses the tradition of constitutional amendments, initiated by the

    Bill of Rights. George Bush is a political animal with his back against the wall. And he has made us

    in his image, into a nation of claws and teeth.

  • CounterPunch Reader Asks about Civil Rights

    Q: I read your article in Counterpunch. Some

    questions:

    Was Bethlehem Church pct. primarily black? And were the college
    students

    voting there primarily black? Were the county commissioner
    elections district-based, or at-large?

    As I recollect, county
    commissioners elections in Texas are always district-based. If so,
    was

    Denson-Prince running from the most heavily black district? Were
    there other black county

    commissioners elected previously? What is
    the overall black % in Kaufman County? How many of the

    elected
    commissioners were Democrats?

    I ask these questions because, depending on the

    answers, there may be
    grounds for a voting rights suit claiming racial

    gerrymandering.

    As regards the claim of vote fraud, it sounds, well, somewhat

    plausible. But the existence of racial harassment–the Republican
    (and presumably white) poll

    watcher making a nuisance of himself at a
    precinct that may be a black precinct–is pretty clear

    evidence of
    racial intimidation of the kind that could be useful in a racial
    gerrymandering

    lawsuit.

    A: Yes, yes, the church, the college, and the
    boxes south of

    the tracks are all predominantly black.
    And a white Republican will now replace a black
    Democrat

    in the Northeast Commissioner’s seat, leaving the
    four-man commissioner’s court not only free of

    Democrats,
    but also free of black representation. Retiring Ivan Johnson
    is African American.

    Census 2000 QuickFacts for Kaufman County report 11.5 percent African American. Here are some

    details:

    Going by the 2000 census tracts, the South Terrell
    area is 88 percent black (tract

    505, voting boxes 26,
    34, 5). These boxes went heavily for Denson-Prince,
    all others went for

    her white opponent.

    North of the tracks, the west side: 70 percent white,
    10 percent

    black, and 16 percent Hispanic (census
    tract 503, voting boxes 38 & 19).

    North of the

    tracks, on the east side: 63 percent
    white, 9 percent black, and 25 percent Hispanic
    (census

    tract 504, voting box 7).

    Then we have the rural boxes in the northeast county:
    88

    percent white, 5 percent black, 7 percent Hispanic
    (census tract 506, voting boxes 6, 8, and

    9).

  • Blend It, Don't End It: A Report for Affirmative Action

    SAN ANTONIO, Texas (June 24, 2004) – A new report documents the

    continuing lack of racial and ethnic diversity at Texas A&M, the University of Texas at Austin, and

    within Texas law and medical schools, despite many energetic efforts to try race-neutral

    alternatives.


    Go to Equal Justice

    Society Web Site

    EXCERPTS:

    (1) We also conclude that the Ten Percent

    Plan is “good but not good
    enough” regarding racial/ethnic diversity because the percentage of Black

    and
    Latino graduates from the most competitive high schools in Texas are less likely
    to enroll in

    selective public universities in Texas than they were prior to Hopwood….. (2) Another policy reason

    for moving beyond sole reliance on test scores and
    grade-point averages is the need to evaluate

    students’ promise within the context
    of their opportunities, rather than cementing structural

    inequalities in K-12
    education. For example, across all Texas high schools, 21.6% of Whites

    are
    enrolled in AP courses, compared to only 11.4% of African Americans and 12.4%
    of Latinos.

    While the Edgewood litigation and the subsequent school finance
    legislation played a major role in

    making public school funding in Texas more
    equitable, as it stands there is still a legally

    permissible gap between the
    funding per student in low-wealth and high-wealth school districts. [pdf

    55]

    (3) “Texas is deeply segregated, regionally and neighborhood-by-neighborhood in its

    major cities, so
    the majority of our high schools are almost entirely white or black or brown. This

    law is colorblind,
    but it used our bitter history of segregation to promote diversity.”–David

    Montejano [pdf 55, note 230]

    (4) While the diversity rationale is the focus of this

    policy report, the Supreme
    Court also recognizes that remedying the present effects of past

    discrimination
    can be a compelling interest for public entities to justify race-

    conscious
    affirmative action. In order for a university to institute affirmative action
    based on

    a remedial justification, it must establish that it has a “strong basis in
    evidence for its

    conclusion that remedial action was necessary.” [pdf 61]

  • A&M Buries Taskforce Findings

    Texas A&M President Buries
    Summer Taskforce Findings:

    Specially

    Appointed Committee
    Makes ‘Strong’ Recommendations
    For Race in Admissions, but

    Gates Dismisses “Diversity Domain”
    And Fails to Release Findings
    for Public

    Discussion

    By Greg Moses
    Texas Civil Rights

    Review
    http://texascivilrightsreview.org/phpnuke

    Three months before Texas A&M

    University President
    Robert Gates announced his decision to exclude
    consideration of race in

    admissions, his own specially
    appointed taskforce strongly recommended that race
    should be

    included. According to documents recently divulged in an open
    records request, the president’s

    taskforce on Aug. 29,
    2003, recommended a “three domain” analysis for
    admissions: “These domains

    consider potential for the
    individual’s success in academics, leadership and
    citizenship, and

    commitment to diversity.”

    Gates adopted the first two domains, “academics,
    leadership

    and citizenship,” but he overruled his own
    taskforce on the question of “commitment

    to
    diversity.” It is not yet clear who else besides the
    president was given an opportunity to

    review and
    discuss the taskforce report. Findings of the report
    are not mentioned in materials

    provided to Regents, in minutes of the Faculty Senate, or in discussions
    reported in the student

    newspaper.

    “I valued the recommendations of the task force
    appointed to consider

    revising admissions and related
    policies,” said Gates Monday in an email statement
    solicited for

    this story. “There was open and
    prolonged debate about the explicit use of race as a
    factor in

    admissions, and I carefully weighed all of
    them. After much thought, I decided that, for

    Texas
    A&M University, diversity would be best accomplished
    by basing admissions decisions on

    individual qualities
    — potential and merit — while accompanying such
    assessments with an

    aggressive outreach effort to
    attract more minority students.”

    Findings of the report

    remained undisclosed and out of
    reach from public debate after Gates publicly promised to expand the

    university’s diversity policies
    following the Supreme Court’s Grutter ruling, which
    vindicated

    affirmative action in June, 2003.

    Gates set the tone of public expectations on June

    27,
    for example, when he posted a statement on the
    internet that promised to explore

    “additional
    opportunities” made available by Grutter. In the June
    statement he calls attention

    to the fact that, “I made
    greater diversity one of the top four priorities on
    which we would

    focus our efforts during my time as
    president.”

    “Texas A&M University was the first

    university in the
    state to appoint a cabinet-level official responsible
    for increasing

    diversity,” said Gates in his email
    statement Monday. “Also, to the best of my knowledge, Texas A&M

    is the only university in the state subsequent to the Michigan decision to adopt new admissions

    requirements that create more opportunities for minorities. Be assured that I strongly believe that we

    are doing just that — creating more opportunities for minorities.”

    As one faculty

    source reported via email, “many of us
    here THOUGHT the President was going to use race

    in
    admissions because his positions until that moment
    (December) indicated he was leaning in

    that
    direction.” Professor of Sociology Eduardo
    Bonilla-Silva says that many “minority” faculty

    did
    not find out about the taskforce report until after
    the Regents announced the so-called race

    -neutral
    policy in December.

    Another faculty source who was active in the

    Faculty
    Senate debate said he is still not aware of the
    taskforce findings.

    “President Gates met with concerned minority and
    majority faculty AFTER he made his decision,

    a
    strategy that suggests he was not too concerned about having us on board,” writes Prof. Bonilla-

    Silva. “Had he thought we were central to his diversity efforts, we would have been consulted in some

    way.”

    A cover memo to Gates from the taskforce chair clearly shows that, during the

    summer of 2003, Gates had already formulated a position in opposition to
    affirmative action. “Had

    we suspected that, we would
    have been on the offensive from August onward!” writes Prof. Bonilla-

    Silva.

    The Aug. 29 cover memo to Gates, written by taskforce chair, Associate Provost

    and Dean of Faculties Karan Watson, says, “the taskforce is well aware of your concerns that the root

    problems concerning low diversity at Texas A&M University lie in the areas of ‘who applies’ and ‘who

    accepts admissions’ to a greater extent than any problem created by our current decision process for

    admission.” Watson’s cover memo, however, “strongly” recommends adoption of diversity-based

    admissions.

    “Even if our decision process before was not the
    greater problem, and

    with full acknowledgment that any change at this point in the process may be something of a lightning

    rod for strong criticism and
    mis-characterization, changing nothing is also a
    negative message to

    many of the people with whom we need to communicate our true intent and nature as a University,” wrote

    Watson.

    The taskforce also recommended secondary consideration
    of legacy status as

    part of a “University Mission
    Factor.” Gates abolished consideration of legacy
    status in

    January, after Texas officials and civil
    rights organizations criticized the university

    for
    considering legacy without race. The taskforce report
    demonstrates that race and legacy

    policies were both
    presented to the president before the Fall term began.

    In the body

    of the report, the taskforce spends a full
    page of single-space type citing existing

    statements
    and commitments to diversity already adopted by the
    university, including “Imperative

    Six: Diversify and
    Globalize the A&M Community” from the “Vision 2020”
    strategic plan assembled

    by the campus community.

    In the language of the taskforce report, the

    diversity
    domain in admissions would look for, “Students who
    have demonstrated a commitment to

    the broader
    understanding, deeper respect and stronger cooperation
    among diverse cultures, and

    individuals, or will help
    our educational environment in developing these
    commitments.”

    The diversity domain would be evaluated in two
    “dimensions.” First, a student’s

    experiences and
    commitments, including veteran status, living abroad,
    second-language

    proficiency, or migrant status.
    Second, a student’s capabilities and characteristics,
    including

    visible minorities such as, “American
    Indian, Alaskan Native, African-American, Black,

    Asian
    American, Pacific Islander, Hispanic, religious
    commitment that is reflected in dress,

    visible
    disability, men in historically female disciplines,
    women in historically male

    disciplines, and visible
    international applicants.” In each dimension
    applicants would be rated

    on a scale from Above
    Average to Weak.

    The taskforce document argues that the

    inclusion of
    visibly diverse students would help other students,
    “learn to avoid stereotyping.”

    “Currently,” says the taskforce report, “the groups
    listed above often report the

    sense that they are
    treated differently, often in demeaning or hostile
    ways, in courses and other

    activities on campus. We
    fully acknowledge that individuals from each of these
    groups do not

    represent a singular viewpoint,
    background or commitment to diversity, but that is

    the
    educational point of having a diverse set of these
    people, who often get cast into negative

    or demeaning
    stereotypes, present on campus.”

    The taskforce report then calls for

    annual and
    bi-annual review of diversity policies.

    “While I did not expect all

    members of the campus

    community to agree with my decision, I am encouraged
    by the amount of

    support this new policy has
    received,” continued Gates in
    his email statement.
    “Because of their

    loyalty to this university, many who
    did not support my decision are nevertheless

    working
    passionately to promote the university’s diversity
    goals. This serves as evidence of

    the strong sense of
    community that permeates this institution.”

    The president’s

    office will be a co-sponsor for a
    planned Diversity Rally on Wednesday at the College
    Station

    campus. The primary sponsor of the rally,
    Faculty Committed to an Inclusive Campus, will

    be
    speaking in favor of affirmative action in admissions.
    The Texas A&M Student Senate has

    announced that it
    will break away from the Diversity rally to hold a
    separate “Rally for Merit”

    at the same time. The
    student representatives do not want to be affiliated
    with any groups

    favoring the consideration of race in
    admissions.

    Today, it is difficult to say how

    public debate might
    have been affected if findings of the 2003 Task Force
    on Admissions had been

    released. The only document to
    seriously address the question of diversity in
    admissions at

    Texas A&M University argued “strongly”
    in favor of “narrowly tailored” considerations

    of
    race.

    Although Gates says he gave the issue a lot of
    thought, no document has

    yet been found which makes
    the studied case for the eventual adoption of
    so-called race-neutral

    admissions.

    Notes:

    The Texas Civil Rights Review will post the

    complete
    email from Gates along with copies of the report from
    the Task Force on Diversity.

    Please check the website
    for updates at:

    http://texascivilrightsreview.org/phpnuke

    Special thanks to Associate Editor Tony Gallucci for
    his help in preparing this

    story.