Politics

Leon Jaworski strikes back

Posted on September 18, 2014. Filed under: Politics, U.S. Constitution, What History is For | Tags: , , , , , , |

Hello and welcome to part 6 of our series on the Watergate Crisis. Last time we described the Saturday Night Massacre, October 20, 1973, in which Nixon attempted to override the Constitution, establish an imperial presidency, and end the Watergate investigation all in one day. His efforts shocked a nation that had up to this point generally believed him when he said he didn’t know anything about the Watergate break-in. Firing the deputy Attorney General who refused to fire the Watergate special prosecutor whom the Attorney General had refused to fire, thus leading to the AG himself being fired, and then finding someone at last to fire the special prosecutor was pretty clear evidence of obstruction of justice on Nixon’s part, and seemed to prove that he was, indeed, involved in a cover-up.

The public was furious, and Nixon’s aggressive refusal to admit any wrongdoing only damned him further in their eyes. At a press conference on November 17, 1973, Nixon made his famous statement that “the American people need to know if their president is a crook. Well, I’m not a crook.” Few were convinced. The new Attorney General Nixon had appointed—Robert Bork, the man who signed the paper he was told to sign to fire Archibald Cox—was forced to appoint a new Watergate special prosecutor to replace Cox. Leon Jaworski took over that role. He was a Washington lawyer who had believed the Nixon was not guilty of any criminal acts; only his advisors were. But after the Massacre, Jaworski was determined to get the full tapes of Nixon’s conversations. Just as Cox had done, he subpoenaed Nixon for the tapes, and once again, Nixon refused on the grounds of executive privilege. He added his assertion that the special prosecutor did not have the authority to sue the President—another attempt to put the president above the law. Knowing Nixon could drag this argument out for months, Jaworski went over his head to the Supreme Court.

In United States v. Nixon, on July 24, 1974, the Court ruled that the special prosecutor did have the right to sue the president, and that a president’s claim of executive privilege is overruled if he has evidence that is clearly pertinent to a criminal trial. The Justices may have been rankled by a statement made earlier in U.S. District Court by Nixon’s attorney James St. Clair: “The president wants me to argue that he is as powerful a monarch as Louis XIV, only four years at a time, and is not subject to the processes of any court in the land except the court of impeachment.”

This is an unbelievably astounding statement. Nixon is not trying to camouflage his intent: he is an absolute monarch while he is in office, and “not subject to the processes of any court in the land”. No wonder St. Clair shamefacedly said “the president wants me to argue” this point. The Court responded to St. Clair’s statement by saying that no president had any claim to “absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances.”

Nixon was forced to give the unedited tapes—all of them—to Jaworski, and the transcripts and some audio were made public.  They revealed a Nixon no one was prepared for: perpetually foul-mouthed, hostile, petty, vengeful, racist, anti-semitic, sexist, and criminal. So many four-letter words had to be bleeped out of the released audio and omitted from the public transcripts with the words “expletive deleted” that that phrase became a bitter joke to Americans, used by comedians to refer to the entire crisis. The “Smoking Gun” tape, in which Nixon talked about stopping the FBI criminal investigation of the break-in six days after it happened, which we cover in part 4 of this series, was released at last, and there was no way for even Nixon to pretend he wasn’t involved in the cover-up. Congress moved as one body to vote for impeachment, and there was only one thing left for Nixon to do: resign.

Next time: the dishonest end of a dishonest road

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The Saturday Night Massacre

Posted on September 12, 2014. Filed under: Politics, U.S. Constitution, What History is For | Tags: , , , , , , , |

It’s post 5 in our series on the Watergate crisis, and here we come to the most shocking part of the entire event, which is the Saturday Night Massacre of October 20, 1973. We left off last time with the forced resignations and false confessions of Haldeman and Ehrlichman, and the firing of John Dean for deciding he would tell all he knew to the Senate Watergate Committee. Bear in mind that Dean knew that the original break-in had been carried out by CREEP and approved by former Attorney General John Mitchell, and he knew that the president had ordered evidence to be destroyed and people to be paid off to keep quiet, but he did not know that Nixon had tried to stop the FBI investigation. No one but Nixon, Haldeman, and Ehrlichman knew that. The only way anyone else could find that out was if they listened to the secret tape recordings Nixon made of all of his conversations, including the one we mentioned last time from June 23, 1972—six days after the break-in—in which Nixon told Haldeman to have the CIA director, Richard Helms, call the head of the FBI, Patrick Gray, and tell him to “stay the hell out of this” in the name of national security. Luckily, only a handful of men in Nixon’s administration knew about the tapes. Unluckily for Nixon, one of them told all he knew to the Senate Watergate Committee, on live national TV.

On Friday the 13th, July 1973, White House assistant Alexander Butterfield was asked if there was any type of recording system used in the White House. After some prodding, Butterfield said there was, and that it automatically recorded every word spoken in the Oval Office, Cabinet Room, and Nixon’s private office. Three days later, after the weekend break, Butterfield reiterated this claim. Watergate special prosecutor Archibald Cox subpoenaed Nixon for these tapes. He wanted to listen to them and see if they showed that the president ordered the break-in, had tried to cover it up, or just knew about it. Nixon refused, citing executive privilege and again saying that national security would be damaged if the tapes were made public. Cox said he would only make public information relating to Watergate; if there was none, no part of the tapes would be made public. Nixon still refused and ordered Cox to rescind the subpoena, which Cox refused to do. On Friday, Nixon offered a compromise: he would allow Mississippi Senator John Stennis to listen to the tapes and write a summary of their contents. Cox refused. He did not trust Nixon to give Stennis access to tapes that would incriminate himself. The subpoena stood.

Now the events unfolded that would be called the Saturday Night Massacre, events which threatened the very basis of constitutional law in the U.S. It’s hard to believe that finding out that the president had tried to obstruct a criminal investigation to protect the criminals could be overshadowed by any other of his actions, but what Nixon ordered on Saturday, October 20, 1973 surpasses even that obstruction of justice in its seriousness.

That morning, Nixon told his chief of staff Alexander Haig to call his new Attorney General, Elliot Richardson, and tell him to fire Cox. Richardson had just been appointed as Attorney General by Nixon in April after the “resignation” of John Dean. A few days earlier, on Thursday, Richardson had met with Nixon and learned that he wanted Cox fired if he wouldn’t accept the Stennis compromise. Richardson told the president he felt sure Cox would accept it, but left the meeting already resolved to resign if Cox didn’t. He knew that Nixon would ask him to fire Cox because only Richardson could: as Attorney General, he had appointed Cox as special prosecutor, and only he could fire him. Richardson did not believe the refusal to accept the Stennis compromise was grounds to fire Cox, but Nixon did. After that Thursday meeting, he told Haig “No more tapes, no more documents, nothing more! I want an order from me to Elliot to Cox to that effect now.”

When Haig called Richardson at 7.00 on Friday night to tell him to fire Cox, Richardson refused, saying he would resign instead. As this was happening, Cox (unaware of this call) issued a statement to the press just in time for the evening deadline saying that the president was refusing to comply with a court order “in violation of the promises which the Attorney General made to the Senate” that the Watergate break-in would be investigated thoroughly. Cox’s statement was front-page on Saturday morning, and he was planning to hold a press conference at 1.00. Richardson phoned Cox to tell him what had happened. At the press conference, Cox reminded reporters that only the Attorney General could fire him. Meanwhile, Haig phoned Richardson again and ordered him to fire Cox; Richardson refused. Knowing what would happen next, Richardson met with his Deputy Attorney General, William Ruckelshaus, and told him that he, Ruckelshaus, would be asked to fire Cox once Richardson’s resignation was made public. Ruckelshaus said he would not do it and that he, too, would resign.

Nixon summoned Richardson to his office and told him that if he didn’t fire Cox, Nixon couldn’t meet with the Soviet Premier to work out a solution to the crisis in the Middle East because Brezhnev wouldn’t respect a man who was being publicly defied by a subordinate. Again Richardson refused, and Nixon said “I’m sorry that you insist on putting your personal commitments ahead of the public interest.” Richardson resigned. As Richardson left, Haig was on the phone to Ruckelshaus, telling him to fire Cox. When he balked, Haig barked “Your commander in chief has given you an order! You have no alternative.” Undaunted, Ruckelshaus replied, “Except to resign”, which he did. Finally, Nixon sent a limousine to pick up Solicitor General Robert Bork from his home and bring him to the White House. There, Nixon told him to fire Cox. He had a letter of dismissal ready, waiting for Bork’s signature. Intimidated, Bork signed it. Nixon told him, “You’ve got guts.”

At 8.25 that evening, White House press secretary Ron Ziegler held a press conference announcing the resignations of Richardson and Ruckelshaus and the firing of Cox, saying “the office of the Watergate Special Prosecution Force has been abolished as of approximately 8 PM tonight.”

The nation was shocked. The way they experienced it, they woke up to read Cox’s claim that the president was refusing to obey a court order. Then they watched his press conference at 1.00 PM where he outlined his rightful claim for the tapes. Then they heard an 8.25 PM press conference saying that Cox, Richardson, and Ruckelshaus were all fired, and that the president had declared the Watergate investigation over. It was abundantly clear that Nixon had eliminated three men whom he was afraid of—what was he afraid of? What did he think they would discover if they had the tapes? And more importantly, would the president’s illegal, unconstitutional firing of the special prosecutor be allowed to stand? was the president above the law? Could he do whatever he wanted, no matter what? As commander in chief, if he committed a crime, did the American people “have no alternative” but to let him do it, and to quietly accept an imperial presidency?

The name “Saturday Night Massacre” may seem overdone—like the “Boston Massacre”, in which only five people died. But what was being massacred was the Constitution, separation of powers, and the rule of law that said that in the U.S. no one, no matter their position, is above the law. The coverage on the news that night reiterated this perception of danger:

John Chancellor, NBC News: Good evening. The country tonight is in the midst of what may be the most serious Constitutional crisis in its history. The President has fired the special Watergate prosecutor, Archibald Cox. Because of the President’s action, the attorney general has resigned. Elliott Richardson has quit, saying he cannot carry out Mr. Nixon’s instructions. Richardson’s deputy, William Ruckelshaus, has been fired.

Ruckelshaus refused, in a moment of Constitutional drama, to obey a presidential order to fire the special Watergate prosecutor. And half an hour after the special Watergate prosecutor had been fired, agents of the FBI, acting at the direction of the White House, sealed off the offices of the special prosecutor, the offices of the attorney general and the offices of the deputy attorney general.

All of this adds up to a totally unprecedented situation, a grave and profound crisis in which the President has set himself against his own attorney general and the Department of Justice. Nothing like this has ever happened before.

Nothing like this had ever happened before. Nixon had thrown down a gauntlet to the nation: you must accept my power to live above the law. I will not be questioned. How would the nation react?

Next time: the backlash of justice

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The money trail and the “Smoking Gun”

Posted on September 4, 2014. Filed under: Politics, U.S. Constitution, What History is For | Tags: , , , , , , |

In part 4 of our series on the Watergate crisis, we look at the deepening cover-up orchestrated by Nixon. Election day 1972, the day he had been planning for since 1968, came just after the FBI announced that the break-in at DNC headquarters was just one of a slew of illegal actions taken by CRP to spy on the Democrats. But Nixon won re-election in a landslide, because most Americans in November 1972 believed that the president had no connection with the break-in. Nixon might have been an uptight, old-fashioned, awkward war-hawk, but he wasn’t someone who would hire some half-baked military rejects (as the Burglars were perceived at the time) to break into Democratic offices. The whole burglary was so amateurish and pathetic that few people believed that Nixon—Tricky Dick, the man who was always one step ahead—could have had anything to do with it.

But Nixon had everything to do with it. In 1974, one of his conversations with Haldeman, held 6 days after the break-in, would be revealed to the nation. We’re indebted to Watergate.info for this transcript of the conversation; go there to read the whole excerpt. For now, here are the most damning parts of it (with repeated words and “uhs” taken out):

Haldeman: Now, on the investigation, you know, the Democratic break-in thing, we’re back to the problem area because the FBI is not under control, because [FBI Director Patrick] Gray doesn’t exactly know how to control them, and their investigation is now leading into some productive areas, because they’ve been able to trace the money, not through the money itself, but through the bank, you know, sources – the banker himself. And it goes in some directions we don’t want it to go. …the way to handle this now is for us to have [Deputy CIA Director Vernon] Walters call Pat Gray and just say, “Stay the hell out of this…this is business here we don’t want you to go any further on it.” That’s not an unusual development…

Nixon:  Uh huh.

Haldeman:   …and that would take care of it.

What we’ve heard so far is Haldeman saying he will tell the deputy director of the CIA to tell the director of the FBI to stop investigating a crime—the Watergate break-in. Remarkably, Haldeman ends by saying this is not unusual. Even more remarkably, Nixon agrees.

Nixon:  What about Pat Gray, ah, you mean he doesn’t want to?

Haldeman:  Pat does want to. He doesn’t know how to, and he doesn’t have any basis for doing it. Given this, he will then have the basis.

Nixon: Yeah.

Haldeman:  …And the proposal would be that Ehrlichman and I call them in—

Nixon:  All right, fine. …I mean, well, we protected [CIA director Richard] Helms from one hell of a lot of things.

According to Haldeman, Gray wants to help in the cover-up, but doesn’t know how to remove his agency from the case without raising suspicions. Word from the White House will allow him to say it is on the basis of national security. Nixon makes the alarming claim that Richard Helms owes him for the protection Nixon has given him in the past from “one hell of a lot of things.”

Nixon:  Of course, this is a hunt that will uncover a lot of things. You open that scab there’s a hell of a lot of things and that we just feel that it would be very detrimental to have this thing go any further. …what the hell did [former Attorney General John] Mitchell know about this thing?

Haldeman:  I don‘t think he knew the details, but I think he knew.

Nixon:  You call them [Walters and Helms] in. Good. Good deal! Play it tough. That’s the way they play it and that’s the way we are going to play it.

Haldeman:  O.K. We’ll do it.

So as soon as he found out about the CRP connection to the break-in, Nixon was working not only to cover it up but to stop the FBI investigation completely. His certainty that a) Gray was completely on board with obstruction of justice; b) the head of the CIA Helms would do Nixon’s bidding because of the “things” he had done; and that c) obstructing justice was a minor thing is shocking. This was the “tough” Nixon that most Americans thought was too smart to get involved in something as sloppy and dangerous as the Watergate break-in.

But despite this assurance, the FBI continued its investigation into how CRP money had gotten in the burglars’ bank accounts. FBI director Gray pushed back when he was ordered to lay off in the name of national security, not buying the argument that somehow the burglars were connected with an attempt to overthrow Fidel Castro. Gray’s resolve led Vernon Walters to back down, and what should have been the removal of the FBI from the case, and the disappearance of Watergate from the public eye, turned into only a few days’ delay.

By March 1973, Nixon had come up with a new plan to get Watergate off his back. He would have Haldeman, Ehrlichman, and Dean take the blame for the break-in and resign. The tie to the White House would be explained, Nixon would not be implicated, and the scandal would die. Haldeman and Ehrlichman were willing to go along. But John Dean was not. He did not realize how deeply Nixon was involved with the cover-up, and he had a meeting with the president in March in which he said that the bribes he was paying to the burglars and others to keep them quiet, and the documents he had destroyed, were obstruction of justice. Famously, Dean described Watergate as “a cancer on the presidency.” We know all that he said because the conversation was taped, and revealed to the nation in August 1974. (Dean had the strange feeling that he was being recorded at the time. Nixon kept asking him to repeat things in full sentences.) Nixon told Dean to keep making the payments, and Dean refused, saying he was going to testify about all of his actions to the Senate Watergate committee. Nixon told him to do what he had to do, and fired him a few days later.

On April 20, Haldeman and Ehrlichman resigned. They were tried and convicted and given prison sentences. Nixon claimed that Dean had resigned, too. He then announced that he had appointed a new Attorney General to replace John Mitchell: Elliot Richardson.

Next time: Elliot Richardson’s wild ride

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What was Watergate?

Posted on August 14, 2014. Filed under: Politics, U.S. Constitution, What History is For | Tags: , , , , |

Hello and welcome to the second post in our series on the Watergate crisis. It was 40 years ago that this shocking series of events took place, and it’s amazing how little most people know about it. Watergate may have been the greatest challenge to our democracy in our entire history, because it was an attempt by a president and his advisors to undermine, and even overthrow, checks and balances of power between the three branches of government, judicial review, and equal protection under the law. No president that we know of had ever before, or has ever since, committed himself and his closest advisors to actual crimes: robbery, intimidation, blackmail, attempted murder. These were all things that President Nixon either ordered his men to do, or mapped out a plan for. It took all the accumulated power of our democratic system to stop this metamorphosis into dictatorship, and one crucial event was so terrible it was called the Saturday Night Massacre, and yet—few Americans today know what that was, or any of the main events, let alone the details and motives behind those events, that made up Watergate. Unfortunately, all that lives on of that crises are: a paradoxical, cruelly unwarranted, deeply heart-breaking lack of faith in our government on the part of Americans; and the suffix “-gate”, which we apply now to all sorts of idiotic pseudo “scandals”. We call Watergate a crisis, not a scandal, because it threatened the very basis of democratic government in this country, which goes beyond the minor thrill of shock and titillated interest that defines a scandal.

We will bring Watergate back in this series, because it was a forceful attack on our democratic system that was even more forcefully beaten back by Americans who understood that system and were willing to fight for it. Let’s go through the events in the crisis as they happened.

It all started in January 1972, when Gordon Liddy, leader of the Committee for the Re-Election of the President, came up with a plan to cripple the Democratic Party’s presidential campaign that year by spying on their headquarters, stealing documents, threatening members of the Democratic National Committee, and more. Winning the 1972 was beyond crucial to President Nixon. He was determined to win re-election, mainly so that he could continue the Vietnam War (which he believed the U.S. could win under his leadership) and continue his efforts to reach out to Communist China. Nixon also felt it was crucially important that a moderate Republican hold office for two terms to break the Democratic stranglehold on the presidency: since 1933, there had only been two Republican presidents, Dwight Eisenhower and himself. So the Committee for the Re-Election of the President was not some minor group of volunteers working in a basement office. Nixon was personally involved in their work.

One thing that has lingered in the public memory is that name: the Committee for the Re-Election of the President. It was known as the CRP in the Nixon administration, but once the Watergate crisis began to break, and public opinion turned against Nixon, it was popularly referred to as CREEP.

Liddy presented his criminal plan to the CRP’s chairman, Jeb Magruder, U.S. Attorney General John Mitchell, and Presidential Counsel John Dean (the president’s personal lawyer). That Liddy felt no qualms about suggesting illegal activities to two federal lawyers—one the nation’s top lawyer and the other the president’s top lawyer—is telling about the atmosphere in the Nixon Administration. It was clear to Liddy that Nixon would not disapprove of illegal activities in the name of winning the election. Attorney General Mitchell reviewed the plan and rejected it as too complicated, but two months later he approved a revised version that involved CRP members breaking into the Democratic National Committee’s (DNC) headquarters at the Watergate Hotel in Washington, DC. The men would bug the phones, so that all phone calls would be recorded and listened to by CRP, and then copy any important documents they found that revealed the Democratic strategy for winning the election. The men for the job were Liddy and two former CIA officials, Howard Hunt and James McCord. At this point, Mitchell resigned as Attorney General to take the job of Chairman of the CRP.

The “burglars”, as they came to be known, were not talented secret agents. They got into the DNC offices at the Watergate, and tapped the phones, but were unable to find any documents with important information. They broke in two more times looking for data, and on the third trip in, they were caught by a security guard. Frank Wills was working the overnight shift on June 17 when he saw masking tape covering the latches in a door (so the door would close but not lock). He took the tape off. An hour later, he came back and found the door had been re-taped. Wills called the police, and the burglars were caught red-handed in the DNC offices. Hunt, McCord, and three other men hired for the job were charged with attempted burglary and wiretapping. On September 15, they were indicted by a grand jury, as was Liddy, for conspiracy, burglary, and violating federal wiretapping laws. Judge John Sirica was the man who oversaw the grand jury, and he convicted the five men on January 30, 1973.

That is the description of the Watergate break-in that began the crisis. We see that there was already a crisis in the Nixon Administration, even before the break-in(s) took place, in that it was committed to a by-any-means-necessary election strategy that condoned criminal activity in the name of re-election. Whether Nixon knew about the break-in before it happened remained a question for many years; it seems clear now that he did not know in advance. But his men were sure he would not disapprove. They did not tell him about the break-in beforehand simply because they didn’t think they needed to—they felt sure it would have his approval. The HBO documentary “Nixon on Nixon: In His Own Words” that is airing now is powerful proof of this. By playing some of the thousands of hours of recordings made of Nixon talking to his advisors and other people, it shows that Nixon was constantly urging his men to commit crimes to stop people he considered to be his enemies, long before Watergate. He ordered his men to break into the Brookings Institute, a Washington think tank which he considered too liberal, and commanded that they blow up the safe there and destroy its contents. When Senator Edward Kennedy requested Secret Service protection because of death threats, Nixon tells his advisor to get Kennedy two men who will spy on him and find some scandalous information that Nixon can use to ruin Kennedy’s career. The advisor replies instantly that he has a Secret Service agent who has pledged to do anything for him, including committing murder, if he is asked. Nixon approves this man as Kennedy’s bodyguard, saying “Good, good” when he hears about the man’s willingness to kill for the president. If murder was okay, mere robbery and wiretapping were nothing at all.

We’ll end this installment by clarifying something that, like so many features of this crisis, was once common knowledge but is now mostly lost. Presidents before Nixon had sometimes tape-recorded their conversations in the Oval Office, but he was the first to record all conversations—phone calls and face-to-face. He only told three men in his administration about this. Everyone else was unaware that they were being recorded. These tapes would be discovered during the Watergate investigation, and used to prove Nixon’s involvement in criminal activity, as well as his overall coarseness, bigotry, racism, and aggression, all of which shocked the nation. Nixon used so many four-letter words that had to be bleeped out that the transcripts of the tapes read “expletive deleted” wherever they appeared, and this became a bitter catch-phrase Americans used at the time to describe the president’s overall negative and hateful agenda.

Next time, we’ll explore the shift from minor burglary to major investigation that was Watergate.

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Watergate Recap by the Colbert Report

Posted on August 6, 2014. Filed under: Politics, U.S. Constitution, What History is For | Tags: , , |

It’s the 40th anniversary in 2014 of the end of the Watergate investigation, and a good broad outline of what happened is available from a not-completely unexpected source: Stephen Colbert and the writers of the Colbert Report. Everyone, by now, knows the premise of this show is that Colbert is an extreme right-wing commentator, and so would be supportive of Nixon to the end. But as usual, real historical facts are presented clearly and briskly, and Colbert’s cartoonishly neo-con interpretations do not detract from what the average viewer can learn about the topic at hand. 

We’ll begin our series on Watergate by linking you to the Colbert Report’s “A Nation Betrayed—A Fond Look Back: ’74”. Enjoy!

 

Next time, we enter the world of the Watergate break-in that started the crisis.

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The Pledge of allegiance at 60

Posted on July 24, 2014. Filed under: American history, Politics, What History is For | Tags: , , |

The Pledge of Allegiance is actually older than 60; it was written in 1892 by Francis Bellamy, a minister and social reformer who was given the assignment by Daniel Sharp Ford, editor of the magazine Youth’s Companion, published in Boston. The year before, in 1891, the magazine had sponsored a campaign to sell American flags to public schools so each classroom could have one; in 1892, as part of the myriad celebrations and memorializations of the 400th anniversary of Columbus’ arrival in the Americas, Youth’s Companion wanted to provide a salute to those flags that could be used in the classroom.

As a minister, socialist, and reformer, Bellamy wanted the pledge to focus a new generation of Americans on social justice and economic equality of opportunity. He wrote this short text:

I pledge allegiance to my flag and to the republic for which it stands, one nation indivisible, with liberty and justice for all.

This pledge, quickly titled “The Pledge of Allegiance”, was immediately popular, and began to be used in schools across the country. In 1923, in fears that immigrants would think that “my flag” meant the flag of their country of origin, new text was added over Bellamy’s objections:

I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation indivisible, with liberty and justice for all.

You can see Bellamy’s point: if you say “the flag of the United States of America”, then adding “the republic for which it stands” is unnecessarily redundant. When you just said “the flag”, then you had to specify the American republic for which it stood. But that was the least of the changes to Bellamy’s pledge.

Before the text was changed, the manner of reciting it was revised. Originally, one was supposed to recite the pledge in this posture:

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This was called the “Bellamy Salute”. By the early 1930s, it was uncomfortably like the Nazi salute, and although it took awhile—1942 to be exact—the federal government finally issued the directive to place one’s right hand over one’s heart when saying the Pledge, rather than extend it in a by-now fascist gesture.

In 1954, the final change came, and that’s what we comment on today: 2014 is the 60th anniversary of the addition of “under God” to the Pledge. The Catholic organization Knights of Columbus led a petition to add these words to the Pledge during the Cold War, to differentiate the U.S. from godless Communist nations, and President Eisenhower signed the measure, saying “In this way we are reaffirming the transcendence of religious faith in America’s heritage and future; in this way we shall constantly strengthen those spiritual weapons which forever will be our country’s most powerful resource in peace and war.”

So now the pledge reads

I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

This is the version most Americans know today; it’s how we at the HP grew up reciting it. In fact, few know or would believe that “under God” wasn’t always in the Pledge. But it’s a sad anniversary, we think; adding “under God” as a “spiritual weapon” seems incongruous, and to insert religious faith into a statement of loyalty to the U.S. goes against the principles of its founding documents. The Pledge has often been mis-used since September 11th as a loyalty test: anyone who won’t recite it or has qualms with its use in public schools is a traitor. But the Founders strictly and explicitly forbid loyalty tests in the U.S. If you were born here or were naturalized as a citizen, you are a citizen, and you cannot be forced to “prove” your loyalty on pain of losing privileges, goods, or your life.

So we like to recite the first revised Pledge, which is about upholding the founding principles of this nation: We pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation indivisible with liberty and justice for all. Of course, we don’t force anyone else to do it our way—that would be un-American.

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The Washington Redskins–no more?

Posted on June 19, 2014. Filed under: Civil Rights, Economics, Politics | Tags: , , , |

The U.S. Patent and Trademark Office has ruled (we think that’s the word) that Washington, DC’s NFL team, the Redskins, can no longer trademark that name, saying: “the term ‘Redskins’ was disparaging of Native Americans, when used in relation to professional football services”. Five Native Americans brought the case to the Patent Office saying the name is disparaging. The upshot is that the team can no longer control who uses the name or profit from its use. (The image of the “redskin” that goes along with the name is still, somehow, protected.)

The team’s owners are contesting this, and will appeal; in fact, this decision seems to have been made before and overturned by a federal district court. So there is a chance that the name will go on, and continue making money for the team.

The list of team names, from professional sports to high school, that use Native American references is very long. “Indians” is a name used by hundreds of school teams; “Chiefs” and “Braves” are second in popularity. In most cases, it seems clear that the name was chosen to represent the team’s strength and fearlessness, and was considered a shout-out to the Native Americans who possessed those qualities. Usually the image that represented the team was a chieftain in full feather headdress, or a “brave” with one feather. On the high school level, the image was usually neutral; it’s at the college and professional level that they are uniformly racist (one notes the Cleveland Indians image and the (now defunct) Philadelphia Warriors image in particular).

In the case of the Washington team, its owners have leaned heavily on the historical defense: any name that’s 80 years old must be innocent. This is an oft-used argument that we cannot make sense of. There are many words that have been around a long time that are slurs. In 1890, Webster’s dictionary listed “redskin” as a “contemptuous” term for Native Americans. That predates the team choosing it as its name. But the league is standing by it: Adolpho Birch, the NFL’s senior vice president of labor policy and government affairs, said the name is not a slur:

“The team name is the team name as it has been for 80-plus years. And what we need to do is get beyond sort of understanding this as a point-blank situation and understand it more as a variety of perspectives that all need to be addressed, that all need to be given some weight, so that at the end of it we can come to some understanding that is appropriate and reflects the opinions of all. I think that is part of the issue with the question is that it is constantly being sort of put into a point-blank, yes-or-no, yes-or-no kind of context when that’s not the reality of the situation that we’re dealing with.”

Often here at the HP we present a block quote and break it down through analysis. We’ve done it for George Washington and William Jennings Bryan. Now we will attempt to do it for Adolpho Birch:

“The team name is the team name as it has been for 80-plus years.”

—If something is old, it can’t be racist. People in olden times were not racist.

“And what we need to do is get beyond sort of understanding this as a point-blank situation and understand it more as a variety of perspectives that all need to be addressed, that all need to be given some weight, so that at the end of it we can come to some understanding that is appropriate and reflects the opinions of all.”

—Instead of the name being… black and white, as it were, it is a complex issue where everyone’s opinion has equal weight and a solution exists that will please and reflect the wishes of everyone, even if they are diametrically opposed.

“I think that is part of the issue with the question is that it is constantly being sort of put into a point-blank, yes-or-no, yes-or-no kind of context when that’s not the reality of the situation that we’re dealing with.”

—The question of the name is an issue that is usually described as dichotomous, dichotomous, dichotomous when that’s not realistic.

We can see that our analysis makes good sense of Birch’s sputtering and panicky nonsense. The answer to “is that name racist” cannot be “yes” or “no”. That’s too point-blank. Reality is that nothing is ever clear, even to people who are clear that the name offends them. In “reality”, the only virtue of Birch’s “argument” is that it puts the onus of the racism on us, the public who have sat back and accepted the racist team name for so long. For 80 years, the team was allowed to perpetrate racism, and that’s not just the team’s fault.

So it can only be hoped that a district court does not overturn this latest ruling, and that a point-blank rebuke to the league’s and the team’s “complex” defense of a “contextual” racial slur is taken down.

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The American Promise of Johnson’s We Shall Overcome speech

Posted on May 1, 2014. Filed under: Civil Rights, Politics, U.S. Constitution | Tags: , , |

As we enter part 6, the last post in our series on President Lyndon Johnson’s March 1965 “We Shall Overcome” speech, we look at the context of the speech—how it was made, delivered, and received.

President Johnson had not planned to give the speech at all; he was sending his Voting Rights Act bill to Congress and usually when presidents send a bill to Congress they attach a brief message to it and that’s all. Few presidents will make a public speech to Congress urging the passage of a pending bill because a) members of Congress don’t like being pressured publicly to pass things, and b) if the bill is not passed, then the president loses some clout. But at the last moment—the day before the speech was given—Johnson decided this particular bill needed more than a note. We have applauded speechwriter Richard Goodwin for drafting the We Shall Overcome speech in record time, working overnight on the 14th/15th, with Johnson’s direct order to use “every ounce of moral persuasion the Presidency had… with no hedging, no equivocation”. Goodwin delivered on that request. The actual title of the speech was “The American Promise”, but like so many things in U.S. history and culture it became known by a different name—Johnson’s use of the dynamic civil rights promise “We Shall Overcome” destined the speech to be known by that name.

The genius of the speech, and of Johnson’s delivery, lies in its ability to make voting rights for black Americans personal for all Americans. As Americans, they inherited a mission, and if they refused to carry out that mission, they were betraying their country. This was at the very start of some public doubt about the nation’s involvement in Vietnam, when calling on people to fight for their country was beginning to ring hollow, but here was a forum where everyone could be on board—or, at least refusing to get on board was much more difficult. If Americans weren’t sure they were fighting for liberty and justice in Vietnam, they could be very sure they were fighting for it at home, in the form of voting equality. This was a goal that suited both the radical agenda of social revolutionaries and the more square patriotic agenda of their elders. It even made “summoning into convocation all the majesty of this great government” (not something many average Americans, let alone hippies, could have said without blushing) seem not only necessary, but just and commendable and faith-inspiring.

By calling on the nation to fulfill its covenant with God and man, Johnson made passive acceptance of racial discrimination impossible and a kind of passive action to end it possible: that is, Southern Congressmen who did not want to vote for civil rights legislation could do it with the excuse to their constituents that the president had made it impossible not to, that the tide had turned, and that everyone was going to have to find a new way of getting around. No one likes it, they might say, but that’s how it has to be now. Appealing to the ideal of America itself, rather than existing constitutional amendments that some might say should be overturned, forced opponents of civil rights into the untenable position of arguing against America itself, of betraying the nation’s identity, of being un-American.

Reaction to the speech was very positive and action was swift. As Garth Pauley puts it in his book LBJ’s America: the 1965 Voting Rights Address:

In their coverage of his speech, many journalists lauded the president for invoking and affirming “the most sacred and deeply held convictions of a nation,” which brought “the present chapter of the struggle for human rights into proper perspective.” Citizens echoed these sentiments in their letters and telegrams to the White House. And when editorialists urged swift passage of the president’s bill, their appeals employed the language of Johnson’s narrative: The New York Times even suggested passage was a foregone conclusion because a “people that has responded unflinchingly to every trial of national purpose . . . will not fail this test.” Moreover, following President Johnson’s speech, members of Congress deliberated voting rights legislation using the language of America’s destiny, promise, and purpose. Senators and congressmen claimed that the nation must “make good on its promise… [to] fulfill the revolutionary dream of freedom and equality for all Americans” by “passing a bill which [sic] fully insures that every American… has the right to vote”—which will represent a step “along this nation’s honored march toward further fulfillment of our traditional goals of equal opportunity and equal treatment.” Congress indeed passed the final voting rights bill less than five months after Johnson’s speech. The president signed the Voting Rights Act of 1965 into law on August 6, emphasizing at the signing ceremony that America had righted a historical wrong, enacted its sacred principles, confirmed its promise, and now would endeavor to “fulfill the rights that we now secure.”

Pauley goes on to speculate about the ability of a president today to refer to and rely on a shared moral high ground in America to gather support for a bill, and it’s a thoughtful note to end this series on:

Finding a shared moral language out of which a president can fashion a persuasive appeal is difficult. President Johnson effectively grounded his appeals in a potent narrative that focused on public morality–his listeners’ civic duty to keep and fulfill the sacred American Promise. But as the citizenry continues to become more religiously and culturally diverse, less schooled in the narratives of the nation’s history, more aware of how such narratives can be used to justify depraved causes as well as honorable ones, and perhaps less influenced by the moral authority of the presidency, presidents may find it especially tricky to build moral consensus through oratory. Consider this problem from a perspective afforded by studying Johnson’s speech. He used oratory to help secure the significant public good of equal voting rights, primarily by appealing to the American Promise–of which the Constitution is one expression–rather than the Constitution itself. But could Johnson have crafted such a stirring, persuasive appeal on the basis of constitutional guarantees alone? Would his listeners have found it as moving, meaningful, and motivational? Would we find it as eloquent today?

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“You never forget what poverty and hatred can do”: Johnson’s “We Shall Overcome” speech

Posted on April 23, 2014. Filed under: Civil Rights, Politics, U.S. Constitution | Tags: , , , , |

Hello and welcome to part 5 of our series on President Lyndon Johnson’s March 1965 “We Shall Overcome” speech, a clarion call for voting equality in the U.S. We wrap up the speech itself here, which embraces the general and the very personally specific in its range:

[UNDER THE HEADING "RIGHTS MUST BE RESPONSIBILITIES"]

“The bill that I am presenting to you will be known as a civil rights bill. But, in a larger sense, most of the program I am recommending is a civil rights program. Its object is to open the city of hope to all people of all races.

Because all Americans just must have the right to vote. And we are going to give them that right.”

—The return to simple language here after the impressive rhetoric of the midpoint of the speech is in itself powerful, because it is the gateway to President Johnson speaking about his personal experience with race. It also makes a simple point simply: All Americans just must have the right to vote. It’s hard to argue with an idea so simple and so just.

“All Americans must have the privileges of citizenship regardless of race. And they are going to have those privileges of citizenship regardless of race. But I would like to caution you and remind you that to exercise these privileges takes much more than just legal right. It requires a trained mind and a healthy body. It requires a decent home, and the chance to find a job, and the opportunity to escape from the clutches of poverty. Of course, people cannot contribute to the Nation if they are never taught to read or write, if their bodies are stunted from hunger, if their sickness goes untended, if their life is spent in hopeless poverty just drawing a welfare check.

So we want to open the gates to opportunity. But we are also going to give all our people, black and white, the help that they need to walk through those gates.”

—Johnson had just won a landslide election in November 1964, and in January 1965 (two months before the We Shall Overcome speech), Johnson gave his State of the Union address outlining his Great Society program, which would comprehensively reform civil rights in this nation. The Voting Rights Act of 1965 was the first plank in the Great Society, the “program I am recommending”, and so we see Johnson not only pushing hard on voting rights, but saying it is only the first part of a huge, long-term, thoroughgoing, exhaustive process of national change. It’s unusual to end a major speech with a major add-on to the topic you have been speaking on, but Johnson wanted the nation to be prepared for the other changes he would be introducing in 1965.

[UNDER THE HEADING "THE PURPOSE OF THIS GOVERNMENT"]

“My first job after college was as a teacher in Cotulla, Texas, in a small Mexican-American school. Few of them could speak English, and I couldn’t speak much Spanish. My students were poor and they often came to class without breakfast, hungry. They knew even in their youth the pain of prejudice. They never seemed to know why people disliked them. But they knew it was so, because I saw it in their eyes. I often walked home late in the afternoon, after the classes were finished, wishing there was more that I could do. But all I knew was to teach them the little that I knew, hoping that it might help them against the hardships that lay ahead.

Somehow you never forget what poverty and hatred can do when you see its scars on the hopeful face of a young child.”

—Johnson would always claim that in his crusade for the Great Society, he was only fulfilling the late President Kennedy’s dream of civil rights legislation. He did this because Kennedy was popular in life and untouchable, at that point, in death. But it is hard to picture John Kennedy ever telling the story Johnson tells here. It’s not only because it’s hard to imagine Kennedy being pierced by an encounter with racism. Had any president to that time ever told a story of witnessing racism at work in his home town? Of feeling like a helpless bystander or witness to the poison of racism as administered to children? Of watching children accept their place as despised minorities in their society? One gets the real feeling that Johnson was pierced by this experience, and that he did not ever forget it, and he could not rest easy with this facet of American society. Just as Abraham Lincoln witnessed racism in his youth but did nothing to intervene—did not believe intervention would ever be possible–but then underwent a powerful change that led him to commit himself to a political solution to slavery, so Johnson has now changed and is committing himself, in this speech, to a political solution to racism.

“I never thought then, in 1928, that I would be standing here in 1965. It never even occurred to me in my fondest dreams that I might have the chance to help the sons and daughters of those students and to help people like them all over this country.

But now I do have that chance—and I’ll let you in on a secret—I mean to use it. And I hope that you will use it with me.”

—Those who knew him knew that when Johnson meant to do something, he did it. So the president was going ahead with civil rights reform, whether the rest of the nation is on board or not, but he believes we will take our chance to end racism and inequality, as he does.

“This is the richest and most powerful country which ever occupied the globe. The might of past empires is little compared to ours. But I do not want to be the President who built empires, or sought grandeur, or extended dominion. I want to be the President who educated young children to the wonders of their world. I want to be the President who helped to feed the hungry and to prepare them to be taxpayers instead of tax eaters. I want to be the President who helped the poor to find their own way and who protected the right of every citizen to vote in every election. I want to be the President who helped to end hatred among his fellow men and who promoted love among the people of all races and all regions and all parties. I want to be the President who helped to end war among the brothers of this earth.”

—Johnson would be haunted by claims like this as Vietnam grew and grew, and the American drive to fight Communism began to seem like just another imperial compulsion. But no matter how his foreign policy soured, Johnson would always believe in his domestic policy, the Great Society, that he outlines here. It was one of his deepest frustrations that the Great Society seemed to fade into oblivion as opposition to the war grew, and took center stage in the American mind.

“And so at the request of your beloved Speaker and the Senator from Montana; the majority leader, the Senator from Illinois; the minority leader, Mr. McCulloch, and other Members of both parties, I came here tonight—not as President Roosevelt came down one time in person to veto a bonus bill, not as President Truman came down one time to urge the passage of a railroad bill—but I came down here to ask you to share this task with me and to share it with the people that we both work for. I want this to be the Congress, Republicans and Democrats alike, which did all these things for all these people.”

—This is not just another example of pork, of a president pushing or killing a particular piece of legislation for short-term gain. This is about the heart and soul of the nation. Johnson ropes in many other political leaders to stand with him, to emphasize his intention to get everyone on board with the program.

“Beyond this great chamber, out yonder in 50 States, are the people that we serve. Who can tell what deep and unspoken hopes are in their hearts tonight as they sit there and listen. We all can guess, from our own lives, how difficult they often find their own pursuit of happiness, how many problems each little family has. They look most of all to themselves for their futures. But I think that they also look to each of us.”

—Johnson reminds the Congressional leaders he has just named that they are supposed to be helping people. They sit there in the Capitol building not for their own power and reputation, but to accomplish things for the people, to help people lead better lives. And one can see that Johnson may be referring to black Americans watching out yonder in the 50 States, with deep and unspoken hopes in their hearts that maybe, at last, finally, something is really going to change.

“Above the pyramid on the great seal of the United States it says—in Latin—“God has favored our undertaking.” God will not favor everything that we do. It is rather our duty to divine His will. But I cannot help believing that He truly understands and that He really favors the undertaking that we begin here tonight.”

With an invocation of both God and John Kennedy, Johnson may have wrangled enough of a blessing to win over the American people. If the American people do not or will not understand the need for civil rights reform, Johnson hopefully states that God does, and God approves. At any rate, regardless of who approves and who doesn’t, the work begins now: the undertaking begins tonight, it’s already in motion, it’s on. With these words, Johnson closed his speech.

Next time, we’ll look at the reaction it provoked.

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“This is one Nation”: Johnson’s “We Shall Overcome” speech

Posted on April 17, 2014. Filed under: Civil Rights, Politics, U.S. Constitution | Tags: , , , , |

Hello and welcome to part 4 of our series on President Lyndon Johnson’s March 1965 “We Shall Overcome” speech demanding not only equal voting rights for black Americans, but an overhaul of American society to embrace justice. Last time, we were asking whether any voting rights law passed by Congress could really be enforced. Many pieces of legislation guaranteeing voting equality were already on the books, and gathering dust there as states went their own way and continued to deny black citizens their rights, loudly claiming that they had state sovereignty and a “special” way of life to protect.

Johnson addresses this concern as we go forward, so let’s pick that up:

[under the heading "WE SHALL OVERCOME"]

“But even if we pass this bill, the battle will not be over. What happened in Selma is part of a far larger movement which reaches into every section and State of America. It is the effort of American Negroes to secure for themselves the full blessings of American life. Their cause must be our cause too. Because it is not just Negroes, but really it is all of us, who must overcome the crippling legacy of bigotry and injustice.

And we shall overcome.”

—Here, listeners would have wondered if they had really just heard their uptight-looking, cantankerous white Southern president quote the famous rallying cry of the civil rights movement. And had he really just said that all Americans inherit the burden and shame of racism and injustice? Again, we see Johnson’s insistence that racism was not a “negro problem”, an issue that trouble-making radicals kept bringing up or making up, but part of the fabric of American life and the part that needed to be ripped out and replaced, not honored and enshrined as “tradition”.

“As a man whose roots go deeply into Southern soil I know how agonizing racial feelings are. I know how difficult it is to reshape the attitudes and the structure of our society. But a century has passed, more than a hundred years, since the Negro was freed. And he is not fully free tonight. It was more than a hundred years ago that Abraham Lincoln, a great President of another party, signed the Emancipation Proclamation, but emancipation is a proclamation and not a fact. A century has passed, more than a hundred years, since equality was promised. And yet the Negro is not equal.

A century has passed since the day of promise. And the promise is unkept.”

—That first sentence is enormous. It says that Johnson is proud of being from the South. That he has seen racism in the South, and the damage it does. Between the lines, but not invisible, is the idea that racism causes “agony” for its victims and its perpetrators, which may well include Johnson who, growing up in the South, likely perpetrated racism in his youth. Racism causes agony in a few ways: it forces white people to be dissatisfied with society, and to long for a whites-only world where they are unchallenged; it leads white people to believe they must commit crimes and terrible acts to bring that whites-only world into being; it forces black people to live apart from and in fear of white people; it exposes black people to the agony of death, injury, rape, and terror at the hands of racists; and finally, it eats away at the nation and our founding beliefs. It is time, 100 years after the Emancipation Proclamation, to exit this horrible trap of racism and the endless churn, murder, anguish, and rage it produces.

“The time of justice has now come. I tell you that I believe sincerely that no force can hold it back. It is right in the eyes of man and God that it should come. And when it does, I think that day will brighten the lives of every American. For Negroes are not the only victims. How many white children have gone uneducated, how many white families have lived in stark poverty, how many white lives have been scarred by fear, because we have wasted our energy and our substance to maintain the barriers of hatred and terror?

So I say to all of you here, and to all in the Nation tonight, that those who appeal to you to hold on to the past do so at the cost of denying you your future. This great, rich, restless country can offer opportunity and education and hope to all: black and white, North and South, sharecropper and city dweller. These are the enemies: poverty, ignorance, disease. They are the enemies and not our fellow man, not our neighbor. And these enemies too, poverty, disease and ignorance, we shall overcome.”

—Again Johnson invokes God, and firmly re-settles him on the side of equality rather than racism, which was a significant change of address for the Lord for many Americans. Then he goes deeper into the “agony” of entrenched racism, describing how it divides whites and uses terror on those who don’t live up to their perceived duty to keep black people down, and describing the poverty of white people in states where so much time and money and resources are devoted to keeping black people down that there is nothing left to raise poor whites up—they are told that their membership in the white race is enough for them. It was daring of Johnson to address this directly, as so many poor whites clung on to that trade-off of racial superiority in place of real security, comfort, and achievement. To blame white Southern society for this situation rather than fall back on the old yarn that the North victimized the South so cruelly after the Civil War that the South could never fully recover was a step in a new direction. Even addressing this issue was a step in a new direction: name the president who had dared to talk openly about white poverty in the South and describe its real cause.

[under the heading "AN AMERICAN PROBLEM"]

“Now let none of us in any sections look with prideful righteousness on the troubles in another section, or on the problems of our neighbors. There is really no part of America where the promise of equality has been fully kept. In Buffalo as well as in Birmingham, in Philadelphia as well as in Selma, Americans are struggling for the fruits of freedom.

This is one Nation. What happens in Selma or in Cincinnati is a matter of legitimate concern to every American. But let each of us look within our own hearts and our own communities, and let each of us put our shoulder to the wheel to root out injustice wherever it exists. As we meet here in this peaceful, historic chamber tonight, men from the South, some of whom were at Iwo Jima, men from the North who have carried Old Glory to far corners of the world and brought it back without a stain on it, men from the East and from the West, are all fighting together without regard to religion, or color, or region, in Viet-Nam. Men from every region fought for us across the world 20 years ago. And in these common dangers and these common sacrifices the South made its contribution of honor and gallantry no less than any other region of the great Republic—and in some instances, a great many of them, more. And I have not the slightest doubt that good men from everywhere in this country, from the Great Lakes to the Gulf of Mexico, from the Golden Gate to the harbors along the Atlantic, will rally together now in this cause to vindicate the freedom of all Americans. For all of us owe this duty; and I believe that all of us will respond to it. Your President makes that request of every American.”

—How is it that Americans, Southern and Northern, will fight around the world for peace and justice, and enter without fear the worst maelstrom of war in human history, World War II, without a look back, and fight even now in Vietnam for freedom from Communism, but find fighting in the war against racism too hard, too doomed, too unconvincing? Is it because they don’t feel they have a mandate? Let the president offer one now.

[under the heading "PROGRESS THROUGH THE DEMOCRATIC PROCESS"]

“The real hero of this struggle is the American Negro. His actions and protests, his courage to risk safety and even to risk his life, have awakened the conscience of this Nation. His demonstrations have been designed to call attention to injustice, designed to provoke change, designed to stir reform. He has called upon us to make good the promise of America. And who among us can say that we would have made the same progress were it not for his persistent bravery, and his faith in American democracy.”

—As we saw in part 2, Johnson is again saying black Americans are the true Americans. As he did earlier in the speech, Johnson says black Americans are the heroes of justice and liberty, the Minutemen of the national conscience, the lonely supporters of American ideals.  Black Americans have been carrying white dead weight for 200 years, dragging whites along the road to freedom, dealing with white crimes, lies, and selfishness along the way in hopes of achieving real democracy for all. It’s time for white Americans to get down off black Americans’ backs and do their part.

“For at the real heart of battle for equality is a deep-seated belief in the democratic process. Equality depends not on the force of arms or tear gas but upon the force of moral right; not on recourse to violence but on respect for law and order. There have been many pressures upon your President and there will be others as the days come and go. But I pledge you tonight that we intend to fight this battle where it should be fought: in the courts, and in the Congress, and in the hearts of men. We must preserve the right of free speech and the right of free assembly. But the right of free speech does not carry with it, as has been said, the right to holler fire in a crowded theater. We must preserve the right to free assembly, but free assembly does not carry with it the right to block public thoroughfares to traffic. We do have a right to protest, and a right to march under conditions that do not infringe the constitutional rights of our neighbors. And I intend to protect all those rights as long as I am permitted to serve in this office. We will guard against violence, knowing it strikes from our hands the very weapons which we seek—progress, obedience to law, and belief in American values.”

—The courts, the Congress, and the hearts of men: that’s a pretty expansive theater of war. But Johnson knows that just passing more laws that aren’t enforced in the courts, or never reach the courts because they are never put into effect on the local level, won’t help, and will even set back the cause of civil rights. In the immediate term, Johnson will uphold the rights of black and white Americans to march in civil rights protests. Remember that he is giving this speech in response to Alabama state troopers viciously attacking peaceful marchers in Selma, Alabama. Those police officers had no justification for doing that—they were breaking the law, preventing citizens from upholding the Constitution, and fostering crime. Johnson is ready to take on the entrenched force for racism that was “law enforcement” in the South and the rest of the nation.

“In Selma as elsewhere we seek and pray for peace. We seek order. We seek unity. But we will not accept the peace of stifled rights, or the order imposed by fear, or the unity that stifles protest. For peace cannot be purchased at the cost of liberty. In Selma tonight, as in every—and we had a good day there—as in every city, we are working for just and peaceful settlement. We must all remember that after this speech I am making tonight, after the police and the FBI and the Marshals have all gone, and after you have promptly passed this bill, the people of Selma and the other cities of the Nation must still live and work together. And when the attention of the Nation has gone elsewhere they must try to heal the wounds and to build a new community. This cannot be easily done on a battleground of violence, as the history of the South itself shows. It is in recognition of this that men of both races have shown such an outstandingly impressive responsibility in recent days—last Tuesday, again today.”

—Saying that the president will uphold the rights of citizens is easier than making it happen. How can Johnson really guarantee the safety of black people in Selma once federal forces are gone, and the white establishment is left alone to deal with black people as it will (as it always has)? Johnson holds out hope that people on both sides, black and white, are ready to start something new which, crucially, means that at least some white people are willing to opt out of the predictable, socially mandated retribution that would leave more black men lynched, more black houses burned, more black women raped, more black families intimidated. Maybe, at last, some people are tired of living in a perpetual “battleground of violence”, and that, combined with federal scrutiny and TV cameras, will make change possible.

In this section of the speech, Johnson spoke as an insider pulling back a thick, heavy curtain to show the world the workings of the society he grew up in. He minced no words about the necessity of racism to the Southern status quo. He intimated that he too necessarily participated in that racism growing up in the South. Next time, he will do more than intimate about his own past, and he will conclude his speech with a personal call to the nation.

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