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The Democratic Strategist

Political Strategy for a Permanent Democratic Majority

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How Should Dems Meet SCOTUS Challenge?

Even under the most optimistic electoral scenarios for ’08, it appears that Democrats will be stuck with an extremely conservative Supreme Court, which will likely invalidate key reforms passed by the Congress. It could be similar in some respects to the frustration FDR experienced when hidebound SCOTUS reactionaries gutted a number of his New Deal reforms.
It’s actually worse in some respects today than the obstruction FDR confronted (read his “fireside chat” on the topic here). Six of nine SCOTUS justices FDR faced were over the age of 70. His efforts to “pack the court” failed, but, before too long the elderly SCOTUS justices were retired and Roosevelt appointed more liberal justices.
Today, however, the conservative majority is much younger, and will likely be around for decades. Some of them may become more moderate over time, but it would be a mistake to count on it.
Emily Bazelon’s SLATE article “Throw Restraint to the Wind” discusses the possibilities for changing the prevailing SCOTUS philosophy, but the article doesn’t really deal directly with the promise suggested by her subtitle: “And other ways for the legal left to rein in the Roberts Court.” Bazelon points out that the upcoming American Constitutional Society and the Yearly Kos Convention will address the future of the Supreme Court and she kicks around the idea circulating among some liberal scholars and legal writers that progressives should now take back the philosophy of ‘legal restraint’ and make it their own. In any case it’s hard to imagine Roberts, Alito, Scalia, Thomas and Kennedy being much influenced by such a trend.
Bazelon also notes that even the “liberals” on today’s court are more like moderates. As Cass Sunstein, quoted by Bazelon put it “Something has gone badly wrong if the Court has a strong right-wing without any real left.” It is a High Court without liberal firebrands like Douglas, Brennan or Marshall.
Supreme Court Justices can be impeached by Congress, but none have ever been convicted and removed.
All of which leads one to wonder whether enlarging the court with just two more justices to restore some balance might be an idea that could fly, should Dems win the presidency and a filibuster-proof majority of congress. As Jean Edward Smith, author of “FDR,” points out in a NYT op-ed today, there is no constitutional provision for any precise number number of Supreme Court justices — It’s up to the Congress. Nothing particularly sacred about the number 9 — Congress has enacted laws establishing 5, 6, 7 and 10 Supreme Court justices in U.S. history. As FDR explained in his aforementioned ‘fireside chat,’

The number of justices has been changed several times before, in the administrations of John Adams and Thomas Jefferson – both of them signers of the Declaration of Independence – in the administrations of Andrew Jackson, Abraham Lincoln, and Ulysses S. Grant.

Of course there would be much whining, weeping and gnashing of teeth on the right and some opposition from ossified traditionalists. There would be a lot of belly-aching about “packing the court.” But if they want to invoke memory of FDR, a Democrat who knew how to win a war, save a devasted economy and provide hope for the nation and world, bring it on. Yes, it would take a huge fight to get it done. But, if the alternative is getting progressive legislation stuffed by Roberts and Co. time and again, where’s the downside?


‘Class Warfare’…Neocon Style

Opinion polls have indicated for a while now that increasing numbers of Republicans have soured on the U.S. role in the Iraq war (see for example TDS’s post here). Among GOP activists, however — especially young Republicans who have been indoctrinated by the neocons who started this mess — it’s a different story. Max Blumenthal ventures into the College Republican National Convention, overlooking Arlington National Cemetery no less, to videotape their testimony in support of the Iraq disaster. You can not only read about it, but watch the video clip at Blumenthal’s HuffPo post “Generation Chickenhawk: the Unauthorized College Republican Convention Tour.” Blumenthal describes the experience thusly:

In conversations with at least twenty College Republicans about the war in Iraq, I listened as they lip-synched discredited cant about “fighting them over there so we don’t have to fight them over here.” Many of the young GOP cadres I met described the so-called “war on terror” as nothing less than the cause of their time.
Yet when I asked these College Republicans why they were not participating in this historical cause, they immediately went into contortions. Asthma. Bad knees from playing catcher in high school. “Medical reasons.” “It’s not for me.” These were some of the excuses College Republicans offered for why they could not fight them “over there.” Like the current Republican leaders who skipped out on Vietnam, the GOP’s next generation would rather cheerlead from the sidelines for the war in Iraq while other, less privileged young men and women fight and die.

Don’t take his word for it. Go to his HuffPo post and see for yourself.


Large Zogby Poll: Public Blames GOP for Major Maladies

Mark Nickolas at davidsirota.com flags a Zogby poll released today that is surely giving GOP leaders a mess of worry. What makes the poll especially interesting is the size of the survey sample, 10,387, which translates into a +/- 1 percent margin of error. As Nickolas lays it out:

– War: 62% blamed Republicans vs. 14% Democrats
– Global Warming: 56% blamed Republicans vs. 10% Democrats
– Prejudice: 52% blamed Republicans vs. 22% for Democrats
– Poverty: 49% held Republicans accountable; 29% Democrats
– Corruption: 47% blamed Republicans vs. 31% Democrats

The only problem the public blamed Dems more for was crime, by a margin of 42 to 23 percent. All in all, “Not exactly the branding the GOP was hoping for as they head into the 2008 presidential and congressional elections,” as Nickolas puts it.


Netroots Eclipsing Nader’s Influence on Dems

Is Ralph Nader over? Or is he still a force for reform? How much damage can he do to Democrats in 2008? Democratic strategists need to give some thought to such questions if Nader runs again.
Todd Gitlin has a thought-provoking L.A. Times op-ed that adds perspective in answering these questions. Gitlin argues that the emergence of the netroots as a strong progressive force inside the Democratic Party has rendered Ralph Nader largely irrelevant. As Gitlin explains:


Dems Prep for GOP Senate Blitz

If there is one safe prediction to be made about the ’08 elections, it is that the Republicans will throw everything they have into ending the Dems’ one-seat majority in the U.S. Senate. You can also bet the ranch that they will spend record amounts of money on attack ads that set a new standard of vicious innuendo and factual distortion. Expect one of the most grueling Senate campaigns ever.
In his RealClearPolitics article “Shifting Populations Will Impact ’08 Senate Races,” Reid Wilson says the hardest-fought Senate campaigns will probably be in Louisiana, where a GOP pick-up is most likely as a result of the Katrina-driven exodus of African Americans and in Colorado, where Dems are favored to add a seat, thanks to a rapid increase in Latinos and California progressives.
It’s early yet to be making numerical predictions. But so far Dems are in good shape to cope with the GOP onslaught to take back the Senate, according to Larry J. Sabato’s latest Crystal Ball round-up. Sabato shares his inside skinny on all the key races, and offers a cautiously optimistic prediction:

The Crystal Ball’s brutal bottom line is that Republicans will be playing much more defense than Democrats, and so the early betting line favors continued, perhaps enhanced, Democratic control of the Senate.

Seems a little conservative, considering the overall tilt of Sabato’s race by race rundown, but we’ll take it. For a more optimistic assessment of the Dems ’08 Senate chances, check out Senate 2008 Guru, who also provides a lot of insider detail.
Let’s be clear, however, that it’s going to take a lot of dough to offset the spending blitz the GOP willl unleash into the Senate campaign. So don’t put all your political contributions into the presidential race. Save a little for a close Senate race, so Dems can hold the line.


How MSM Word Choices Promote Bias

Glenn W. Smith, a Senior Fellow at George Lakoff’s Rockridge Institute, has a post up about the MSM use of the term “firm” to describe President Bush’s refusal to compromise on his Iraq policy. Smith provides examples of recent Grey Lady and WaPo headlines using the terms “firm” and “unbowed” respectively to describe Bush’s rigid Iraq policy.
As Smith explains it:

Why does the national media insist on characterizing President Bush’s refusal to alter his Iraq policy as firmness, rather than stubbornness? Because, in the strict father morality that emphasizes authority and obedience, presidents are strict fathers. They are firm. Only children can be stubborn. Reporters, probably unconscious of the worldview that limits their expressions, simply don’t want to characterize the President with a term like “stubborn,” even when it is more appropriate to the circumstance.
The New York Times headline on July 13 said, “A Firm Bush Tells Congress Not To Dictate War Policy.” The front-page online grabber at the Washington Post’s web site said, “Despite Failures in Iraq, President Holds Firm.” The story headline read, “President Unbowed as Benchmarks Aren’t Met.” Firm, unbowed. Father knows best.
This simple word, “firm,” communicates much more than reporters know. Firmness implies courage, conviction, leadership, while stubbornness means recalcitrance, childishness, refusal to face facts. We are tempted to accuse the media of political bias, and ideological bias often exists. Frequently, however, moral worldviews dominate media thinking without their knowledge. What seems like common sense to reporters is actually the unconscious employment of language that their brain produces reflexively, or without conscious intention.

In all fairness, some headline writers may chose “firm” more because it is a shorter word than some of the less biased alternatives, such as “stubborn,” “inflexible,” “obstinate” or even “rigid,” particularly when a story is formatted in a single, narrow column. Regardless of the intent, however, the effect is the same — distortion. Whether or not you buy into the framologists’ strict daddy/nurturing mommy take, Smith has nailed a serious problem here. When biased terms are used by journalists who are supposed to be even-handed, it shouldn’t be allowed to pass without a vigorous protest.
It’s not just about Bush and Iraq. No doubt federal, state and local Democratic candidates across the nation can recount similar experiences with the MSM’s choice of words that flatter their opponent’s motives, policies and actions in supposedly objective reportage.
Perhaps every Democratic campaign should have a “Truth in Language” squad assigned to raise hell with media that uses biased terminology masquerading as objective reporting. Let repeat offenders be forced to deal with an avalanche of email, faxes and phone call complaints. If that doesn’t work, ask to meet with the editors — whatever it takes to get the MSM to pick their words more carefully.


Why ‘Narrative’ Matters

Ever felt clueless when the pundits carry on about a campaign’s or candidate’s “narrative?” Well, help is on the way, in the form of Paul Waldman’s American Prospect article “The Power of the Campaign Narrative.” Waldman explains the thing with some concrete examples, and, turns out it actually is a helpful concept:

Look at past presidential campaigns, and you see this pattern over and over: the winner tells a coherent, appealing story, while the loser tells a bad story, or more often, no story at all.
Successful presidential candidate stories have three parts. Part one of the story describes the state of the country and its government, clearly defining what is wrong. Part two describes the place the candidate wants to take us, the better day being promised. Part three explains why the candidate is the one and only person who can deliver us from where we are to that better day.

According to Waldman, incumbents use the ‘narrative’ a little differently:

…Successful incumbents use a mirror image of the three-part narrative, presenting the current good times as fragile and tenuous, threatened to be dragged down if the challenger is elected.

One can think of exceptions. Was Nixon’s campaign narrative really all that great? And Waldman’s citing the Bush 2000 campaign is not such a good example for his argument, considering Gore got over a half-million more popular votes. But, on the whole, it does seem like the winners of various presidential campaigns tended to have a more interesting story.
Of course, everyone and every campaign has a story, and some are more inspiring than others. But candidates do need to learn how to tell their stories in the most compelling way. The narrative may not be everything to a campaign, or even the most important thing, but Waldman does show how a good one can provide an advantage.


Closing the Black Voter Turnout Gap

As the Democrats’ most supportive electoral demographic, African Americans have voted close to 90 percent Democratic in recent elections. But the benefit to the Democrats is offset to some extent by the lower turnout rate of African Americans.
Pollster.com‘s Mark Blumenthal reported recently that data compiled by Michael McDonald indicated a non-Hispanic white voter turnout rate of 51.6 percent in 2006, compared to 41.2 percent for Black Non-Hispanic and 32.3 for Hispanic respondents.
However, all groups “over-report” their voting. And a study by Benjamin J. Deufel and Orit Kadar “Race and Turnout in U.S. Elections: Exposing Hidden Effects” found that “African Americans turned out almost 20 percent less than whites in the 1992 and 1996 Presidential elections, almost double what use of self-reported data indicates.”
Even with a 10 to 20 percent lower turnout, African American voters have provided the margin of victory for the Democrats in a number of important elections in recent years. Imagine how Dems could benefit if the gap could be halved.
It’s not hard to imagine a package of initiatives that could help reduce or eliminate the gap. More African American and Hispanic Democratic candidates is an obvious goal that could help close the gap. Certainly Democrats should launch a full-court press to eradicate “caging” and other so-called ‘ballot security’ initiatives used by the GOP to obstruct Black voters.
The Democratic Party should organize an all-out campaign against felon disenfranchisement laws, which have a devastating effect on the African American turnout in states that still deny voting rights to Black citizens who have been convicted of felonies, some even after they have served their time. The Party could also make a point of training candidates of all races to better understand the legislative and policy concerns of Black voters and ways to more effectively share their message with the Black community. Most importantly, Democrats should solicit the ideas of African American and Latino community grass roots activists and leaders for more effective street-level voter education, registration and GOTV programs to increase turnout.
There must be a Party-wide commitment that such a large gap in voter turnout between voters of different races is no longer acceptable. Such a commitment would not only help Democrats — it would strengthen our democracy.


Has GOP Reached High-Water Mark in South?

Valerie Bauerlein’s article “Political Woes Dog Republicans Across the South” in today’s Wall St. Journal should lift the spirits of Democratic candidates. She touches on the Vitter (LA), Ravenel (SC) and Fletcher (KY) scandals and other GOP headaches across the region, and paints a dismal picture for Republicans hoping for new gains in ’08. Bauerlein’s article is subscription only, but Facing South‘s Chris Kromm also has a story on the mostly Republican scandals in the South, with an interesting riff on Vitter’s somewhat redolent support of his larger corporate contributors.
Bauerlein offers this cautious assessment of the GOP’s and Dem’s prospects in the region:

…Republicans look more vulnerable than they have in years to losing ground in the region’s legislatures and statehouses. Though there isn’t any sign of them losing their dominance in the region, the once-formidable “Solid South” coalitions they forged in the 1980s and 1990s to end a century of Democratic dominion have given way to messy schisms and infighting. Today, they look a lot like the bitterly divided Democrats of three decades ago.
Most of those divisions stem from internal rivalries that have developed as the party consolidated power in the region, where they control half of the legislative chambers. Some of the tensions can be ascribed to dueling priorities between legislatures and governors. Others have been caused or exacerbated by personal scandals like the one involving Mr. Ravenel, who has pleaded not guilty to the cocaine charges, but hasn’t made any public statement about them.

But there are some signs that GOP dominance is beginning to fade Even before the latest round of GOP mess, the 2006 elections signaled at least a small reversal of Democratic fortunes. Bauerlein notes that Democrats picked up a net 25 seats in Southern legislative races, their first since ’82, according to the National Conference of State Legislatures.
The GOP’s recent gains notwithstanding, Democrats do have a fairly solid base of elective offices in the South. Democrats currently hold majorities of both houses of the state legislatures in Louisiana, Mississippi, Alabama, Arkansas, North Carolina and West Virginia (and one House in TN and KY), as well as the governorships of Louisiana, Arkansas, North Carolina, Virginia and Tennessee, two U.S. Senate seats in both Arkansas and West Virginia, and one each in Virginia, Florida and Louisiana.
It appears that the red tide that has polluted southern political waters for the last quarter of a century is at long last beginning to recede. If the state and local Democratic parties can seize the opportunity presented by the GOP’s escalating troubles, Dems should be able to build on their ’06 gains in the South.


Needed: More Women Candidates for ’08

A significant increase in women in federal, state and local office ought to be a higher priority for the Democratic Party, both as a matter of justice and as a strategic goal to strengthen the Party. Regardless of Senator Clinton’s ultimate success or failure, much more needs to be done to eliminate the gender gap in America’s political institutions.
According to the Center for American Women and Politics (CAWP), women hold the following percentages of key elective offices in the U.S.: Governors 18 %; U.S. Senators 16 %; House Members 16.1 %; State Legislators 23.5 %.