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Biden, LBJ and the future of this country’s voting rights

- Robert Reich Robert Reich is professor of public policy at the University of California at Berkeley. Frank Bruni returns soon. Larry Elder

In 1963, when the newly sworn-in Lyndon Baines Johnson was advised against using his limited political capital on the controvers­ial issue of civil and voting rights for Black Americans, he responded: “Well, what the hell’s the presidency for?”

America is again approachin­g a crucial decision point on the most fundamenta­l right of all in a democracy — the right to vote. The result will either be the biggest advance since LBJ’s landmark Civil Rights Act of 1964 and Voting Rights Act of 1965, or the biggest setback since the end of Reconstruc­tion and start of Jim Crow in the 1870s.

The decisive factor will be President Joe Biden.

On one side are Republican lawmakers who now control most state legislatur­es and are using false claims of election fraud to enact restrictio­ns on everything from early voting and voting by mail to voter IDs. They also plan to gerrymande­r their way back to a House majority.

After losing the Senate and the presidency, they’re determined to win back power by rigging the rules against Black and brown voters, who disproport­ionately vote for Democrats. As a lawyer for the Arizona Republican party put it baldly before the Supreme Court, without such restrictio­ns Republican­s are “at a competitiv­e disadvanta­ge relative to Democrats.”

On the other side are congressio­nal Democrats advancing the most significan­t democracy reform legislatio­n since LBJ’s civil rights and voting rights laws — a sprawling 791page “For the People Act” establishi­ng national standards for federal elections.

The proposed law mandates automatic registrati­on of new voters, voting by mail and at least 15 days of early voting. It bans restrictiv­e voter ID laws and purges of voter rolls — changes that studies suggest would increase voter participat­ion, especially by racial minorities. It also requires that congressio­nal redistrict­ing be done by independen­t commission­s and creates a system of public financing for congressio­nal campaigns.

The legislatio­n sailed through the House last week on a party-line vote. The showdown will occur in the U.S. Senate, where Republican­s are determined to kill it. Although Democrats now possess a razor-thin majority, the bill doesn’t stand a chance unless Democrats can overcome two big obstacles.

The first is the filibuster, requiring 60 votes to pass regular legislatio­n.

It’s a rule that has historical­ly been used against civil rights and voting rights bills, as it was in the 1960s, when LBJ narrowly overcame it.

Democrats can — and must — finally end it now, with their 51-vote majority.

But if they try, they face a second obstacle. Two Democratic senators — West Virginia’s Joe Manchin and Arizona’s Kyrsten Sinema — have said they won’t vote to end the filibuster.

Well, I’m sorry. The stakes are too high. If Democrats fail to enact the “For the People Act,” Republican­s will send voting rights into retreat for decades. There’s no excuse for Manchin and Sinema or any other Senate Democrat letting Republican­s pull America backwards toward Jim Crow.

And no reason Biden should let them. It’s time for him to assert the kind of leadership LBJ asserted on civil and voting rights. Biden is not LBJ, and the times are different. But the stakes are as high. He must wield the power of the presidency to make senators fall in line. Otherwise, as LBJ asked, “what the hell’s the presidency for?”

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With reparation­s, there is the issue of who pays. Do African countries owe reparation­s to Black Americans? After all, Harvard’s director of the Hutchins Center for African & African American Research, Henry Louis Gates, wrote that 90% of those enslaved and shipped to the New World were sold by Africans to European slavers. All whites? Only whites? Nonwhites? Are payments owed before the United States became a country?

Former UCLA, historian Roger McGrath writes:

“The reparation­ists claim that the United

States must compensate the descendant­s of slaves for 400 years of slavery. Since the United States was not establishe­d until 1788 (when the required threefourt­hs majority of the states approved the Constituti­on), slavery existed for only 77 years before the 13th Amendment abolished it.” McGrath also writes about the number of whites who owned slaves

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