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I
realizedthis
was a story
that the public
had to know
about before
yet another
war was
launched.
All too
frequently
the
governments
real concern
is about
covering up its
own wrong-
doing.
Trusted
sources in
Washington
are scared
to talk by
telephone, or
by email, or
even to meet
for coffee.
I
n the end, whether risen goes to jail
for contempt or not, the last seven years of
his battling subpoenas are well-designed to
intimidate other investigative reporters,
Pentagon Papers whistleblower Daniel
Ellsberg told The Nation. Likewise, Sterlings ordeal
comes from a strategy to frighten potential whistleblow-
ers, whether he was the source of this leak or not. The
aim is to punish troublemakers with harassment, threats,
indictments, years in court and likely prisoneven if
theyve only gone through ofcial channels to register
accusations about their superiors and agency. That is, by
the way, a practical warning to would-be whistleblowers
who would prefer to follow the rules. But in any case,
whoever were the actual sources to the press of infor-
mation about criminal violations of the Fourth Amend-
ment, in the NSA case, or of reckless incompetence, in
the CIA case, they did a great public service.
Such public service is the kind of good deed that rarely
goes unpunished. Attorney Jesselyn Radack, who directs
the program on national security and human rights at the
Government Accountability Project, described the grim
terrain that confronts whistleblowers, especially the ones
charged under the Espionage Act: When journalists
become targets, they have a community and a lobby of
powerful advocates to go to for support. Whistleblowers
are in the wilderness. Theyre indicted under the most
serious charge you can level against an American: being
an enemy of the state.
The case against Sterling has inched toward trial.
In June, the Supreme Court let stand a Fourth Circuit
decision that no journalists privilege exists covering the
condentiality of sources, a decision avidly sought by the
Justice Department. The government successfully ap-
pealed an order by Judge Brinkema throwing out two
of its witnesses. A pretrial conference is expected later
this fall, and unless theres a plea dealwhich appears
increasingly unlikelythe Sterling case will be headed
to trial by spring. Risen remains resolute that he will not
betray a source; its anyones guess whether that will re-
sult in his imprisonment.
If the governments indictment is accurate in its claim
that Sterling divulged classied information, then he
took a great risk to inform the public about an action
that, in Risens words, may have been one of the most
reckless operations in the modern history of the CIA. If
the indictment is false, then Sterling is guilty of nothing
more than charging the agency with racial bias and go-
ing through channels to inform the Senate Intelligence
Committee of extremely dangerous CIA actions. Either
way, Jeffrey Sterling is now facing dire consequences as a
whistleblower in the Obama era. n
W
hen darren wilson, a white police
ofcer in Ferguson, Missouri, shot
and killed Michael Brown on Au-
gust 9, King D. Seals, age 27, was at
the crime scene within the hour. He
lives just a few blocks away from Caneld Green, the
predominantly black apartment complex where the un-
armed teenager was shot. He saw Browns body, which
would lie on the street for an additional three hours. It
wasnt even a protest yet, Seals said about the gather-
ing when he rst arrived. It was a black boy being shot
in the community. It was about ten other women and
men out there, and the family. The next day, members
of the community passed around a large plastic bag for
donations to Browns family. Seals put in $100; others
donated $50, $20, whatever they could. By the end of the
day, the bag was lled with money. Before it became a
riot, before it became a protest, it was just the commu-
nity coming together, Seals said.
On the second night, there was a protest on West
Florissant Avenue, and the St. Louis County police met
it with armored vehicles, M-4 ries and riot gear. Of- J
E
F
F
R
O
B
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R
S
O
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/
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by STEVEN HSIEH AND RAVEN RAKIA
The protests that followed the police shooting of Michael Brown created a network of youth in revolt.
AFTER #FERGUSON
The Nation. 19 October 27, 2014
cer Wilson remained unidentied and unarraigned,
even as protesters called for his arrest. During the rst
week, a few demonstrators resorted to property damage
to air their grievances. Seals remained on the front lines
through the height of the police crackdownand not for
the rst time. Last year, he protested when Cary Ball Jr.
was fatally shot twenty-one times by police ofcers in
St. Louis City. He is still in contact with Balls mother.
Recalling the differences between last years demonstra-
tions and this years, Seals said that the protests in the
wake of Browns death were more effective. After Ball
was killed, we did everything positive; we did every-
thing peacefulI feel like [the Ball protest] is a prime
example that when you do things quote-unquote the
right way, you dont get any results. The internal police
investigation later declared the shooting of Ball justied.
The outcome of last years protests left Seals distrust-
ful of community leaders like Antonio French, a Ferguson
alderman, and the clergy in St. Louis, who have urged
a voter-registration campaign in the wake of the recent
protests. After watching politician after politician come
and go without any improvement in the communities hes
grown up in, Seals is skeptical that voting will solve the
many problems plaguing the area, especially the poverty
and systemic racismproblems he knows all too well
from mentoring local kids, the same people out there
ghting and putting their lives on the line every day [at
the protests]. The same kids that are written off as thugs
and criminals and nothing.
Since the protests began, a few people have started
to call him and several friends the Ferguson Freedom
Fighters. Moving forward, Seals hopes to improve eco-
nomic security for the black community in Ferguson. Al-
though the citys resident population is about 67 percent
black, the majority of businesses there (55 percent) are
white-owned. Seals plans to create a T-shirt print shop
that would provide local black youth with jobs. We
dont need leadership; we need ownership, he said. We
need black-owned businesses in the black community.
We need a whole different system; we dont need a dif-
ferent person in the [existing] system.
Seals recalls getting harassed by police ever since he
was old enough to leave the house alone. Its like South
Africa apartheid out here, he said. Why [are] all these
white people controlling these black communities?
T
he ferguson freedom fighters were
not the only ad hoc group to form in the
crucible of the Michael Brown protests.
Marching for justice during the day, and
running through clouds of tear gas by
night, young protesters bonded and shared ideas. Cliques
formed, occasionally along the lines of common interest
or social class, but more often by happenstance: the Lost
Voices, the Millennial Activists United and Hands Up
United. When the protests slowed, these groups stayed
in touch. They held strategy meetings in churches and
schools, attended training sessions by national organiza-
tions, made T-shirts and solicited donations. They have
shifted the political culture in the city, and their goals, as
they develop, will be crucial to its future.
This new generation of protesters represents a marked
break with the older generations of black leaders in the
city. They disagreed with the tactics of the civic leaders
and clergy members who, for example, urged protesters to
obey police curfews widely viewed by the young people as
disrespectful of the communitys legitimate outrage. Most
of these older leaders already had a stake in the political
process in St. Louis through nonprots or as politicians.
National gures like Al Sharpton and Jesse Jackson were
treated with similar skepticism. Jackson was booed at a
rally when he asked for donations. Resisting co-optation,
the majority of St. Louiss young protesters took matters
into their own hands. As Dr. Reynaldo Anderson, assistant
professor of the humanities at Harris-Stowe State Univer-
sity, told The Nation, the protesters are not interested in
hearing what the establishment has to say. But that doesnt
mean theyre going to go off in the other direction and lis-
ten to what the old-line...black nationalists have to say ei-
ther. I suspect theyll come up with someone quite unique,
[someone] that is empowering to them in their community
but still has the ability to cooperate with people who are
not members of the community.
The protests that followed the police shooting of Michael Brown created a network of youth in revolt.
AFTER #FERGUSON
Steven Hsieh is a
freelance writer
from St. Louis.
Raven Rakia
is a freelance
journalist focused
on policing and
prisons and based
in New York City.
The Nation. 20 October 27, 2014
The young activists have not, however, ruled out help
from outside groups offering training and expertise. Ac-
tivist icons like Harry Belafonte and Cornel West held a
number of calls with them, offering counsel and encour-
agement. Whats happening in Ferguson right now is
young black folks deciding they have the ability within
them and the power within them to change the condi-
tions in which they live, said Charlene Carruthers, na-
tional coordinator of the Black Youth Project 100, who
traveled to Ferguson to teach St. Louiss newly activated
youth how to organize and win campaigns. Much as the
killing of Trayvon Martin in 2012 galvanized national
organizations like BYP100 and the Dream Defenders,
Browns death awakened many of St. Louiss youth. In
Ferguson, were going to continue to do that work in
helping them build capacity specically among young
black people, Carruthers said. So making sure they
have the training and also the critical analysis, [thats]
how we put those things together and turn [them] into
transformation in our communities.
O
ur work is in the beginning stages
of going national, said Ferguson ac-
tivist Taurean Russell. People are see-
ing we have political power, and you
also have power of the people. People
are willing to put their bodies on the line. Russell works
with Hands Up United, a new coalition that includes the
Organization for Black Struggle and Missourians Orga-
nizing for Reform and Empowerment, two long-
standing groups dedicated to combating injustice
and inequality.
I had never protested, marched or anything
like that before, Russell recalled. Then I saw that
body lying out there for four hours and said, That
could have been me. He remembered turning
off his TV and driving down to the scene of the
shooting that afternoon, where a crowd had al-
ready gathered. Russell tweeted out a call to action
and joined a group of eight other rst responders.
They marched to the Ferguson Police Department to
get answers.
Two weeks after the shooting, Russell, along with local
rapper Tef Poe and activist Jeffery Hill Jr., held a press
conference to unveil a list of demands. Seated before the
gathered members of the local and national media, they
called for the immediate arrest of Ofcer Wilson, the re-
moval of St. Louis County prosecutor Robert McCulloch
from the case, a federal civil-rights investigation of north
St. Louis Countys police departments, and the ring of
Ferguson Police Chief Thomas Jackson. This was the
rst time the trio spoke under the banner of Hands Up
United, which has become one of the more visible forces
in the ongoing search for justice in Ferguson. Russell and
his colleagues are still leading efforts to register voters,
train activists and organize further actions.
Hands Up United was joined in the protests by Mil-
lennial Activists United, a group made up of nine students
and recent grads who were initially more focused on doc-
umenting the events. MAUs membersve women and
four menmet through Twitter during the early days of
the protests on West Florissant Avenue. They quickly de-
veloped a tight-knit community, sustained by their addic-
tion to social media. Together, they live-tweeted, Vined
and Instagrammed every protest, through the sweltering
days and tumultuous nights, as well as the direct actions
taking place elsewhere in the St. Louis area. Their fol-
lower counts skyrocketed.
In the beginning, the members of MAU played a
mostly supporting role in the protests, while producing
a steady stream of tweets. Theyd offer rides to people
who wanted to attend the protests but didnt have the
means. Theyd take part in direct actions called by exist-
ing grassroots organizations. During one of these ral-
lies, a demonstration outside the building that houses
Governor Jay Nixons St. Louis ofce, 28-year-old
Larry Fellowsone of the nine members of what would
become Millennial Activists Unitedwas arrested and
charged with failure to disperse. After this, the group
became a cornerstone of the Ferguson protests.
There was just one problem. People kept asking
us who we were with: What organization do you work
for? Fellows recalled. We couldnt answer them. That
was how all that came about. We didnt really have a
name until September.
These days, MAU has decided to put its efforts
toward political education. There needs to be some-
thing in place where people that want to run for ofce
in their own communities can be well prepared and well
equipped to do so, said Brittany Ferrell, a 25-year-
old student and Millennial Activist. If they un-
derstood the power in that, they could cause a
shift in a major way. The rst step was to hold
weekly Twitter discussions under the hashtag
#FergusonFriday, which continue to this day.
Johnetta Elzie, another 25-year-old student
and MAU member, traces the groups role to a
larger national movement to defend the lives of
young black men. We saw it with Trayvon Mar-
tin. We saw it with Jordan Davisbut I always felt
away from everything. Then I saw Browns body
laying out there, and I said, Damn, they did it again!
But now that it happened in my home, Im not just going
to tweet about it from the comfort of my bed. So I went
down there. You could still see the bloodstains deeply
and darkly in the streets after they moved his body.
N
ot all of the young activists have
rejected the older generations call for a
focus on voter registration in Fergusons
black community. Jazminique Holley was
just 8 when her godfather, a 26-year-old
black man, was shot and killed by the St. Louis Police.
He was unarmed. I remember we were marching,
she recalls. We chanted No justice, no peace! in Pine
Lawn, but we never got justice.
Years later, Holley, now 24 and in her last year at
Harris-Stowe State University, nds herself organizing
around the killing of Michael Brown. The president of
the universitys NAACP chapter, Holley led a canned-
good food drop-off in Caneld Green and organized
cleanup crews during the day. Although she would of-
A Lost Voices activist
leads a march in
Ferguson. The
acronym on the
protesters T-shirts
stands for Get It By
Any Means.
Our work
is in the
beginning
stages of going
national.
Taurean Russell,
Ferguson activist
R
A
V
E
N
R
A
K
I
A
The Nation. 21 October 27, 2014
ten leave before the heavy police presence at night, she didnt dis-
tance herself from some of the other nightly protesters. I think
we all want the same thing, which is for justice to be served. I
think we are all going about it differently, she said. Theyre
hurting. [Some] are just expressing themselves in a more aggres-
sive waybut I cant say the way they expressed themselves was
the wrong way.
On August 17, she organized a panel discussion at Harris-
Stowe titled Truth Has No Color. The guests included Jesse
Jackson and retired judge Greg Mathis, along with several young
or student organizers who had been active in Ferguson. She hopes
to do another panel focused on healing. We need to heal those
wounds rst, she told The Nation. As for long-term solutions,
Holley believes that voter registration and education will prove to
be an effective strategy. We need to vote in elected ofcials who
like or respect us African-Americansand in some cases, we need
people who look like us, she said. You cant respect people who
dont understand your struggle.
A
long with refocusing the national spotlight
on Americas race problem, the Ferguson protest-
ers can already claim at least two other victories.
On September 4, the Justice Department launched
a probe of the Ferguson Police Department to de-
termine whether its ofcers engaged in a pattern of civil-rights
violationsa mere rung below Hands Up Uniteds demand for
a countywide investigation. Four days later, the Ferguson City
Council announced a set of proposals in response to the protests,
including a reduction of the municipalitys crippling ticket fees,
which had come under intense national scrutiny, and the establish-
ment of a civilian review board to monitor police activities. Still,
even with this progress, dont expect Ferguson to fade away any-
time soon. More than 3,000 residents have registered to vote in
the next election.
As the national media turned their attention elsewhere, a group
of young activists calling themselves the Lost Voices rose to prom-
inence. Its members, ages 15 to 26, staked out a campsite behind
a barbecue joint at the corner of Caneld and West Florissant,
where they slept for weeks. Community members and fellow ac-
tivists, inspired by their dedication, donated tents, food and other
essentials, as well as a basketball hoop. The ten activists took to the
streets every night at 7 pm to march and chant, encouraging others
to join. If people riding on the street see us every day, its going to
make a difference, said Cheyenne Green, a 21-year-old resident
of neighboring Dellwood. It didnt take long for others to rally
behind the Lost Voices enthusiasm.
When the police dismantled the activists campsite, forcefully
arresting two in the process, outrage ensued. Hands Up United
posted a video of the raid on its website. Members of MAU tweet-
ed their support. Although the many emergent activist groups in
Ferguson vary in their tactics, it is clear that they see themselves
ghting for a common cause.
Two months after Michael Browns death, theyre still ghting.
Protests at the Ferguson Police Departments headquarters happen
regularly. Activists arent afraid to be arrested, blocking roads and
disobeying commands to disperse to bring attention to their move-
ment. The grand jury hearing evidence on Ofcer Wilsons role in
the shooting is due to make its decision soon, and rumors swirl that
those seeking justice for Brown will not be happy with the result.
What happens next will be shaped by Fergusons newest, youngest
and fastest-growing political force. n
The Nation on
WATERGATE
19522010
Foreword by
Elizabeth
Holtzman
Edited by
Richard
Kreitner
SMOKING GUN
Available NOW!
Go to
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The Nation. 36 October 27, 2014
years worth of diary entries, which Amy
wrote in a looping script, and which you
hear her read in voiceover in the tones of a
radio actress telling a bedtime story.
The diarys tale does have its picture-
book aspects. As Fincher visualizes the
entries, translating them into dark-hued
sequences that he intercuts with the present-
day investigation, you learn that Amy grew
up in public as the model for a popular
childrens-book character called Amazing
Amy, the perfect little girl who could suc-
ceed in everything, including making the real
Amys parents rich. It was impossible to live
up to this fictional double, Amy told Nick
soon after meeting him in New York. Still, as
we see, she came close enough to the image
to be witty, poised and sophisticated, even
while pouring saccharine- laced acid over her
parents creation; and she found Nick to be
just handsome and smooth-talking enough
to stand in for a fairytale prince. From being
a character in stories, Amy progressed to
screwing among them, as she and Nick dared
each other into a quickie in the deserted aisle
of a used-book shop. They were that fasci-
nated with their lives as a dazzling fiction.
They were that determined to be sexy, clever
and forever superior to the boring people.
Then the recession hit, they lost their
jobs and most of their money, and the com-
mon rut opened before them. Nick dragged
Amy back to his sad little hometown, where
he was content to teach a few classes at the
local college and be co-owner of a financial
sinkhole of a bar. At this point, according
to the history in Amys diary, he became
neglectful, angry, frightening. At a corre-
sponding moment in the present-day story,
the one that Detective Boney is construct-
ing, Nicks behavior becomes questionable.
And now, as it reaches full speed, Gone
Girl bursts into yet another storytelling mode,
that of the twenty-four-hour TV news cycle.
Here, too, the narrative is in the hands of a
womana poof-headed blond fury (Missi
Pyle) who judges people from the bench of
a cable channelaided by an ever-expanding
force of video crews, newspaper photogra-
phers, and random people who want to grab
a selfie with Nick and post it wherever, includ-
ing on the furys show. American film has a
long tradition of both satirizing the scandal-
and-sentiment industry and drawing energy
from its ballyhoo: think of Nothing Sacred,
Hail the Conquering Hero, Ace in the Hole. Gone
Girl stops ticking and finally detonates the
moment it makes contact with this heritage
when Amy, having been reduced to a beautiful
photograph, becomes permanently Amazing,
and Nick turns into a TV character, known
everywhere by his embarrassed grin and un-
persuasive nice-guy posture.
Affleck, who is predictably good at being
the swaggering and seductive Nick, is even
better in Gone Girl in his moments of ex-
cruciating self-consciousness. (I cringe, even
now, to think of one of the speeches he makes
before the TV cameras, with every note ex-
actly off-pitch.) With an admirable lack of
vanity, Affleck also shows you the Nick who is
petulant, morose, sluggish, nasty and badly in
need of something to spur him into action. Its
a performance of impressive rangeand so,
too, is Rosamund Pikes. Hers is more difficult
to discuss, in part because she is cast for her
inborn ability to look and sound like a real-life
Amazing Amy. Let me just note that Pike has
another side, tooit came out in the pro-
foundly British sci-fi comedy The Worlds End,
in which she fought hand-to-hand against
alien robotsand this quality is not wasted in
Gone Girl. In fact, Gone Girl is deep in actors
with strong credentials in comedy: not only
Pike and Missi Pyle but also Tyler Perry, Neil
Patrick Harris, Casey Wilson and Patrick
Fugit. For a thriller that is ostensibly about
a mans murderous rage against his wifeor
the wifes desperation at the boredom of her
marriageGone Girl is cast for buoyancy,
even with the actors playing it straight.
This tone perhaps explains why the end-
ing of Gone Girl, though grim and claustro-
phobic, sends you out of the theater with
a smile. Its a joke to see the Minotaur of
success feed on people who have spent their
lives racing toward hima good enough
joke that only the most chronically self-
critical moviegoer would go away wonder-
ing Am I that bad? rather than thinking,
with pleasure, Thank God thats not me.
And this tells me that the most dread-
ful problem in Gone Girl is finally not the
terrifying unknowability of ones spouse.
Its the corrosive effect of an American
smugness that Fincher presents as almost
universal, shared by everyone from the
beautiful young thing with two Ivy League
degrees to the casual criminal holed up in
a trailer park. In Gone Girl, we all think we
know everybody else, because TV tells us
so. And like that trailer-park resident at the
secret heart of the movie, were only too apt
to watch a cable-news report about Amy and
say, She probably had it coming.
O
ne of the pleasures that film festivals
allow is the Rorschaching of themes
and mini-clusters out of a big blot of
cinematic this-and-that. The New
York Film Festival, which opened in
late September with Gone Girl, has been
particularly generous to pattern-seekers this
year by also selecting Mathieu Amalrics
excellent The Blue Room, a nicely contrasting
mystery about an unhappy provincial mar-
riage and suspected murder.
Adapted from a novel by Georges Sime-
non and brought to the screen in an appro-
priately brisk seventy-six minutes, The Blue
Room is a story about sexual desire as an over-
whelming force, incapable of being ignored
or mistaken, and about the ambiguity of
almost everything else: memory, language,
actions and motives. This imbalance is es-
pecially unfortunate for the protagonist of
the story, an agricultural agent named Julien
(Amalric), who is small of stature, impover-
ished and hardworking by background, and
seems to have been destined from childhood
for anything but a grand passion.
Yet there he is at the beginning of The
Blue Room, locked in voracious sex with the
tall, superb Esther (Stphanie Clau), while
a lush, minor-key string rhapsody plays
on the soundtrack and afternoon sunlight
seeps through a hotel rooms blinds. Brief,
static views, as sharp as hammer blows
a detail of the room, a strand of pearls, a
drop of blood on Juliens lip, the opening of
Esthers thighsnail the adulterous couple
into their union.
Then equally abrupt views of a police
station and a magistrates office nail Julien
into some unspecified trouble, almost a
year later. He is being asked for the details
of his tryst with Esther, over and over
again. From what weve seen, he tries to
reply honestly. But something doesnt add
up for the investigators. Life is differ-
ent when you live it, is all Julien can say,
from when you go back over it later. Sure
enough, the episodes we see in scrambled
flashbacks, leading somehow to death and
then more death, are no more than puzzle
pieces, which can be assembled in one way
by a prosecuting attorney and in another,
too late, by a glance from Julien as he help-
lessly sits on trial.
One of the great contemporary actors
a vivid bright-eyed dancer, multidirectional
fount of wit, dialogic fencing master, Pierrot
and picaroAmalric has muted himself to
play Julien, rarely using anything more than
a small, restrained gesture in deference to
Amalric the director. Like the quick, sharp
views of the visual scheme, the performance
serves the ambiguities of the story. The big-
gest effect you get is a subtle trembling of
Amalrics face at the end, as Julien realizes
what has happenedand though nobody
says a word of explanation, you understand
and feel the floor drop away. n
The Nation. 37 October 27, 2014
SHELF
LIFE
bers of the legislature represented at least
40 percent of the population. Through-
out the twentieth century, the population of
urban districts swelled, but their legislative
representation never increased accordingly.
In much of the nation, a rural vote was worth
more than an urban onewhich suited busi-
ness leaders and white supremacists just fine.
After World War II, as reapportionment
movements sprang up, businesses and poli-
ticians who benefited from the status quo
hired lobbyists to defend it. It was a matter,
they said, of balance and minority rights.
What they failed to recognize or admit,
according to Smith, was that states had a
sovereign existence prior to their union as a
nation; districts, by comparison, were mere
by PETER C. BAKER
incredibly fine-grained detail (meeting by
meeting, argument by argument), how the
Court came to take up the question again
just eighteen years later, in Reynolds v. Sims.
By then, Frankfurter had been forced into
retirement by a stroke, and Earl Warren
was the chief justice. Earlier in his career,
as governor of California, Warren had sup-
ported the over-representation of the states
rural voters. Now he seemed eager to switch
his position.
Critics of reapportionment argued that
it would tear the fabric of the nation apart.
Even some supporters of reform were wary
of going too far, too fast: Archibald Cox, the
solicitor general who presented the amicus
curiae brief in Reynolds, felt sure that the com-
plete realization of proportional repre-
sentation in every statehouse would
precipitate a major constitutional crisis
causing an enormous drop in public
support for the Court. What exactly
this crisis would involvebeyond giv-
ing urban, black and immigrant per-
sons a vote equal to everyone elsesno
one could specify.
Warren led the Court to a sweeping
decision that made one person, one
vote the rule for statehouses across the
nation. For the rest of his life, he would
refer to the Reynolds decision as the most
important of his career. The ruling
was broader than most observers ex-
pected, and the immediate results were
drastic, with states having to suddenly
revamp their districts for the first time
in decades. In Michiganone of the
most unevenly districted states in the
nationfourteen out of thirty-eight
State Senate incumbents chose to retire
before the next election, and another
nine were defeated.
Smith is right that Reynolds was an
important legal landmark. But some
of the books play-by-play analysis of the
case would have been better spent on con-
textor argument. Only in the epilogue
does he turn to the possibility that the deci-
sion in Reynolds, while epochal at the time,
has been almost entirely hollowed out by
the influence of money and sophisticated,
computer- aided gerrymandering, in which
voting districts are equally weighted but
drawn to maximize the re-election chances
of incumbents. These possibilities cast the
books carefully researched details in a some-
what tragic light: the democracys door-
step of the title seems less like a threshold
cleared and more like a mirage, floating
further and further in the distance even as
so many struggle in its name. n
one person, one vote: is there any
more concise expression of American sen-
timents about democracy? We know that
people are sometimes intimidated into not
voting or stripped of the right to cast a ballot;
that not every ballot always gets counted; and
that money plays an outsize role in shaping
the roster of candidates. Who could
argue with a straight face that it
could ever be otherwise?
In truth, though, one person,
one vote has been more principle
than reality for much of US history.
To this day, it doesnt really apply
at the federal level. Hawaii has
1.4 million residents; California
has 38 million. And yet both states
have two US senators. While each
Californians vote counts equally
when it comes to selecting Califor-
nias senators, those votes influence
the composition of the nations
Senate almost thirty times less than
votes cast in Hawaii. This inequity
is a product of the grand constitu-
tional compromise through which
individual states ceded their sov-
ereignty to the union. Each states
number of seats in the House of
Representatives is determined by
its population; but in the Senate,
all states are equal. Right or wrong,
thats the setup.
Until relatively recently, how-
ever, deviations from the ideal of equal rep-
resentation were in practice far beyond the
US Senate. Prior to 1964, most states based
representation in at least one house of their
legislature on factors other than popula-
tion. This meant the weight of individual
votes varied from district to district. In 1962,
writes the historian J. Douglas Smith in
On Democracys Doorstep: The Inside Story of
How the Supreme Court Brought One Per-
son, One Vote to the United States (Farrar,
Straus and Giroux; $35), only five states
Massachusetts, New Hampshire, Oregon,
West Virginia, and Wisconsinapportioned
districts so that majorities in both cham-
Former Chief Justice Earl Warren on the eve of his eightieth birthday, March 18, 1971
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administrative creations of the states. This
may be truebut its also a hard sell to, say,
any high-schooler with a basic sense of fair-
ness. Why would a system that was manifestly
unjust at the state level be unobjectionable at
the federal one? And why should a compro-
mise from 225 years ago change the answer?
In 1946, a challenge to representational
disparities in Illinois reached the Supreme
Court in the case of Colegrove v. Green. The
Court, led by Felix Frankfurter, declined to
intervene on the Kafkaesque grounds that
the remedy for unfairness in districting
is to secureusing an unfair and self-
perpetuating systemState legislatures
that will apportion properly. Much of On
Democracys Doorstep is spent explaining, in Peter C. Baker is a writer in DeKalb, Illinois.
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JOSHUA KOSMAN AND HENRI PICCIOTTO
Puzzle No. 3340
The Nation. 38 October 27, 2014
ACROSS
8 Monetary failure I almost resell for a large profit (6)
9 Dowdiest jockeys like a coin (3-5)
10 Old poem inscribed in cheddar (4)
11 Eloquent British novelist to nudge Austen in the rear
(4-6)
12 Misshape foreign accent (8)
14 Brutal raids preceding introduction of motion to take
guns away (6)
16 Artistic movement is fleet if 14, at first (4)
18 Fluff always involves a sponge (5)
19 Abomination is unruffled if 20 (4)
20 Showed disapproval, breaking dishes (6)
21 Managed moldy garbage any which way (8)
23 Body part where Polly, undressed, wears, e.g., a
diamond earring initially (10)
26 Charger gossip (4)
27 Told a story in article thats regressive and not suitable
for everyone (8)
28 Former Disney chief: I sneer rudely (6)
DOWN
1 Moved swiftly? Um, that sounds like good judgment
(6)
2 Suckers swallowing nonsense with man in the dumps
(5,5)
3 Stream is green if 8 (4)
4 Speechless sorrows float uncontrolled in commercials
(2,1,4,3,5)
5 Like a buggy telephone, plastic was red inside (5-5)
6 Drunkards game piece if 1 (4)
7 Darn! Blunder near a pest (5,3)
13 Unity note: put it in madmans diary (10)
15 Frightful shocks engulfing ancient Eastern workplace
(6,4)
17 Aristotle Onassiss #2 taking up an ounce for a
Phoenician, perhaps (8)
22 Heed tangled tinsel (6)
24 Attract protected status if 22 (4)
25 Nights before trepidation if 28 (4)
SOLUTION TO PUZZLE NO. 3339
ACROSS 1 H(OM)EBREW 5 ER +
AS + ER 10 P(I)LAF (flap anag.)
11 ANTI-QUIT Y 12 hidden
13 I + RIS-[k/H] 15 anag. 18 EYE + W
+ EAR 19 O + VERB + ID
21 rev. hidden 23 flocks 24 anag.
28 TAG(SALON)G 29 anag.
30 setter anag., street anag.
31 TRA S[o]HCAN (rev.)
DOWN 1 HOP + I 2 ME LON
3 3 defs. 4 E-LAND 6 RE + QUIRE
7 S(PIC)INES + S 8 RA-[n/Y]-CH
+ ARLES 9 S(TAM)PEDE (speed
anag.) 14 anag. 16 P(REF)LIGHT
17 END + EAVOR (over a anag.)
20 BO(XC)ARS 22 MUFF + IN + S
25 TI(G)ER 26 CU + BIC 27 O + DIN
~1~2~3~4~5~6~7~
8`````~9```````
~`~`~`~`~`~`~`~
0```~-`````````
~`~`~~~`~`~~~`~
=````q``~w`e```
~~~`~`~`~`~`~`~
rt``~y````~u```
~`~`~`~`~`~`~~~
i`````~o`````p`
~`~~~`~`~~~`~`~
[``]`````\~a```
~`~`~`~`~`~`~`~
s```````~d`````
~`~`~`~`~`~`~`~
HOMEBREW~ERASER
O~E~U~L~S~E~P~A
PILAF~ANTIQUITY
I~O~F~N~A~U~C~C
~INTANDEM~IRISH
S~~~L~~~P~R~N~A
IMPLODE~EYEWEAR
M~R~~~N~D~~~S~L
OVERBID~ENMASSE
N~F~O~E~~~U~~~S
PHLOX~ARTIFACT~
E~I~C~V~I~F~U~O
TAGSALONG~INBED
E~H~R~R~E~N~I~I
RETEST~TRASHCAN
Hints! Guidelines! Tips!
See Word Salad at thenation.com/blogs/word-salad.
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One Share, One Vote
Those with the largest stake in a company, get the most say. This
may be a reasonable way to run a publicly traded company, but it
should not be confused with actual representative democracy. This
confusion is at the heart of an attack on an important corporate
accountability tool the shareholder proposal.
Each year, publicly traded corporations issue proxy statements, asking their shareholders to elect the
board of directors and vote on a variety of matters, including any proposals offered by shareholders. If
you hold one hundred shares in a corporation, you get one hundred votes.
Social-issue shareholder proposals often present the concerns of those who are left out of the
corporate governance process, like employees and members of communities affected by corporate
activity. Ecosystems have no voice unless we speak on their behalf. Votes for these proposals have risen
dramatically over the past several decades, infuencing practices at thousands of companies.
The U.S. Chamber of Commerce, the most powerful business lobby in the country, is asking the
Securities and Exchange Commission to reconsider its rules, and make it more diffcult for shareholder
activists to raise issues like climate change and human rights.
Most shareholders, the Chamber says, dont care about these issues. After all, they argue, these
proposals rarely receive a majority vote at corporate annual meetings.
The Chamber is confusing corporate democracy with real democracy. Remember that one share,
one vote principle? If a proposal receives a 10% vote, it does not mean that 90% of shareholders
opposed it. It means that 90% of the shares voted opposed it. Individuals arent counted. Only shares
are counted. And who controls the majority of those shares? Corporate executives, large mutual fund
managers and other institutional investors are voting on behalf of millions of individuals like you who
have never been asked their opinion.
It is simply false to say that most shareholders voted No
on proposals asking companies to disclose their political
contributions or report on their environmental impact when
most shareholders have never been asked. You are essentially
voicelessunless you speak up.
You can end the silence today by asking your mutual fund manager
about its proxy voting practices. Back in 2003 the SEC adopted a
rule to require them to tell you how they voted. So dont be shy.
Its your money, and your vote. You have a right to know.
Are the Domini Social Equity Funds votes consistent
with your views? Scan the QR code to the right, or visit
www.DominiFunds.com to review our voting record.