What Happened to Elizabeth Warren Has Roots in RacismBy JAMES GRIMMELMANN and JAN ELLEN LEWISFEB. 10, 2017
This week, the Senate voted 49 to 43 to silence one of its own members. Whether the Republicans who forced Senator Elizabeth Warren, the Massachusetts Democrat, to sit down knew it or not, they added another chapter to a long and infamous tradition of manipulating congressional rules to prevent an open discussion of race.
The move came as Senator Warren was participating in Democratic senators’ all-night speak-a-thon against confirming Jeff Sessions as attorney general. She had quoted a letter Coretta Scott King wrote in 1986 detailing Mr. Sessions’ history of voter suppression against African-Americans. A few minutes later, Mitch McConnell, the majority leader, objected that Ms. Warren had violated Senate Rule XIX, which says that no senator may “impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.” Although Rule XIX sounds like it’s about preventing personal attacks, Mr. McConnell used it to shut down debate on the qualifications of a nominee for a crucial cabinet position.
The closest precedent for this kind of censorious misuse of congressional rules was the House of Representatives’ use of the so-called Gag Rule, between 1836 and 1844. The Gag Rule was the House’s response to a rising tide of antislavery petitions. It adopted a rule in 1836 that the petitions would be automatically tabled. Any discussion of them was prohibited.
This was a brute show of political strength by proslavery representatives, who considered it a grave insult to let abolitionists speak.
President John Quincy Adams, then a member of the House representing Massachusetts, became an outspoken critic of the Gag Rule. He thought it made a mockery of the First Amendment right to petition the government. He argued that all petitions“should be received, whether they come from the wealthiest individuals in the land, or whether they come from the poorest or lowest in character,” and he challenged the Gag Rule at every opportunity for years.
In one famous incident, he inquired whether the Gag Rule would prohibit him from presenting a petition by slaves. His colleagues from the South were outraged, calling for Adams to be censured or expelled for “gross contempt” of the House, and threatened to stage a walkout and “go home to their constituents.” They satisfied themselves with a resolution that slaves had no First Amendment rights to petition the government.
The Gag Rule’s opponents finally mustered the votes to repeal it in 1844. Ironically, it had contributed to the rising antislavery sentiment in the North. The lash of an antislavery petition or a floor speech is nothing compared with the lash of the whip. So the spectacle of proslavery representatives falling over themselves with outrage at even discussing slavery helped convince many in the North that the South really did have something to be ashamed and defensive about. The Gag Rule, and the blustering attempts to enforce it, made slaveowners look pathetic and malevolent.
So when Senator McConnell said of Senator Warren, “She was warned. She was given an explanation. Nevertheless, she persisted,” his words had an ugly echo. John Quincy Adams was warned and given explanations, but he persisted too. His point — and Ms. Warren’s — wasn’t that they didn’t know the rules, but that the rules were unjust and antidemocratic.
In a historical coincidence, like Adams, Ms. Warren represents the state of Massachusetts. She occupies the same seat as Charles Sumner, who was nearly clubbed to death on the Senate floor in 1856 by Representative Preston Brooks of South Carolina, who was offended to the point of murderous violence by one of Sumner’s antislavery speeches. And Rule XIX itself was created in its current form in 1902 after the virulently racist Senator Benjamin Tillman assaulted his fellow South Carolinian Senator John McLaurin for saying that Tillman had uttered “a willful, malicious and deliberate lie.”
This is the legacy that the 49 Republicans who voted to silence Senator Warren embraced. It is a legacy that regarded the sensitive feelings of thin-skinned congressmen as more important than good government or the voices of the people — especially the voices of women and minorities. Adams was gagged for presenting antislavery petitions from women and blacks, Senator Warren for reading the words of a female civil rights icon. This is a legacy no one should want to preserve.
https://www.nytimes.com/2017/02/10/opin ... acism.html