Ms. Collins has managed not to be odious today, so she’s not TOMC. She’s writing about women and civil rights, and her column is titled “The Women Behind the Men.” Mr. Herbert writes about the California plan on distribution of electoral votes. He’s against it, and calls it poisonous. Here’s Ms. Collins:
Daisy Bates had to march with the wives.
When the nation observes the 50th anniversary of the Little Rock school desegregation on Monday, there will undoubtedly be a great deal said about Bates, who was head of the city’s N.A.A.C.P. chapter. She helped recruit nine black teenagers and escorted them through irate mobs of white adults and into their first classes. As a result, she and her husband, Lucius, lost their business. She was jailed, threatened and the Ku Klux Klan burned an 8-foot cross on her lawn.
Bates was invited, of course, to the famous March on Washington in 1963, when Dr. Martin Luther King Jr. gave his “I Have a Dream” speech. Rosa Parks was invited, too, and Pauli Murray, the lawyer and feminist who had staged the first sit-in at a Washington restaurant during World War II.
When they got there, they were all assigned to walk with the wives of the male civil rights leaders, far away from the cameras. “Not a single woman was invited to make one of the major speeches or be part of the delegation of leaders who went to the White House. The omission was deliberate,” Murray said later.
Dorothy Height, the head of the National Council of Negro Women, and others begged that at least one woman be included among the speakers. They nominated Diane Nash, the student leader who had been perhaps the one person most responsible for the success of the Freedom Riders in the South. No dice.
“Nothing that women said or did broke the impasse blocking their participation. I’ve never seen a more unmovable force,” Height wrote. The men kept telling her that women already had participation — both Marian Anderson and Mahalia Jackson were going to sing. In the end, A. Philip Randolph delivered a “Tribute to Negro Women Fighters for Freedom” while the female civil rights legends sat on the stage.
We’ve learned, with some pain, to celebrate all our national heroes through clear eyes, as people whose great hearts and minds still did not take the dream of freedom and equality past their own immediate cause. The Declaration of Independence is our noblest piece of prose even though Thomas Jefferson kept slaves. Susan B. Anthony is my favorite Founding Mother, but I know she broke her old friend Frederick Douglass’s heart when she lashed out at a government that would give the vote to “Sambo” and ignore well-educated, middle-class white women. Dr. King and the other male leaders and martyrs of the civil rights movement are always going to be a beacon in the center of our history. But they generally believed women’s place was in the home, and most were privately looking forward to the moment when they would all go back there.
The women of the civil rights movement who are most celebrated tend to be the brave victims, like Rosa Parks, who dutifully played the simple seamstress too tired to give up her seat on the bus, even though she had in fact been an activist for longer than almost any of the men. Still, in her autobiography she remembered that March on Washington and noted that these days “women wouldn’t stand for being kept so much in the background.”
The women who men were less enthusiastic about were the ones who led. Martin Luther King Jr.’s first triumph as the public face of the Montgomery bus boycott was possible because a group of middle-class black women led by a college teacher, Jo Ann Robinson, had organized it. They had been preparing for the opportunity so long that when Rosa Parks went to jail, they had 35,000 fliers ready the next morning, to deliver to black households through their children at school. Yet now they have practically vanished from our history.
You do not have to dismiss the men to believe that Ella Baker was the greatest organizer the civil rights movement ever knew. When she was passed over for the directorate of King’s Southern Christian Leadership Conference, which she helped found and ran as acting director, she attributed the rejection to the fact that “I was female; I was old. I didn’t have a Ph.D.” Then she went right on organizing, guiding the black college students into forming the Student Nonviolent Coordinating Committee, which she would direct throughout its glory years as adviser and unpaid spiritual leader.
Baker also got it — the moment of recognition that all the previous movements for American social justice had not quite grasped. “Remember,” she told the young people, “we are not fighting for the freedom of the Negro alone, but for the freedom of the human spirit, a larger freedom that encompasses all mankind.”
You watch the reports from Jena this week and you wonder where women like Bates and Baker and Robinson would be if they were alive today. Wherever it was, it would be at the front of the parade.
Here’s Mr. Herbert:
Right now it’s just a petition drive on its way to becoming a ballot initiative in California. But you should think of it as a tropical depression that could develop into a major storm that blows away the Democrats’ chances of winning the White House next year.
And it could become a constitutional crisis.
It’s panic time in Republican circles. The G.O.P. could go into next year’s election burdened by the twin demons of an unpopular war and an economic downturn. The party that took the White House in 2000 while losing the popular vote figures it may have to do it again.
The Presidential Election Reform Act is the name of a devious proposal that Republican operatives have dreamed up to siphon off 20 or more of the 55 electoral votes that the Democrats would get if, as expected, they win California in 2008.
That’s a lot of electoral votes, the equivalent of winning the state of Ohio. If this proposed change makes it onto the ballot and becomes law, those 20 or so electoral votes could well be enough to hand the White House to a Republican candidate who loses the popular vote nationwide.
Even Gov. Arnold Schwarzenegger, a Republican, has suggested that the initiative is a form of dirty pool. While not explicitly opposing it, Mr. Schwarzenegger said it smacks of changing the rules “in the middle of the game.”
Democrats are saying it’s unconstitutional.
The proposal would rewrite the rules for the distribution of electoral votes in California. Under current law, all of California’s 55 electoral votes go to the presidential candidate who wins the popular vote statewide. That “winner-take-all” system is the norm in the U.S.
Under the proposed change, electoral votes would be apportioned according to the winner of the popular vote in each of California’s Congressional districts. That would likely throw 20 or more electoral votes to the Republican candidate, even if the Democrat carries the state.
A sign of the bad faith in this proposal is the fact that there is no similar effort by the G.O.P. to apportion electoral votes by Congressional districts in, for example, Texas, a state with 34 electoral votes that is likely to go Republican next year.
Longtime observers in California believe the proponents of this change — lawyers with close ties to the Republican Party statewide and nationally — will have no trouble collecting enough signatures to get it on the ballot in June. The first poll taken on the measure, which is not yet widely understood by voters, showed that it would pass.
Laurence Tribe, a Harvard law professor and one of the nation’s pre-eminent constitutional scholars, believes the initiative is blatantly unconstitutional. “Entirely apart from the politics,” he said, “this clearly violates Article II of the Constitution, which very explicitly requires that the electors for president be selected ‘in such manner as the Legislature’ of the state directs.”
In Mr. Tribe’s view, the “one and only way” for California to change the manner in which its electoral votes are apportioned is through an act of the State Legislature.
Professor Tribe is not a disinterested party. He represented Al Gore in the disputed 2000 presidential election. And not all constitutional experts agree that this would be such an easy call. “This is not an open-and-shut case,” said Richard Pildes, a professor at the New York University School of Law.
What is undisputed is that the Democrats will mount a ferocious legal challenge if the ballot initiative passes — “maybe even before it has a chance to pass,” a Democratic source said yesterday — thus opening the door to an ugly constitutional fight reminiscent of Bush v. Gore in 2000.
The potential for trouble in the event of a close election is huge. Said Professor Tribe: “This is really a prescription for a possible constitutional crisis in which we have one president if California electors act in accord with the method set out by the State Legislature, and another president if the electors are divided according to this ballot initiative.”
The operatives behind the initiative are experts at causing trouble. The effort is being led by Thomas Hiltachk, a lawyer who was one of the leaders of the successful effort to recall California Gov. Gray Davis in 2003. Politics is not just hardball to this crowd; it’s almost literally a fight to the death.
The proponents of the initiative understand completely that a constitutional crisis could damage the nation’s democratic process and undermine the legitimacy of a presidential election. In their view that’s preferable to a Republican defeat.
California voters would be doing themselves and the nation a favor by soundly defeating this poisonous initiative if it makes it onto the ballot in June.
