THE SOUTH MARCH 5, 2013
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In the wake of last week’s Supreme Court arguments over the Voting Rights Act, the geography of racism is once again a topic of debate. None other than Chief Justice John Roberts kicked things off when he asked the act’s defenders—that would be the U.S. government—a 20-word question that brilliantly framed the entire debate: “Is it the government’s submission that the citizens of the South are more racist than the citizens of the North?” Roberts asked, pinning a very ragged tail on a very ugly donkey.
Unlike most debates about this question, this one has real implications. The landmark act requires that areas of the country with a particularly virulent history of racial discrimination must receive federal approval before making changes in their voting laws. To no one’s surprise, the majority of the states covered by Section 5 are located in the South. If the answer is “yes,” then a reasonable case can be made for upholding the existing law.
But I can’t help thinking that no one is going to be convinced. People see the words “racism” and “South” and, whatever their level of social enlightenment or position on immigration reform, their view is already fixed. It doesn’t matter whether it comes from doctrinaire northern liberals convinced that the entire South is one federal restriction away from launching a wistful, slave days lynch-fest, or if it’s shouted from the ramparts by hayfoot rebel martyrs who know in their hearts that New York, Detroit, or Chicago are the true racist hellscapes and that everyone north of the Ohio River who ever opened a perfidious Yankee textbook has been tricked by a litany of briar patch falsehoods and trailer gentry stereotypes.
Last year, I wrote a book about the South. It was not what you’d call a warm, loving embrace. All the same, the portion of the book where I tried to study the subject of Roberts’s question was the hardest to write. I tried to find a magic formula, aggregate statistics, gather a collection of irrefutable facts to show that what I felt to be true, what many of us feel to be true, is in fact the truth—that Southerners really are more racist than the rest of us. But the truth about bigotry in Dixie is that, with one or two exceptions (we’ll get there in a minute), you cannot prove that racism is worse in the South than it is anywhere else in the country.
From Uncle Tom’s Cabin to Roots to Django Unchained, a mountain of actual history and popular imagery would seem to support a view of Southerners as uncompromising bigots. From the Jena Six to Trayvon Martin, recent anecdotal evidence is as depressingly familiar as it is compelling. There are scholars who will talk to you for hours about the Southern centrality to racism. At Texas A&M University, Pulitzer Prize nominee, prolific author and sociology professor Joe Feagin told me a couple years ago that, “structural racism is much stronger in the South.”
“The South still has that underlying structure of slavery and Jim Crow,” Feagin told me. “The South is where it’s rooted most deeply and still is because it’s got half the black population of the country.”
Using more folksy language, Seth Myers made essentially the same point this past weekend on Saturday Night Live: “The South is the Michael Jordan of racism.”
Articulating the country’s widespread gut conviction, Feagin and Myers have a powerful argument. Pity that the facts don’t support it. Based on empirical evidence—scholars never tire of tracking wealth distribution, voting patterns, and the like—you simply can’t state unequivocally that racism in the South is worse than it is anywhere else in the country. The land of Harpers Ferry nostalgics may yield plenty of horrifying anecdotes and a bitter historic record to support such a view, but constructing a quantifiable measure of racism turns out to be nearly impossible.
Responding to Judge Roberts's question, U.S. Solicitor General Donald Verrilli, Jr. cleared his throat and answered no. And with good reason.
Through the years, researchers have devised a number of ingenious ways to measure racism and map its malice through empirical evidence. These assessments run a data gamut from income distribution to ethnic circulation within zip codes to property taxes allocated for public schools. Perhaps the most notorious measure of regional racism in the public realm is the infamous Hate Map published by the Southern Poverty Law Center in Montgomery, Alabama. A state-by-state accounting of active hate groups in the United States, the Hate Map is a lightning rod to Southerners and conservatives who consider the SPLC a communist/soccer playing/vegan/fitted tee type of organization whose primary mission is to besmirch their not-so-good names.
According to the SPLC’s 2012 data, there are currently 1,108 hate groups operating in the United States. A quick glance at the Hate Map reveals the kind of shitkicker-country distribution you’d expect to find. In a contiguous belt of states taking in Texas, Louisiana, Mississippi, Alabama, Georgia, South Carolina, and North Carolina, no state has fewer than 25 active hate groups. Tennessee has 39. Florida has 55. Georgia, an astonishing 65.
But, like virtually every measure of racism, a cursory glance at the figures is misleading. We see in them what we expect to see. “With few exceptions, the Hate Map generally tracks population, not Southern culture,” says Mark Potok, senior fellow at the SPLC and one of the country’s foremost authorities on racial extremism. “Zones where there is a historic cultural conflict like Southern California always have high counts.” California has 84 of them.
The Hate Map is by no means a perfect barometer of prejudice, but, as with certain other measures, it’s distinguished by the presence of a couple of Confederate outliers, in this case Mississippi (41 hate groups) and South Carolina (27). “South Carolina is by far the number one state for hate groups on a per capita basis,” Potok told me when I visited the SPLC in 2011, before Mississippi stole the Palmetto State’s crown. “We figure that every year and it’s always South Carolina.”
Following this week’s Supreme Court drama, I called the SPLC and spoke with Intelligence Project Director Heidi Beirich, who oversees the organization’s yearly tally of hate, hard-line, and anti-government groups. While agreeing with Potok’s assessment of the Hate Map, Beirich wasn’t entirely willing to play nice with the Skynryd nation. Take those notorious anti-immigration laws, first passed in immigrant-heavy Arizona, but since then adopted only in Deep South states like Alabama, Georgia, and South Carolina. “You look at voting problems and they show that racism, or at least institutional racism, is more intractable in the South,” Beirich concluded.
Without data, we’re left with anecdote. There’s plenty to go around. Based on my own travels through Dixie—and more than two years living in Texas—I do believe that, even without proof that racism is “worse” there, it’s fair to say that race consciousness is fundamentally different in the South than it is in the North.
There’s a preoccupation with skin color in the South that exists nowhere else. On radio call-in shows, in impromptu conversations, bars, churches, parks, barbershops, coffee counters, in discussions that have absolutely nothing to do with race, Southerners of all ethnicities introduce the topic as casually and as void of nuance as they might when bringing up the weather.
Atlanta-based sports journalist Spencer Hall once explained it to me this way: “Race is a topic of discussion in the South for the same reason unexploded ordnance is a topic of discussion in France and Belgium.”
And sometimes the ordnance isn’t even buried. South Carolina, home to the only black Republican U.S. senator, still proudly flies the Confederate flag in front of its capitol in Columbia. Tour the grounds of the gorgeous classical revival-style State House and you’ll find a shrine to slaveholders, racial oppressors, demagogues, and grits-munching political obstinacy.
Walking counter-clockwise from the north side of the domed capitol facing Gervais Street, you encounter a large bronze statue of Ben Tillman, South Carolina governor from 1890 to 1894 and U.S. senator from 1895 to 1918. “Pitchfork Ben” was also one of the most vehement white supremacists this country has ever produced, a man who publicly advocated lynching all black people uppity enough to vote. Tillman once said of African Americans, “We have scratched our heads to find out how we could eliminate the last one of them. We stuffed ballot boxes. We shot them. We are not ashamed of it.”
After Tillman comes a larger-than-life tribute to longtime Senator Strom Thurmond, the 1948 Dixiecrat pro-segregationist candidate for the U.S. presidency.
A chess jump from Thurmond is Wade Hampton on horseback upon a high pedestal. Hampton was the undeniably talented Civil War commander who in 1860 also happened to be one of the largest slave owners in the world. Following the war and Reconstruction, Hampton led the charge to deny blacks equal rights under the law and re-establish white rule in South Carolina, first as governor in 1876, then as a U.S. senator. Even as statuary, this is a man who looks like anything he says can and will be used against him.
The capitol’s more contemporary monuments are similarly unsettling, albeit more subtle. Fifty yards from Hampton is the African American History Monument. Erected in 2001, it’s a handsome piece of work with curved granite walls depicting scenes from the African American experience. Panels representing different eras in South Carolina history loom over the skeletal imprint of a slave ship packed with horizontal bodies.
Though no doubt conceived with noble intentions, it’s significant to note that, per orders of the African American Monument Commission set up by the state legislature to oversee its design, the monument wasn’t allowed to “represent any actual human being who actually lived,” according to Kenneth Davis, a member of the commission. Figures such as slave-revolt leader Denmark Vesey were censored out of the original design. The commission was chaired by then-state senator Glenn McConnell, a white man who’d been a vociferous supporter of keeping the Confederate flag on display on the State House grounds. Today, McConnell is South Carolina’s lieutenant governor. Online, you can find pictures of McConnell all dressed up pretending to be a Confederate officer accompanied by his slaves. And not on Halloween.
Symbols matter. They’re of vital importance to cultural identity. That’s why a large number of Southerners embrace theirs so ferociously. It’s also why Germany made public displays of the swastika illegal after World War II.
The argument here isn’t that that the North doesn’t have its own voting problems, or its own dubious pols, or even, in the case of New York’s Dov Hikind, pols who pose for dubious pictures. But so long as Southern officials like McConnell insist on clinging to their symbols of oppression, and so long as the majority of voters keep electing guys like him to some of the highest offices in their state governments, they’re going to have to live with being seen as the Michael Jordan of racism, even if they hung up that jersey long ago. And, like every other superstar who keeps begging for the limelight—by bringing cases to the Supreme Court or stoking Confederate nostalgia with bumper stickers and t-shirts—they’re going to have to get used to the fact that rest of the country can’t help but feeling a need to keep an eye on them. In that regard, the Voting Rights Act is a symbol, too.
16 comments
Of course, it was northerners (and westerners) who devised the Southern Strategy and fomented racial divisions to carry it out. On the other hand, entrapment is a weak defense for the predisposed. My view, offered as a Southerner, is that today's controversy about voting, including attempts at voter suppression, is more about class and less about race. Sure, politicians in the South often use racial language and symbols, but for the purpose of motivating white voters to support the conservative (i.e., Republican) candidate who will oppose policies and programs that benefit the poor and disadvantaged regardless of color. Indeed, efforts that single out African Americans for protection against voter suppression efforts serve as affirmation among some whites that it's all about race and not class. This isn't to say that racism doesn't exist in the South, because it does, but to make the point that voter suppression efforts exploit racial divisions in order to create class divisions. Poor blacks and poor whites have much in common, and the Southern Strategy was intended, at least in part, to create enough racial division that the poor whites won't notice.
- rayward
March 5, 2013 at 8:33am
Basman, you are not only splitting hairs, you are mangling them. The Voting Rights Act is about voting. Its irrelevant if people are (or are not) racists; what's relevant if they attempt to suppress the voting rights of Blacks. To repeat Ronerts asked & Thompson discussed the wrong question. Dan
- dbuck1
March 6, 2013 at 8:23am
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Chief Justice Roberts asked (& Chuck Thompson discussed) the wrong question. It's not is the South more racist than the North, but is the South more likely to suppress voting rights based on race than the North? Dan PS I don't know the answer, but that is the question.
- dbuck1
March 5, 2013 at 9:05am
2,5,13,4:29 pm, est///Not to split hairs, but how could that greater suppression happen without greater racism? Going just by the article, not having read the briefs or the oral argument, if there isn't evidence of greater racism as manifest in greater evidence of intentional racial voting suppression, there's no basis for sustaining section 5, is there?
- basman
March 5, 2013 at 4:35pm
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Maybe this is a naive question, but here goes anyway. Why is the VRA even being reviewed by the Supremes for constitutionality now, when it has presumably been deemed constitutional for all these years since its passage and renewal? I understand that the Act assumes some things about the intent that lurks behind certain states' actions w.r.t. voting rules and allows the DOJ the right to review those actions. Much as some states do not like these rules, these were judgments that Congress was entitled to make, and the fact that the Court never ruled the act unconstitutional before (I assume it was challenged) means that Congress acted constitutionally. As such, the only way their intent can be reversed or modified is by Congress repealing or modifying the VRA themselves. Why does the Supreme Court have any jurisdiction in the matter? I am assuming, of course, that the Constitutionality of the VRA is not in question, merely its applicability to certain states in the South.
- SRS
March 5, 2013 at 12:52pm
The Left dispensed with the old, static idea of "constitutional" back in the New Deal era. Now, the Constitution is seen as "flexible." This case is simply another flexure test.
- karlwk
March 5, 2013 at 8:01pm
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"At Texas A&M University, Pulitzer Prize nominee, prolific author and sociology professor Joe Feagin told me a couple years ago that, “structural racism is much stronger in the South.”" There may be more structural racism in the South, but on the other hand, Southern states tend to have much lower black-white incarceration ratios than the North. I think it's something like a factor of 2-4.
- snookybutts
March 5, 2013 at 1:18pm
Basman, Dbuck is precisely correct. The question of whether citizens of the South are more racist than citizens of the North is a broad, intractable question that is not before the Court and was not before Congress when it extended section 5 of the VRA a few years ago, by a vote of 98-0 in the Senate. The question is whether certain states (not all of them in the South) have demonstrated a record of discriminatory voting laws and procedures that have been challenged by the DOJ and invalidated by the courts. That question is subject to impirical analysis and was in fact subjected to a factual analysis by Congress. Justice Roberts' questions was not brilliant, but vacuous and tendentious. This is precisely the kind of congressional fact finding to which the Court should defer. Justice Scalia's suggestion that Congress' judgment is not worthy of deference because, in his view, it is motivated by racial politics, is the apex of hypocrisy. Dhurtado
- NR143296
March 5, 2013 at 10:58pm
3.5,13, 11:22 pm est,///Don't agree. The question was spot on and should have been answered in these terms, as I noted: "...evidence of greater racism as manifest in greater evidence of intentional racial voting suppression..." No greater racism, no greater suppression, the evidence of the latter supporting the fact, if it's so, of the former.
- basman
March 5, 2013 at 11:25pm
Sorry Basman. You are missing the point. The questions of whether racism is more severe or more prevalent in the states currently covered by Section 5 of the votings act is almost impossible to answer as an empirical matter. The question of whether certain states have have a greater incidence of their voting laws being challenged by the DOJ and invalidated by the courts is wholly answerable as an emprical matter. The former question is both unanswerable and irrelevant to the question of whether a state should continue to be subject to the pre-clearance provisions of section 5. The latter question does not require an inference of racism. The motive for voter suppression or discrimination may be purely political. But they violate the Voting Act nonetheless. Justice Roberts question is a disingenuous effort to try to argue that section 5 has no legitimate basis.
- NR143296
March 6, 2013 at 10:12pm
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Chuck Thompson explains that there is no good (or conclusive, or convincing, or honest, or "objective") evidence for the assumption that the south is "more racist" than other parts of the country. So instead he moves to a few anecdotes of his (Northerner) experience in the South as some kind of evidence ("evidence" that reeks of confirmation bias, in my opinion). Finally he brings up the tired old discussion of cultural symbols with the confederate flag as ultimate justification for his, in fact, unverifiable assertion of greater racism south of the Mason-Dixon. In style and in logic, his arguments are the same as creationists. He says, I can't prove this with objective evidence. I can demonstrate how my experience confirms what I have been taught, and finally continued symbolic authority is evidence of truth. Frankly, I expect better from contributors to the New Republic. As I see it, Thompson's is a fairly typical northerner assessment of the south and he is more than entitled to his (naive) evaluation. But what is distressing about this is how the politics of northern self-aggrandizement (barely copped to in the first sentence of the final paragraph) ultimately undercut the larger issue. Who cares where more racism happens? Is not the point to tackle racism in all its forms (individual, institutional, etc) and in all its different geographical manifestations? Dare I be overly sympathetic to a conservative, but I tend to think this was something of the larger point of John Roberts's question, too. From a legal perspective, he is addressing a law whose language was designed to attack racism in a time where racism was much more easily defined geographically than it is today. So his job is to assess if that old-fashioned language still has use for our current racial problems. The divisive power of laws written for outmoded needs (and, by the way, law is a place where symbolic power is much more real than the symbolic power of a flag waiving on a Friday afternoon) is of much greater concern for the country at large, at least to me. Of course I imagine Thompson would answer my hypothetical question with a resounding, "Yes." However, in the course of his discussion, it seems much easier to view the problem as "down there" rather than deal reflexively with the larger problems facing the nation. This pervasive mythology of the south as "more racist" thus only supports the assumption that "some of us" have transcended from our racist past, when the simple reality is that for the nation as a whole we all still experience extreme racial biases. Those are facts demonstrated by every income and education statistic published. But if "some of us" (a.k.a. "enlightened" Northerners) achieved racial transcendence, then they have no need to ponder the realities of their white privilege.
- elubarsky
March 6, 2013 at 5:44pm
3,6,13,7:00pm, est/// ...Who cares where more racism happens? Is not the point to tackle racism in all its forms (individual, institutional, etc) and in all its different geographical manifestations? Dare I be overly sympathetic to a conservative, but I tend to think this was something of the larger point of John Roberts's question, too...//// SCOTUS cares where it happens for the purposes of assessing section 5. Again, without yet having read the briefs or reviewed the oral argument, I cannot understand how section 5 can continue to stand absent a showing of greater suppression (hence racism) where it applies than elsewhere in America or, maybe, more precisely, assuming as I do, broadly speaking, Shelby County has the burden of persuasion that there is a comparable equivalence in minority ease of voting in applicable and non applicable parts of the United States. So the issue isn't for judicial purposes, I wouldn't imagine, as you put it, "...to tackle racism in all its forms (individual, institutional, etc) and in all its different geographical manifestations" for as obviously laudable as that is.///Thompson veered off trying to suggest by evidence that the South is more racist than the North, and lends a certain incoherence, I think, to his piece. He seemingly frames it within the question raised by Roberts, and started off trying to show some evidence based support for the answer being "yes," and then launched into, as you note, an anecdotal account of why more southern racism exists. An anecdotal account may comprise a certain kind of essay or article but not one apparently looking for an answer to Roberts's question in terms the court could receive.///Finally on NPR today, in the second hour of On Point, section 5 was the issue and the two guests were an Alabama state senator, whose name I didn't get, arguing for that very equivalence, and a former black Alabama, I think, federal judge, the only black Alabaman to hold that office, whose name I also can't remember. Roberts's question has clearly carried itself into the larger culture because the moderator led off by asking it of the former judge. And the judge made no bones about it, answering explicitly "Yes!"
- basman
March 6, 2013 at 6:50pm
Thompson's point is that, though he thinks there is anecdotal and experiential evidnece that the South is more racist than the North, he thinks the proposition is NOT provable as an empirical matter.
- NR143296
March 6, 2013 at 10:55pm
3,6,13, 11:35 pm, est// To repeat: if more suppression, disqualification, disenfranchisement, what have you, of the black vote can be proved to exist where Section 5 applies compared to where it doesn't, greater racism will have been proved. Then, any contention that Roberts's question cannot be empirically answered will be belied. ////I have started to glance at the oral argument and that kind of evidence seems the immediate brunt of the first questions Kagan hits appellant counsel with. ////On the other hand, if, as they say, all too often, "at the end of the day," greater suppression can't be proved, it's hard for me to see Section 5 sustained. In either case, Thompson's "anecdotal and experiential evidence," an arguable oxymoron, means, obviously, nothing legally and, perhaps, more to the point, very little journalistically, as ELUBARSKY argues.
- basman
March 6, 2013 at 11:32pm
To repeat, Basman, the question of whether certain states have a history of discriminatory voting laws and procedures that is greater than that of other states is not the same question as whether they are more "racist" than other states. First, discriminatory laws are not necessarily motivated by rasism. The may be motivated by politics or other considerations. Second, and more importantly, racism manifests itself in a myriad ways other than voting laws. Texas may have a worse record than Illinois with regard to voting laws, but Illinois may be more discriminatory than Texas in othe ways. That one state has a worse record than others with regard to voting laws is empiracally provable, and has been proven to the U.S. Congress' satisfaction. Congress' fact-finding capacity in that regard is far superior to that of the Supreme Court. On the other hand, the general question of whether one state is more "racist" than another is much more difficult, if not impossible, to answer based on empirical evidence. Roberts is posing the question that way on purpose, because, in his view, section 5 is unconstitutional precisely because it based on a unprovable, and perhaps false, hypothesis, i.e., that the states subject to section 5 are more "racist" than other states. Dhurtado
- NR143296
March 9, 2013 at 11:22pm
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3,7,13, 6:53 pm, est////// FWIIW, I finally just finished listening to the oral argument in the Shelby County case. My call: 5:4 vote against Section 5, the votes breaking along the "usual suspects" divide.
- basman
March 7, 2013 at 6:58pm