Jamie Raskin

  • January 6, 2011
    Although many Tea Partiers proclaim to be populists and staunch defenders of the Constitution, a look behind their lofty rhetoric reveals yet another political group devoted to corporate interests, according to a new study by Jamie Raskin, a Maryland state senator and law professor at American University.

    Raskin, also a senior fellow at People For the American Way, writes in "Corporate Infusion: What the Tea Party's Really Serving America," that the "Tea Party movement dresses up its agenda in populist, constitutional and libertarian rhetoric but these gestures are almost always in service of a conservative corporate agenda."

    A century ago, Raskin notes, populists fought "against the ‘coercive potential of the emerging corporate state,' in the words of historian Lawrence Goodwyn (Democratic Promise, 1976). They fought hard for the Constitution to be a charter of democratic rights, freedoms and powers that could enable the people to achieve collective social progress."

    Moreover, Raskin notes the "striking historical irony" of the movement's use of the Tea Party moniker.

    Raskin writes:

    The original Boston Tea Party was a mass popular movement against the special favors and subsidies that the British parliament conferred upon the East India Company, a rapacious corporation that cultivated cozy relations with politicians and an official monopoly on trade with the Far East. When the managers of the East India Company found themselves on the verge of bankruptcy because of their wild and predatory behavior, the Parliament bailed them out by passing the Tea Act of 1773, which exempted the company from having to pay any and all of the taxes that England imposed on colonial merchants, thus essentially extending the company's monopolistic favor to North America.

    This act of corporate welfare and favoritism on behalf of a corporate giant with no connection to the towns and farms of the local communities --not unlike the sweetheart deals and bail-outs regularly cooked up in our time for major corporations-harmed local merchants and was an assault on fair trade in the colonies . It aroused an enormous public fury. Opposition to the bloated subsidies for the East India Company exploded in a spectacular outbreak of anti-British and anti-corporate civil disobedience on December 16, 1773 when patriots disguised as Mohawk Indians boarded three of the company's ships and poured the ample contents of the tea chests into Boston Harbor. This was the Boston Tea Party.

    Today's 'Tea Party' movement arises in a moment of far greater corporate misfeasance and political corruption. However, it remains curiously silent on even the most shocking corporate crimes and depredations. These misdeeds have been made possible by deregulation, weak oversight, cozy relationships among government officials and lobbyists and executives, and the capturing of regulatory agencies by the regulated industries. A Tea Party that lived up to its honorable name today would have spent the 2010 election demanding that the government bring to justice the large corporations that caused far more harm to Americans over the last decade than the East India Company ever did.

     

  • October 21, 2010
    Guest Post

    By Jamie Raskin, a professor of constitutional law and the First Amendment at American University's Washington College of Law and a Maryland State Senator. He is the author of several books, including We the Students: Supreme Court Cases for and about America's Students, and founded the Marshall-Brennan Constitutional Literacy Project.
    Delaware Republican Senate nominee Christine O'Donnell looked ridiculous Tuesday when she questioned whether a prohibition on establishment of religion is actually part of the First Amendment. She was on only slightly firmer ground when she aggressively challenged her Democratic rival, Chris Coons, to show her where the "separation of church and state" is found in the First Amendment. Of course, the phrase does not literally appear in the First Amendment, but it was President Thomas Jefferson's cogent recapitulation of what the Establishment Clause and Free Exercise Clauses together created for the American people, and we should take this opportunity to celebrate his indispensable metaphor.

    In his famous 1802 Letter to the Danbury Baptists, who sought his help in escaping a state tax selectively imposed to fund the Congregationalist churches, Jefferson developed the image that has indeed become our national shorthand for understanding the First Amendment's religion clauses. Jefferson wrote:

    Believing with you that religion is a matter which lies solely between man and God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between church and state. (emphasis added)

    Notice that this original explanation of the "wall of separation" depends centrally on the freedom of each person to follow his or her own religious and spiritual path without official interference. The state may not endorse specific religious doctrines and impose them on the public because that slide into theocracy would destroy or threaten the religious freedom of everyone who belongs to another religion (or none at all). Conservatives who attack the wall of separation are attacking the very idea that has given Americans the freedom and security to become among the most religious people on earth.

  • October 6, 2010
    Guest Post

    By Jamie Raskin, a professor of constitutional law and the First Amendment at American University's Washington College of Law and a Democratic State Senator in Maryland serving on the Senate Judicial Proceedings Committee.
    First Amendment principles are best tested at the extremes, which is why the history of free speech jurisprudence is filled with passionate extremists of all stripes: zealots, dissidents, visionary conscientious objectors, and fanatical bigots. Where would the freedom of expression be without reviled anti-war socialist and anarchist agitators, Klan propagandists and weekend fascists, recalcitrant Jehovah's Witnesses, civilly disobedient civil rights protesters, anti-abortion fanatics, flag-burners from the Revolutionary Communist Youth Brigade, narcissistic capitalist pornographers, and middle-school Quaker peace activists who refuse to take off their black armbands?

    Into this schizophrenic pantheon of racist sinners, ideological firebrands and revolutionary saints strides now the appalling Reverend Fred Phelps, whose ideologically inbred Westboro Baptist Church has made it a hobby to travel all over America picketing at military funerals and broadcasting a weird mix of homophobia and anti-Catholic, anti-Jewish and anti-American propaganda. The signs carried by forlorn members of the Phelps family say: "Fags Doom Nations," "God Hates the USA/Thank God for 9/11," "Pope in Hell," "Fag Troops," "Semper Fi Fags," "Thank God for Dead Soldiers," "Priests Rape Boys," and "God Hates Obama."

    It's the special effect of maniacs like the Rev. Phelps to infuriate everyone in his path, and his only real contribution to public progress may be to have antagonized both the gay and lesbian community seeking to overturn the military's "don't ask, don't tell" policy and right-wing Senators who have traditionally thought there is no place for gay people in the armed services. Perhaps the evidence of such rank religiously based homophobia will encourage these conservatives to rethink their views.

    In any event, Snyder v. Phelps provides an opportunity to restate some First Amendment essentials. Obviously people have a right to say racist, sexist, unpatriotic, stupid and homophobic things; moreover, they have a right to say them in public in a way that offends other people and gets them mad. As Justice William Brennan put it in Texas v. Johnson (1989) the flag-burning case, "If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."

    This principle applies regardless of whether the state would criminalize such speech directly or punish it through a civil tort action, which is what happened in this case when a jury awarded the family of Marine Matthew Snyder, who was killed in the line of duty, nearly $11 million in damages against Phelps for intentional infliction of emotional distress and invasion of privacy relating to his "God hates fags" picket at Snyder's funeral in Westminster, Maryland.

    The Supreme Court has repeatedly found that the First Amendment is offended when courts award civil damages against people because of their speech. That is the story of New York Times v. Sullivan (1964), where the Court stopped the Alabama judiciary from using libel suits to stifle criticism of official racism. And it is the story of Hustler v. Falwell (1988), in which the Court denied fundamentalist preacher Jerry Falwell's tort damages against Larry Flynt and Hustler magazine for intentional infliction of emotional distress when the magazine published a truly outrageous pornographic cartoon parody starring Falwell and his mother. I know people who think that there must be a legal cause of action every time they are offended, but they should recall what Lenny Bruce said: "My parents came to America to be offensive!"

  • January 5, 2010

    This fall, at American University (AU) in Washington, D.C., ACS Executive Director Caroline Fredrickson moderated a debate about whether to replace the electoral college with a national popular vote in presidential elections. Critiquing the national popular vote plan were John Samples, Director of the CATO Institute's Center for Representative Government, and Alexander Belenky, author of How America Chooses Its Presidents. Debating on behalf of a national popular vote were John Koza, Chairman of National Popular Vote Inc., and Jamie Raskin, a Maryland State Senator and Director of the Law & Government Program at AU's Washington College of Law, who previously outlined his positions on the electoral college for ACSblog here.

    With several states having made some movement towards embracing the national popular vote, video is now available here of this timely debate.