These last few weeks have riveted the country’s attention on police brutality. The murder of George Floyd was an atrocity, and unfortunately it’s not the first one. As we have so often in our history, it’s time for America to respond with appropriate and reasonable reform. It’s not time to lose our heads, however.
The “defund the police” movement is not the answer. My colleagues Rep. James Clyburn of South Carolina, Rep. Bennie Thompson of Mississippi, and Delegate Eleanor Holmes Norton of the District of Columbia, all members of the Congressional Black Caucus, spoke out against it last week. Ms. Norton said that the poorest of the people she represents live in the parts of town that experience the most homicides and crime. “I’m not sure I would hear them saying we ought to reduce the number of police, I may hear them saying just the opposite,” she said.
Neither does it make sense to paint all of law enforcement with a broad and negative brush. We all need law enforcement and we are blessed that the vast majority of our officers are good professionals, often doing their jobs under dangerous circumstances. Last year 89 officers died in the line of duty in the U.S. Many more were injured. Most of us don’t work in a job where it is unclear whether we will return home at the end of the day safe and sound. But they do.
It is undeniable, however, that there are rogue officers treating black people unprofessionally, injuring and, yes, even killing them. That’s not acceptable. We need to make reforms to our law enforcement system, and some of those reforms will indeed cost more, not less, money.
This issue is primarily a local one as that is where most law enforcement officers work. Better and stricter standards, better training on those standards, and better discipline of officers who act outside those standards, all must occur locally.
There are some things we can do at the Federal level, however, and there are a number of recent proposals. I believe there is a significant level of concern across both parties and enough consensus around some of the proposals that we should be able to pass a bill which is broadly bipartisan. The fact that the Democrats filed their bill with no effort to consult and work with Republicans, indeed against direct appeals to include us, is very disappointing, but we can’t let that stop us from finding common ground, without which there will be no change in the law.
We are presently scheduled to vote on a police reform bill next week, and while the Democrats have filed this purely partisan bill, I hope there will be a real opportunity for dialogue.
I support a Federal ban on lynching, and we should condition Federal grants to local law enforcement on adherence to higher standards, particularly on the use of force. More Federal money should go for training to these higher standards. We need to collect and report more and timely information on the use of force and more Federal money should go to pay for body cameras. We should ban racial profiling but do it in such a manner that the ban wouldn’t preclude the appropriate use of information about specific suspects or specific crimes.
I’m open to discussing some reform to the legal doctrine of “qualified immunity” which shields law enforcement officers from legal action when they are acting in the line of duty. The doctrine needs more clarity which a well-drawn statute could bring. But I oppose outright repeal because that would leave officers who have acted appropriately the subjects of endless lawsuits which would likely result in these officers pulling back from doing their jobs.
For this same reason I am concerned about lowering the standard for criminal actions against law enforcement under the Civil Rights statutes. Presently, prosecutions against law enforcement officers require proof that the officer acted “willfully,” but some of the new proposals would lower that to proof of “reckless disregard.” Go look at the legal definition of the latter and it will leave you scratching your head as to what the courts mean. You don’t want a law enforcement officer in the middle of a violent situation, where he is present to protect innocent lives, to be scratching his head. If we are going to change that standard at all it needs to be very clear and precise.
Go back to what Ms. Norton said. Who is going to be harmed the most if law enforcement pulls back, if they retreat from their duty? It’s the poor, who are all too often the victims of crime and are also likely to be from a racial minority.
Let’s say it plainly. Black people are of equal moral value as white people. It’s Biblical, it’s American. And to treat people differently based on their race is morally and legally repugnant. To injure or kill them for the same reason goes against everything we stand for.
We are Americans, Black, White, Asian, and Hispanic. We are liberals and conservatives, Democrats and Republicans, and everything in between. All of us are the beneficiaries of the American system of justice, however imperfect it may seem, because it’s the ultimate expression of civilization. Due process, the equal application of the law, limits on the power of the state (that includes law enforcement), and the basic principles and of our common humanity underly this system.
We stand with one another. With black people wronged by rogue law enforcement officers. With the vast majority of law enforcement who throw themselves at danger to protect us and conduct themselves with professionalism and with little pay.
And we should do all this using, not losing, our heads.
Opinion | On the Nov. 3 ballot, vote “no” on proposed Amendment 1
On Nov. 3, 2020, all Alabama voters should vote “no” on proposed Amendment 1. Vote no on Amendment 1 because it could allow state law changes to disenfranchise citizens whom the Legislature does not want to vote. Because Amendment 1 has no practical purpose and because it opens the door to mischief, all voters are urged to vote no.
Currently, the Alabama Constitution provides that “Every citizen of the United States…” has the right to vote in the county where the voter resides. Amendment 1 would delete the word “every” before citizen and replace it with “only a” citizen.
In Alabama, the only United States citizens who cannot vote today are most citizens who have been convicted of a felony of moral turpitude. These felonies are specifically identified in Ala. Code 17-3-30.1.
Without Amendment 1, the Alabama Constitution now says who can vote: every citizen. If voters approve Amendment 1, the Alabama Constitution would only identify a group who cannot vote. With Amendment 1, we, the citizens of the United States in Alabama, thus would lose the state constitutional protection of our voting rights.
In Alabama, no individual who is not a United States citizens can vote in a governmental election. So, Amendment 1 has no impact on non-citizens in Alabama.
Perhaps the purpose of Amendment 1 could be to drive voter turnout of those who mistakenly fear non-citizens can vote. The only other purpose for Amendment 1 would be allowing future Alabama state legislation to disenfranchise groups of Alabama citizens whom a majority of the legislature does not want to vote.
In 2020, the ballots in Florida and Colorado have similar amendments on the ballots. As in Alabama, Citizens Voters, Inc., claims it is responsible for putting these amendments on the ballots in those states. While Citizens Voters’ name sounds like it is a good nonprofit, as a 501(c)(4), it has secret political donors. One cannot know who funds Citizen Voters and thus who is behind pushing these amendments with more than $8 million in dark money.
According to Citizen Voter’s website, the stated reason for Amendment 1 is that some cities in several other states allow non-citizens to vote. My understanding is that such measures are rare and only apply to voting for local school boards.
And why would a local government’s deciding that non-citizens can vote for local school boards be a state constitutional problem? Isn’t the good government practice to allow local control of local issues? And again, this issue does not even exist in Alabama.
The bigger question, which makes Amendment 1’s danger plain to see, is why eliminate the language protecting “every” citizen’s right to vote? For example, Amendment 1 could have proposed “Every citizen and only a citizen” instead of deleting “every” when adding “only a” citizen. Why not leave the “every” citizen language in the Alabama Constitution?
Amendment 1 could allow Alabama new state legislation to disenfranchise some Alabama citizens. Such a change would probably violate federal law. But Alabama has often had voting laws that violated federal law until a lawsuit forced the state of Alabama not to enforce the illegal state voting law.
The most recent similar law in Alabama might be 2011’s HB56, the anti-immigrant law. Both HB56 and Amendment 1 are Alabama state laws that out-of-state interests pushed on us. And HB56 has been largely blocked by federal courts after expensive lawsuits.
Alabama’s Nov. 3, 2020, ballot will have six constitutional amendments. On almost all ballots, Amendment 1 will be at the bottom right on the first page (front) of the ballot or will be at the top left on the second page (back) of the ballot.
Let’s keep in our state constitution our protection of every voters’ right to vote.
Based on Amendment 1’s having no practical benefit and its opening many opportunities for mischief, all Alabama voters are strongly urged to vote “no” on Amendment 1.
Opinion | Amendment 4 is an opportunity to clean up the Alabama Constitution
The 1901 but current Alabama Constitution has been amended about 950 times, making it by far the world’s longest constitution. The amendments have riddled the Constitution with redundancies while maintaining language and provisions — for example, poll taxes — that reflect the racist intent of those who originally wrote it.
A recompilation will bring order to the amendments and remove obsolete language. While much of this language is no longer valid, the language is still in the document and has been noted and used by other states when competing with Alabama for economic growth opportunities.
The need for recompilation and cleaning of Alabama’s Constitution has been long recognized.
In 2019, the Legislature unanimously adopted legislation, Amendment 4, to provide for its recompilation. Amendment 4 on the Nov. 3 general election ballot will allow the non-partisan Legislative Reference Service to draft a recompiled and cleaned version of the Constitution for submission to the Legislature.
While Amendment 4 prohibits any substantive changes in the Constitution, the LRS will remove duplication, delete no longer legal provisions and racist language, thereby making our Constitution far more easily understood by all Alabama citizens.
Upon approval by the Legislature, the recompiled Constitution will be presented to Alabama voters in November 2022 for ratification.
Amendment 4 authorizes a non-partisan, broadly supported, non-controversial recompilation and much-needed, overdue cleaning up of our Constitution.
On Nov. 3, 2020, vote “Yes” on Amendment 4 so the work can begin.
Opinion | Auburn Student Center named for Harold Melton, first Auburn SGA president of color
The year 1987 was a quiet one for elections across America but not at Auburn. That was the year Harold Melton, a student in international studies and Spanish, launched and won a campaign to become the first African American president of the Auburn Student Government Association, winning with more than 65 percent of the vote.
This was just the first of many important roles Harold Melton would play at Auburn and in an extraordinarily successful legal career in his home state of Georgia, where his colleagues on the Georgia Supreme Court elected him as chief justice.
Last week, the Auburn Board of Trustees unanimously named the Auburn student center for Justice Melton, the first building on campus that honors a person of color. The decision was reached as part of a larger effort to demonstrate Auburn’s commitment to diversity and inclusion.
In June, Auburn named two task forces to study diversity and inclusion issues. We co-chair the task force for the Auburn Board with our work taking place concurrently with that of a campus-based task force organized by President Jay Gogue. Other members of the Board task force are retired Army general Lloyd Austin, bank president Bob Dumas, former principal and educator Sarah B. Newton and Alabama Power executive Quentin P. Riggins.
These groups are embarking on a process that offers all Auburn stakeholders a voice, seeking input from students, faculty, staff, alumni, elected officials and more. It will include a fact-based review of Auburn’s past and present, and we will provide specific recommendations for the future.
We are committed to making real progress based on solid facts. Unlike other universities in the state, Auburn has a presence in all 67 counties through the Alabama Cooperative Extension System. Our review has included not only our campuses in Auburn and Montgomery but all properties across our state. To date, we have found no monuments or statues recognizing the history that has divided our country. We will continue our fact-finding mission with input from the academic and research community.
Our university and leadership are committed to doing the right thing, for the right reasons, at the right time. We believe now is the right time, and we are already seeing results.
In addition to naming the student center for the Honorable Harold Melton, we have taken steps to highlight the significant role played by Harold Franklin, the student who integrated Auburn. We are working to enhance the historical marker that pays tribute to Mr. Franklin, and we are raising its visibility in campus tours as we pay homage to his contributions as our first African American student. Last month, we awarded Mr. Franklin, now 86 and with a Ph.D., a long-overdue master’s degree for the studies he completed at Auburn so many years ago.
We likewise endorsed a student-led initiative creating the National Pan-Hellenic Council Legacy Plaza, which will recognize the contributions of Black Greek organizations and African American culture on our campus.
In the coming months, Auburn men and women will work together to promote inclusion to further enhance our student experience and build on our strength through diversity. The results of this work will be seen and felt throughout the institution in how we recruit our students, provide scholarships and other financial support and ensure a culture of inclusion in all walks of university life.
Our goal is to identify and implement substantive steps that will make a real difference at Auburn, impact our communities and stand the test of time.
Naming the student center for Justice Melton is but one example. In response to this decision, he said, “Auburn University has already given me everything I ever could have hoped for in a university and more. This honor is beyond my furthest imagination.”
Our job as leaders at Auburn is more than honoring the Harold Meltons and Harold Franklins who played a significant role in the history of our university. It is also to create an inclusive environment that serves our student body and to establish a lasting legacy where all members of the Auburn Family reach their fullest potential in their careers and in life.
Opinion | Alabama lags behind the nation in Census participation with deadline nearing
The United States Census is starting to wind down around the country with a Sept. 30 deadline for the national population to be completed. However, a United States District Court has recently ruled that the date may be extended another 30 days to allow more time for the census to take place.
Regardless of the deadline, Alabama has work to do when it comes to the census.
To date, the national average for participation around the country has been almost 65 percent for the census.
Unfortunately, Alabama residents are providing data to the census at a lower percentage, around some 61 percent of the state population.
There is already concern among state leaders that if that number does not reach above 70 percent, then the state will lose a seat in Congress, a vote in the electoral college and millions of federal dollars that come to the state every year.
The percentage of participation has varied widely around the state, from a high of 76 percent in Shelby County to a low of 36 percent in neighboring Coosa County.
State leaders are making a final push to request Alabama residents fill out the census in the last month before it is closed.
We will find out later this fall if Alabama passes the national average of participation in the census compared to other states to retain both its future representation and share of federal dollars.
In the meantime, Alabamians need to fill out their census forms.
The state is depending on it.