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    House Passes Police Funding Bills, as Democrats Remain Divided

    WASHINGTON — The House on Thursday passed bipartisan legislation to increase funding for local police departments, after Democrats overcame bitter divisions in their ranks over a package aimed at blunting Republican efforts to portray them as soft on crime ahead of midterm elections.A broad bipartisan majority voted, 360 to 64, in favor of the centerpiece of the four-bill package, called the Invest to Protect Act, which would give $60,000,000 a year for five years to local police departments. The funds could be used for purchasing body cameras and conducting de-escalation training, as well as other activities.But a backlash by progressives, who balked at sending money to police departments without stronger accountability measures to address excessive use of force or other misconduct, nearly tanked the bills before they could be considered.The fate of the legislation is unclear, particularly given its bumpy road to House passage on Thursday. The Senate last month passed a different version of the Invest to Protect Act, and aides said leaders in that chamber had yet to discuss a path to get it to President Biden’s desk.Democrats who are in difficult re-election races in conservative-leaning districts had clamored for action on the measures for months, in part to answer a central line of attack Republicans have used against them during the midterm campaign season: that their party is soft on crime and bent on defunding the police.“Around the country, this is going to send a very clear signal that Democrats support law enforcement,” said Representative Josh Gottheimer, Democrat of New Jersey and the sponsor of the Invest to Protect Act.Still, its path to passage exposed lingering divisions among Democrats on the issue of policing at a moment when the political map is looking more favorable for them than it did just a few months ago. After progressives threatened for weeks to block the legislation from reaching the House floor, Democratic leaders believed they had finally reached a deal to move forward.But the agreement appeared to fray before their eyes just as the House turned to the bill on Thursday morning, prompting a two-hour delay as a small group of liberal lawmakers said they would not supply their votes after all.“It’s a matter of unchecked, unmonitored money,” said Representative Cori Bush, Democrat of Missouri, who opposed the legislation. “This is money for training? Well, we have not seen this training. After all the protests, after George Floyd and Breonna Taylor, 2021 saw the most police murders since police murders have been recorded.”The mini-rebellion in the House, where Democrats have a slim margin of control, prompted a scramble by Speaker Nancy Pelosi and her lieutenants, who quickly went to work trying to swing the would-be defectors.The State of the 2022 Midterm ElectionsWith the primaries over, both parties are shifting their focus to the general election on Nov. 8.Inflation Concerns Persist: In the six-month primary season that has just ended, several issues have risen and fallen, but nothing has dislodged inflation and the economy from the top of voters’ minds.Herschel Walker: The Republican Senate candidate in Georgia claimed his business donated 15 percent of its profits to charities. Three of the four groups named as recipients say they didn’t receive money.North Carolina Senate Race: Are Democrats about to get their hearts broken again? The contest between Cheri Beasley, a Democrat, and her G.O.P. opponent, Representative Ted Budd, seems close enough to raise their hopes.Echoing Trump: Six G.O.P. nominees for governor and the Senate in critical midterm states, all backed by former President Donald J. Trump, would not commit to accepting this year’s election results.Ultimately, Democrats were able to convince Representative Ayanna S. Pressley, Democrat of Massachusetts, to vote “present” in order to secure the votes need to bring up the legislation — allowing it to move ahead without registering her support for it. That allowed a procedural measure to pave the way for the legislation to squeak through on a vote of 216 to 215.Representative Ilhan Omar, Democrat of Minnesota and a progressive who pressed for changes in the bill, said the process was so fraught, it felt as if “we were in labor, taking the last push.”She added, “I think it should be looked at as a victory for Democrats to be able to push this in the finish line.”Mr. Gottheimer dismissed the drama as “inside baseball” that the public would ignore. But it was the latest chapter in a long-running feud among Democrats about how to talk about and address law enforcement issues.Although 153 Republicans supported the centerpiece Invest to Protect Act — nine Democrats broke ranks to oppose it — most Republicans opposed the other three bills. One of those would create a grant program for states and local governments to train and dispatch mental health professionals, rather than law enforcement officers, to respond to emergencies involving those with behavioral health needs. Just three Republicans joined 220 Democrats in support of that bill.The package of bills also would provide federal grants for communities that practice violence intervention and prevention. It would offer assistance to law enforcement specifically addressing gun crimes and supporting shooting victims.Democrats had originally hoped to vote on the police funding bills over the summer and were planning to pair them with legislation to ban assault weapons that passed in July, before lawmakers left Washington for their August recess. But when disagreements emerged about accountability measures in the police bills, Ms. Pelosi chose to move ahead with just the assault weapons ban and revisit the law enforcement legislation in the fall..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Over the past few weeks, frustration had been building among moderates as the legislation languished without a vote, especially with midterm elections approaching.In intensive talks this week between Representative Pramila Jayapal, Democrat of Washington and chairwoman of the Congressional Progressive Caucus, Ms. Omar and Mr. Gottheimer, the liberal members pushed for changes. The bill had originally targeted police departments with 200 officers or fewer. Ms. Jayapal and Ms. Omar pressed for the money to be available only to departments with 125 or fewer officers.The two lawmakers also insisted on more accountability measures, such as allowing the funding to be used to collect data on the use of force and de-escalation training. Many local governments cite resource constraints in being able to report those statistics, and only 27 percent of police departments currently submit that kind of data to the F.B.I.Miami-Dade police officers participate in an active shooter drill at a high school. Republicans accuse Democrats of being soft on crime and bent on defunding the police.Cristobal Herrera-Ulashkevich/EPA, via ShutterstockProgressives also insisted on removing from the package legislation that would expand police departments, co-sponsored by Representative Abigail Spanberger, Democrat of Virginia, who has been a chief proponent of action on law enforcement funding measures.Although the changes were made, they failed to placate some civil rights groups, who said they remained opposed to the legislation. Suggestions earlier this year to address qualified immunity, which provides legal protections for officers accused of violating others’ constitutional rights, for instance, were rejected.“Congress should advance an affirmative agenda for safety that makes evidence-based, preventative investments in people and communities,” said Thea Sebastian, the director of policy at Civil Rights Corps, a nonprofit organization focused on injustice in the legal system. “The current package, in our view, does not represent this agenda.”Democrats have long been aware that the issue of crime remains a political vulnerability for members representing moderate districts.The Democratic Congressional Campaign Committee shared guidance in March with members and candidates about how to respond to Republican attacks that they are soft on crime.“All Democratic candidates in competitive elections must proactively develop plans to counter this attack,” the memo, shared by a D.C.C.C. official, said. “Republicans will seek to tie every Democrat to ‘defund’ regardless of that Democrat’s record or biography. They are doing this because, sadly, these attacks can work even when they’re obviously false.”The group noted, “Multiple responses were tested, and the most effective one included both a clear statement opposing defunding the police, as well as a statement laying out what Democrats do support when it comes to crime and policing.”On Thursday, Republicans in the House accused Democrats of simply bringing the bills to the floor as a political exercise.“It is not to solve a problem,” said Representative Michelle Fischbach, Republican of Minnesota. “It is so my Democratic colleagues can look like they are solving problems.” She called it a “last-ditch effort for them” that was “coming just in time to see the results from election polling.”Representative Jim Jordan, Republican of Ohio, summed up the Republican opposition in remarks on the floor.“It’s an election-year ploy for Democrats to try to look like they care about funding law enforcement,” he said.Representative Sheila Jackson Lee, Democrat of Texas, responded with anger.“If you could ever be fed up, I am fed up,” she said. Addressing her Republican colleagues, she said, “Where were you on Jan. 6, when law enforcement were bleeding out on the steps of the United States Capitol?” More

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    Ilhan Omar faces a primary challenge in her Minnesota House district.

    Representative Ilhan Omar, one of Congress’s most prominent lawmakers, is facing four Democratic primary challengers in Minnesota as she seeks her third term, making her the latest member of the progressive group known as the “squad” to defend her seat this year.Ms. Omar, whose election in 2018 shook up the Democratic establishment, is favored to win her primary. She has racked up endorsements from Democratic state and federal lawmakers and has been a prolific fund-raiser, hauling in more than $2.3 million in total contributions, according to the latest federal elections filings. If she gets the nomination, she would enter the general election with nearly $500,000 cash on hand.But she is facing a strong centrist opponent in Don Samuels, a former Minneapolis city councilman and school board member. Mr. Samuels has the support of some of the Democratic establishment and Mayor Jacob Frey of Minneapolis. Mr. Samuels has raised more than $1 million and has more than $250,000 cash on hand, according to federal filings.Ms. Omar, 39, has become a powerful voice on issues like racial justice and police reform. But she has been cast as divisive by her opponents and has at times found herself at odds with the Democratic establishment. Central to her primary clashes has been the issue of policing, as calls for reform have reverberated in Minneapolis since George Floyd was killed by the police in 2020, sparking national uproar over the treatment of Black Americans by law enforcement and the nation at large.Last year, Ms. Omar supported a ballot measure to replace the Minneapolis Police Department with a new Department of Public Safety. Minneapolis voters struck it down. Mr. Samuels, who campaigned to defeat it, has told The Star Tribune that Ms. Omar’s support for the measure motivated him to run against her. He also notes that he was among eight Minneapolis residents who successfully sued to increase the number of officers.Ms. Omar’s other opponents include A.J. Kern, Albert T. Ross and Nate Schluter, all of whom are considered nominal challengers and have raised little, if any, funds.On the Republican side, Cicely Davis is expected to emerge as the nominee. Ms. Davis, who has the endorsement of the state’s Republican Party, served as the state director of BLEXIT Minnesota, an organization founded by Candace Owens, a far-right firebrand, to encourage Black voters to leave the Democratic Party. Ms. Davis has raised $2.2 million and ended the cycle with more than $100,000 cash on hand, according to federal filings.Two members of the “squad” — Representatives Alexandria Ocasio-Cortez of New York and Ayanna Pressley of Massachusetts — did not draw any primary challengers this cycle. In Ms. Ocasio-Cortez’s case, that might have been in part because of her large fund-raising haul, a total of more than $10.2 million. Two other “squad” members, Representatives Cori Bush of Missouri and Rashida Tlaib of Michigan, recently beat back their primary challengers. A sixth member, Representative Jamaal Bowman of New York, is facing three primary challengers later this month.Ms. Omar was the first woman of color elected to Congress from Minnesota, as well as one of the first two Muslim-American women elected to Congress. She is a favorite of progressives and beat her last well-financed challenger, Antone Melton-Meaux, a lawyer and self-described progressive, by 20 percentage points. He drew the backing of pro-Israel groups and centrist Democrats who saw Ms. Omar’s election as a proxy fight over the Democratic Party’s direction on Israel policy. Pro-Israel groups also spent heavily against Ms. Tlaib, who has condemned Israel over the conflict with Palestinians and voiced support for the Palestinian cause. More

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    Democrats Struggle to Energize Their Base as Frustrations Mount

    Even as President Biden achieves some significant victories, Democrats are warning that many of their most loyal supporters see inaction and broken campaign promises.Democrats across the party are raising alarms about sinking support among some of their most loyal voters, warning the White House and congressional leadership that they are falling short on campaign promises and leaving their base unsatisfied and unmotivated ahead of next year’s midterm elections.President Biden has achieved some major victories, signing a bipartisan $1 trillion infrastructure bill and moving a nearly $2 trillion social policy and climate change bill through the House. But some Democrats are warning that many of the voters who put them in control of the federal government last year may see little incentive to return to the polls in the midterms — reigniting a debate over electoral strategy that has been raging within the party since 2016.As the administration focuses on those two bills, a long list of other party priorities — expanding voting rights, enacting criminal justice reform, enshrining abortion rights, raising the federal minimum wage to $15, fixing a broken immigration system — have languished or died in Congress. Negotiations in the Senate are likely to further dilute the economic and climate proposals that animated Mr. Biden’s campaign — if the bill passes at all. And the president’s central promise of healing divisions and lowering the political temperature has failed to be fruitful, as violent language flourishes and threats to lawmakers flood into Congress.Interviews with Democratic lawmakers, activists and officials in Washington and in key battleground states show a party deeply concerned about retaining its own supporters. Even as strategists and vulnerable incumbents from battleground districts worry about swing voters, others argue that the erosion of crucial segments of the party’s coalition could pose more of a threat in midterm elections that are widely believed to be stacked against it.Already, Mr. Biden’s approval ratings have taken a sharp fall among some of his core constituencies, showing double-digit declines among Black, Latino, female and young voters. Those drops have led to increased tension between the White House and progressives at a time of heightened political anxiety, after Democrats were caught off-guard by the intensity of the backlash against them in elections earlier this month. Mr. Biden’s plummeting national approval ratings have also raised concerns about whether he would — or should — run for re-election in 2024.Not all of the blame is being placed squarely on the shoulders of Mr. Biden; a large percentage of frustration is with the Democratic Party itself.“It’s frustrating to see the Democrats spend all of this time fighting against themselves and to give a perception to the country, which the Republicans are seizing on, that the Democrats can’t govern,” said Bishop Reginald T. Jackson, who leads the A.M.E. churches across Georgia. “And some of us are tired of them getting pushed around, because when they get pushed around, African Americans get shoved.”Representative Alexandria Ocasio-Cortez of New York, a leading House progressive, warned that the party is at risk of “breaking trust” with vital constituencies, including young people and people of color.“There’s all this focus on ‘Democrats deliver, Democrats deliver,’ but are they delivering on the things that people are asking for the most right now?” she said in an interview. “In communities like mine, the issues that people are loudest and feel most passionately about are the ones that the party is speaking to the least.”Ms. Ocasio-Cortez and other Democrats acknowledge that a significant part of the challenge facing their party is structural: With slim congressional majorities, the party cannot pass anything unless the entire caucus agrees. That empowers moderate Democrats like Senator Joe Manchin III of West Virginia to block some of the biggest promises to their supporters, including a broad voting rights bill.A more aggressive approach may not lead to eventual passage of an immigration or voting rights law, but it would signal to Democrats that Mr. Biden is fighting for them, said Faiz Shakir, a close adviser to Senator Bernie Sanders of Vermont. Mr. Shakir and others worry that the focus on the two significant pieces of legislation — infrastructure and the spending bill — won’t be enough to energize supporters skeptical of the federal government’s ability to improve their lives.“I’m a supporter of Biden, a supporter of the agenda, and I’m frustrated and upset with him to allow this to go in the direction it has,” said Mr. Shakir, who managed Mr. Sanders’s presidential run in 2020. “It looks like we have President Manchin instead of President Biden in this debate.”He added: “It’s made the president look weak.”The divide over how much attention to devote to staunch Democratic constituencies versus moderate swing voters taps into a political debate that’s long roiled the party: Is it more important to energize the base or to persuade swing voters? And can Democrats do both things at once?White House advisers argue that winning swing voters, particularly the suburban independents who play an outsize role in battleground districts, is what will keep Democrats in power — or at least curb the scale of their midterm losses. They see the drop among core groups of Democrats as reflective of a challenging political moment — rising inflation, the continued pandemic, uncertainty about schools — rather than unhappiness with the administration’s priorities.“It’s November of 2021, not September of 2022,” John Anzalone, Mr. Biden’s pollster, said. “If we pass Build Back Better, we have a great message going into the midterms, when the bell rings on Labor Day, about what we’ve done for people.”Even pared back from the $3.5 trillion plan that Mr. Biden originally sought, the legislation that passed the House earlier this month offers proposals transforming child care, elder care, prescription drugs and financial aid for college, as well as making the largest investment ever to slow climate change. But some of the most popular policies will not be felt by voters until long after the midterm elections, nor will the impact of many of the infrastructure projects.Already, Democrats face a challenging education effort with voters. According to a survey conducted by Global Strategy Group, a Democratic polling firm, only about a third of white battleground voters think that either infrastructure or the broader spending bill will help them personally. Among white Democratic battleground voters, support for the bills is only 72 percent.Representative James E. Clyburn, the high-ranking House Democrat from South Carolina and a close ally of Mr. Biden, said the way the bills were negotiated and reported in the media had voters in his district asking him about money that was cut from initiatives rather than the sweeping benefits.“People stopped me on the streets saying we cut money from our H.B.C.U.s,” Mr. Clyburn said, pointing out that more funding for historically Black colleges and universities will be added in the coming years of the administration. “So while everybody keeps blaming the Democrats, Democrats, Democrats, it’s the Senate rules that are archaic, and stop us from passing these bills.”Mr. Clyburn and other lawmakers say they struggle to explain the vacillations of congressional wrangling to their voters, who expected that by electing Democrats to the majority they would be able to pass their agenda.“Nobody thought about the filibuster and the realities,” said Representative Steve Cohen, Democrat of Tennessee. “People don’t understand the Byrd rule and the parliamentarian and the things we have to put up with. It does lower their enthusiasm.”Atlanta voters cast their ballots last November. Mr. Biden won more than 90 percent of Black voters in Georgia, but inaction on voting rights has weakened their support.Jessica Mcgowan/Getty ImagesAs they’ve begun to do with the infrastructure bill, the White House plans an aggressive approach to sell the social policy legislation once it passes, dispatching Mr. Biden, Vice President Kamala Harris and other top officials for events across the country.“There is a real window of opportunity to show the cooperation and competence people expect from us,” said Representative Josh Gottheimer, Democrat of New Jersey and a leader of a moderate wing of lawmakers in congressional negotiations. “It’s up to us to communicate what we just accomplished for families and for the country.”Yet many activists say the White House is to blame for failing to aggressively push for the central promises made to their supporters during the campaign. They said they wanted Mr. Biden to leverage both his bully pulpit and executive powers to tackle student loans, criminal justice, immigration reform and other issues.“We’re talking about democracy in such a crisis and here we are with very few legislative days left and the lack of urgency is deafening,” said Dr. Barbara Williams-Skinner, a minister and civil rights advocate who has helped lead the response from faith leaders on voting rights. “For the president to say he can only do one thing at a time is simply not true.”Lorella Praeli, the president of Community Change Action, a group advocating immigration reform, offered a terse warning to the administration about keeping Latino support: “There are no participation trophies.”Some of the most popular policies in the social safety net bill that passed the House won’t be felt by voters until long after the midterm elections.Tom Brenner for The New York TimesAlready, the national environment looks difficult for Democrats, who may lose seats in redistricting and face the historical trend of a president’s party losing seats during his first term in office.Tomás Robles, the co-chair of Lucha, a Latino civil rights group based in Phoenix that is widely credited with helping Democrats win the state in 2020, said people were “disillusioned and unmotivated” by what they had seen in the first 10 months of Democratic governance.“When you’re not passing bold progressive policies, you have to be able to show something,” Mr. Robles said. “President Biden gets the most blame because he’s the most visible, but it’s the party as a whole that has failed its voters.”In Georgia, inaction on voting rights has fueled a steepening decline of enthusiasm for Mr. Biden among Black voters. The New Georgia Project, a progressive civil rights group, conducted a study last month of Black voters in Georgia, and found that 66 percent approved of the job Mr. Biden was doing, and 51 percent thought that his administration was working to address the concerns of the Black community. In 2020, Mr. Biden won more than 90 percent of Black voters in Georgia.Representative Cori Bush, a progressive whose district includes large parts of St. Louis, said the social safety net and climate provisions included in the bill that passed the House could not be pared down any further. And, she added, the White House has to follow through on other provisions if Democrats want to excite Black voters — perhaps the party’s most loyal constituency — ahead of the midterm elections.“Do I believe Black community members will be happy to see these investments? Absolutely. Will they feel like this has changed their lives in some ways? Yes,” Ms. Bush said. “But will this be enough to excite? When you’re excited, that means that you feel like something else is coming. You have hope that more is happening. So what’s next?” More

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    Cori Bush and AOC Are Right About Jan. 6 and 1866

    When, in the early morning hours of Jan. 7, Congress finally certified the 2020 Electoral College count, more than 140 Republican members of Congress had voted, in one way or another, to reject the outcome. They had embraced the spirit of the mob that stormed the Capitol the day before, even if they had not physically joined it.With that said, there was a smaller number of congressional Republicans who may have gone further than simply casting a vote the way President Donald Trump wanted them to, in the days leading up to Jan. 6. According to a new report by Hunter Walker in Rolling Stone, “Multiple people associated with the March for Trump and Stop the Steal events that took place during this period communicated with members of Congress throughout this process.”Walker’s sources, two unnamed organizers who say they helped plan the rallies, claim that Representatives Marjorie Taylor Greene, Andy Biggs, Paul Gosar, Lauren Boebert, Mo Brooks, Madison Cawthorn and Louie Gohmert or members of their staffs spoke to or collaborated with pro-Trump activists in the days, weeks and months before the attack on the Capitol. Gosar, a staunch defender of the former president, reportedly told potential rally goers that Trump would give them a “blanket pardon” for their activities.Greene, Gohmert, Boebert, Brooks, Cawthorn and Biggs have all pushed back strongly on the Rolling Stone report, which appeared over the weekend. Gosar called it “categorically false and defamatory.”“There was a meeting at the White House about voter fraud and election theft activity,” Brooks said. “But I have no recollection of any kind of organizational activity regarding the speeches on Jan. 6.”For his part, Gohmert released a statement Monday: “No one in my office, including me, participated in the planning of the rally or in any criminal activity on Jan. 6. We did not attend or participate at all.”Boebert also issued a statement on Monday: “Let me be clear. I had no role in the planning or execution of any event that took place at the Capitol or anywhere in Washington, D.C. on Jan. 6th.”The organizers who spoke to Rolling Stone apparently plan to testify before the Jan. 6 select committee to provide more details about what they say was collaboration between Republican lawmakers and the pro-Trump activists who planned the events that ultimately led to the attack.In the meantime, some Democrats are already calling for their removal from office.“Any member of Congress who helped plot a terrorist attack on our nation’s Capitol must be expelled,” Representative Alexandria Ocasio-Cortez wrote on Twitter. “Those responsible remain a danger to our democracy, our country, and human life in the vicinity of our Capitol and beyond.”Likewise, Representative Cori Bush of Missouri said on Twitter that the House must “investigate and expel members of Congress who helped incite the deadly insurrection on our Capitol.”Bush had actually introduced a House resolution for this purpose just days after the attack. “There is no place in the people’s House for these heinous actions,” she said at the time, referring to “members who attempted to disenfranchise voters and incited this violence.”“I firmly believe,” she went on, “that these members are in breach of their sworn Oath of Office to support and defend the Constitution of the United States. They must be held accountable.”They weren’t. There was simply no appetite, among House leadership, for such drastic and decisive action. There still isn’t. But it was a serious demand, and we should take it seriously.Bush’s resolution rests on Section 3 of the 14th Amendment to the Constitution, which cleared Congress in 1866 and was ratified in 1868:No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.In plain English, Congress has the power and authority to expel from office any constitutional officer who engages in sedition and takes up arms against the Constitution of the United States.The original context for this, obviously, was the Civil War and its immediate aftermath. By the summer of 1865, President Andrew Johnson, a conservative unionist from Tennessee, had taken charge of Reconstruction with a plan to restore the Southern states as equals, their political and constitutional status essentially unchanged from what it was before the war.Under Johnson’s arrangement, the former Confederate states could operate under their antebellum constitutions, the end of slavery notwithstanding. All-white electorates could elect all-white legislatures and send all-white delegations to Washington. Some of these men were, like Johnson, conservative unionists. Many more were former rebel leaders. Alexander Stephens — of the infamous Cornerstone Speech — was elected to represent Georgia in the Senate in 1866 after he was arrested and imprisoned as the former vice president of the Confederacy in 1865.Either way, neither group supported anything like fundamental change to the social and political fabric of the South. If seated, these delegations to Congress would stymie and block any Republican effort to reconstruct the South as an open society with free labor.Indeed, had every Southern representative been seated, Republicans would not have had the votes to get the 14th Amendment through Congress in the first place, on account of the two-thirds majority requirement for passage.Worse than potential obstruction was the real chance that the South would re-enter Congress with as much, or more, political power than it had before the war. The 13th Amendment had abolished chattel slavery, which effectively gutted the three-fifths compromise. And thanks to Johnson, recalcitrant Southern elites could form new governments without extending the vote to free and recently freed Blacks. When the 14th Amendment repealed the three-fifths compromise outright, the effect would be to give the South a considerable bonus in Congress.“Beginning with the reapportionment of 1870,” the legal scholar Garrett Epps writes in “The Antebellum Political Background of the Fourteenth Amendment,” “the Southern states would receive full representation for each freed slave rather than a mere sixty percent, a change that would give the region thirteen more House seats and electoral votes without the extension of minimal political rights, much less the franchise, to the freed slaves who formed the basis of the representation.”To head off this threat, Republicans took two steps. First, they refused to recognize, much less seat, members from the states readmitted under Johnson’s policies. And then, looking to the future, they wrote this prohibition on former Confederate leaders into the Constitution as Section 3 of the 14th Amendment. Republicans would prevent the re-ascendence of this “slave power” with a blockade of federal office deployed against Southern elites.If the ultimate goal of Section 3, in other words, was to preserve the integrity of Congress against those who would capture its power and plot against the constitutional order itself, then Representative Bush is right to cite the clause against any members of Congress who turn out to have collaborated with the plotters to overturn the election and whose allies are still fighting to “stop the steal.”There is a movement afoot to undermine electoral democracy for the sake of a would-be strongman. We have the tools to stop it. Congress, and by this I mean the Democratic majority, should use them.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    The Congressional Black Caucus: Powerful, Diverse and Newly Complicated

    The group, which includes most Black members of Congress, remains publicly united. But in private, an influx of new members who think differently about its purpose are making a play for the future.The Congressional Black Caucus is the largest it has ever been, jumping to 57 members this year after a period of steady growth. The 50-year-old group, which includes most Black members of Congress and is entirely Democratic, is also more diverse, reflecting growing pockets of the Black electorate: millennials, progressives, suburban voters, those less tightly moored to the Democratic Party.But while a thread of social justice connects one generation to the next, the influx of new members from varying backgrounds is testing the group’s long-held traditions in ways that could alter the future of Black political power in Washington.The newcomers, shaped by the Black Lives Matter movement rather than the civil rights era, urge Democrats to go on the offensive regarding race and policing, pushing an affirmative message about how to overhaul public safety. They seek a bolder strategy on voting rights and greater investment in the recruitment and support of Black candidates.Perhaps more significant than any ideological or age divide, however, is the caucus’s fault line of political origin stories — between those who made the Democratic establishment work for them and those who had to overcome the establishment to win.Representative James E. Clyburn of South Carolina, a Democrat and the most powerful Black lawmaker in the House, said in an interview that the group still functioned as a family. But that family has grown to include people like Representative Cori Bush of Missouri, an outspoken progressive who defeated a caucus member in a hotly contested primary last year, and Representative Lauren Underwood of Illinois, whose district is overwhelmingly white.“There was not a single member of the caucus, when I got there, that could have gotten elected in a congressional district that was only 4 percent African American,” Mr. Clyburn said, referring to Ms. Underwood.“We didn’t have people in the caucus before who could stand up and say, ‘I know what it’s like to live in an automobile or be homeless,’” he said of Ms. Bush, whose recent dayslong sit-in on the Capitol steps pushed President Biden’s administration to extend an eviction moratorium.In interviews, more than 20 people close to the C.B.C. — including several members, their senior aides and other Democrats who have worked with the group — described the shifting dynamics of the leading organization of Black power players in Washington.Representative Lauren Underwood of Illinois serves a district that is overwhelmingly white.Sarah Silbiger/The New York TimesThe caucus is a firm part of the Democratic establishment, close to House leadership and the relationship-driven world of political consulting and campaigns. However, unlike other groups tied to party leaders, the caucus is perhaps the country’s most public coalition of civil rights stalwarts, ostensibly responsible for ensuring that an insider game shaped by whiteness can work for Black people.Today, the C.B.C. has swelling ranks and a president who has said he owes his election to Black Democrats. There is a strong chance that when Speaker Nancy Pelosi eventually steps down, her successor will be a member of the group. At the same time, the new lawmakers and their supporters are challenging the group with a simple question: Whom should the Congressional Black Caucus be for?The group’s leadership and political action committee have typically focused on supporting Black incumbents and their congressional allies in re-election efforts. But other members, especially progressive ones, call for a more combative activist streak, like Ms. Bush’s, that challenges the Democratic Party in the name of Black people. Moderate members in swing districts, who reject progressive litmus tests like defunding police departments or supporting a Green New Deal, say the caucus is behind on the nuts and bolts of modern campaigning and remains too pessimistic about Black candidates’ chances in predominantly white districts.Many new C.B.C. members, even those whose aides discussed their frustration in private, declined to comment on the record for this article. The leadership of the caucus, including the current chair, Representative Joyce Beatty of Ohio, also did not respond to requests for comment.Miti Sathe, a founder of Square One Politics, a political firm used by Ms. Underwood and other successful Black candidates including Representative Lucy McBath, a Georgia Democrat, said she had often wondered why the caucus was not a greater ally on the campaign trail.She recounted how Ms. Underwood, a former C.B.C. intern who was the only Black candidate in her race, did not receive the caucus’s initial endorsement.In Ms. Underwood’s race, “we tried many times to have conversations with them, to get their support and to get their fund-raising lists, and they declined,” Ms. Sathe said.Representative Cori Bush of Missouri, an outspoken progressive, defeated a caucus member in a hotly contested primary race last year.Stefani Reynolds for The New York TimesRepresentative Ritchie Torres of New York, a 33-year-old freshman member, said the similarities among C.B.C. members still outweighed the differences.“It seems one-dimensional to characterize it as some generational divide,” he said. “The freshman class — the freshman members of the C.B.C. — are hardly a monolith.”Political strategy is often the dividing line among members — not policy. The Clyburn-led veterans have hugged close to Ms. Pelosi to rise through the ranks, and believe younger members should follow their example. They have taken a zero-tolerance stance toward primary challengers to Democratic incumbents. They have recently pushed for a pared-down approach to voting rights legislation, attacking proposals for public financing of campaigns and independent redistricting committees, which have support from many Democrats in Congress but could change the makeup of some Black members’ congressional districts.And when younger members of Congress press Ms. Pelosi to elevate new blood and overlook seniority, this more traditional group points to Representatives Maxine Waters of California and Bennie Thompson of Mississippi — committee chairs who waited years for their gavels. The political arm of the Black caucus reflects that insider approach, sometimes backing white incumbents who are friends with senior caucus leaders instead of viable Black challengers.Representative Gregory Meeks of New York, the chairman of the caucus’s political action committee, said its goal was simple: to help maintain the Democratic majority so the party’s agenda can be advanced.“You don’t throw somebody out simply because somebody else is running against them,” he said. “That’s not the way politics works.”Representative James E. Clyburn of South Carolina, the most powerful Black lawmaker in the House, said the group still functioned as a family.T.J. Kirkpatrick for The New York TimesIn a special election this month in Ohio to replace former Representative Marcia Fudge, the newly appointed housing secretary and a close ally of Mr. Clyburn’s, the caucus’s political arm took the unusual step of endorsing one Black candidate over another for an open seat. The group backed Shontel Brown — a Democrat who is close to Ms. Fudge — over several Black rivals, including Nina Turner, a former state senator and a prominent leftist ally of Senator Bernie Sanders of Vermont.Mr. Meeks said the caucus had deferred to its ranking members from Ohio, including Ms. Beatty and Ms. Fudge. Mr. Clyburn also personally backed Ms. Brown. In the interview, he cited a comment from a campaign surrogate for Ms. Turner who called him “incredibly stupid” for endorsing Mr. Biden in the presidential primary race. “There’s nobody in the Congressional Black Caucus who would refer to the highest-ranking African American among them as incredibly stupid,” Mr. Clyburn said.Ms. Turner, a progressive activist, defended the remark and said the caucus’s endorsement of Ms. Brown “did a disservice to the 11 other Black candidates in that race.” She argued that Washington politics were governed by “a set of rules that leaves so many Black people behind.”“The reasons they endorsed had nothing to do with the uplift of Black people,” Ms. Turner said, citing her support of policies like reparations for descendants of enslaved people and student debt cancellation. “It had everything to do about preserving a decorum and a consensus type of power model that doesn’t ruffle anybody’s feathers.”Privately, while some Black members of Congress were sympathetic to Ms. Turner’s criticism, they also regarded the comment about Mr. Clyburn as an unnecessary agitation, according to those familiar with their views. Last year, several new C.B.C. members across the political spectrum grew frustrated after concluding that Democrats’ messaging on race and policing ignored the findings of a poll commissioned by the caucus and the Democratic Congressional Campaign Committee. The poll, obtained by The New York Times, urged Democrats in swing districts to highlight the policing changes they supported rather than defending the status quo.But the instruction from leaders of the caucus and the Democratic campaign committee was blunt: Denounce defunding the police and pivot to health care. “It was baffling that the research was not properly utilized,” said one senior aide to a newer member of the Black caucus, who spoke on the condition of anonymity to voice the frustrations. “It could have helped some House Democrats keep their jobs.”The caucus is perhaps the country’s most public coalition of civil rights stalwarts, ostensibly responsible for ensuring that an insider game shaped by whiteness can work for Black people.Anna Moneymaker for The New York TimesMr. Clyburn makes no secret of his disdain for progressive activists who support defunding the police. In the interview, he likened the idea to “Burn, baby, burn,” the slogan associated with the 1965 Watts riots in California.“‘Burn, baby, burn’ destroyed the movement John Lewis and I helped found back in 1960,” he said. “Now we have defunding the police.” Mr. Meeks, the political point man for the caucus, said he expected its endorsements to go where they have always gone: to Black incumbents and their allies. Still, he praised Ms. Bush’s recent activism as helping to “put the pressure on to make the change happen,” a sign of how new blood and ideological diversity could increase the caucus’s power.But Ms. Bush won despite the wishes of the caucus’s political arm. And those who seek a similar path to Congress are likely to face similar resistance.When asked, Mr. Meeks saw no conflict.“When you’re on a team,” he said, “you look out for your teammates.” More