The Common Good Forum, January 19, 2011
The Progress We Need from the 112th Congress
by Wade Henderson, President and CEO of The Leadership Conference on Civil and Human Rights and The Leadership Conference Education Fund
Civil and human rights advocates are bracing for significant challenges in the 112th Congress following the 2010 midterm elections. With the return of divided government, we anticipate a greater degree of legislative gridlock, including even more filibusters and secret holds on what should be routine business. Realistically, the odds of achieving passage of significant civil and human rights legislation over the next two years appear to be stacked against us.
But that doesn't mean that we won't continue to make progress toward an America as good as its ideals. If anything, the daunting challenges ahead should embolden us to do the critical base- and capacity-building work in our communities to inspire, organize, and prepare for the change that we know will come -- albeit more slowly. Now is the time to lay foundations on which to build a more prosperous future for all.
In my view, we must focus our energies on five critical issues that represent a major portion of the "unfinished business" of the civil and human rights movement.
First, economic security. For economists, the recession may have officially ended in June 2009, but we know that far too many Americans are struggling. Our unemployment rate remains above 9 percent -- nearly 15 million unemployed workers. And if we consider the underemployment rate of nearly 17 percent, we know there are millions more workers and their families who are suffering.
Creating jobs is the number one issue on the minds of every person in this country. But the truth is that we'll have to push the Obama administration and the next Congress to take the bold and creative steps necessary to put Americans back to work. There are a number of good ideas out there, including the Local Jobs for America Act, which we supported in the 111th Congress. But the civil and human rights coalition must work to amplify the need for such policies if we expect to see them carried out in the next two years.
Second, judicial appointments. In the last two years, we saw an almost complete abdication of the Senate's responsibility to ensure that our federal courts are sufficiently staffed to effectively administer justice. Although Elena Kagan and Sonia Sotomayor were confirmed to the Supreme Court, obstruction has become the norm for federal judicial nominations at the district and circuit court level.
With 115 vacancies -- 45 of which been termed judicial emergencies by the Administrative Office of U.S. Courts -- the consequences of this political gamesmanship are significant. Packed dockets mean that judges are overworked and plaintiffs wait far longer for their day in court. And as we all know, justice delayed is justice denied.
The situation has deteriorated so badly that there is significant interest in Congress and among many civil and human rights advocates to reform the filibuster to prevent one senator from holding up the business of the Senate. As a civil rights advocate, I understand the vital importance of protecting the rights of the minority, but I also believe that we need to think seriously about reforming the filibuster to prevent its abuse so that the Senate can function more effectively.
Third, comprehensive immigration reform. Immigration has been a contentious issue in Washington for decades, and that's not likely to change in the 112th Congress. While everyone agrees about the seriousness of the problem, Washington cannot -- or will not -- come together to fix it. As a consequence, that void is creating an opportunity for a host of mischief, including the introduction of many divisive and retrograde bills that will further distract our country from focusing on realistic solutions.
Recently, a group of state legislators pledged to push state-level legislation to deny the privileges of U.S citizenship to the U.S.-born children of undocumented immigrants -- a clear violation of our Constitution. Constitutional citizenship enshrined in the 14th Amendment was intended to insulate citizenship from the prejudices and predilections of any politician or era by ensuring that all those born on U.S. soil are U.S. citizens entitled to equal protection of our laws.
The Leadership Conference is one of a number of civil and human rights organizations that have formed a coalition, Americans for Constitutional Citizenship, to defend the citizenship of every single child born in this country from this kind of blatantly unconstitutional legislation.
Fourth, public education. High-quality public education for every child is unquestionably one of the most pressing issues that we face as a nation. It is the fundamental right upon which all others depend. And yet, by almost every measure, schools are failing our children. Every year, more than a million students don't graduate from high school on time. A disproportionate number of these students come from communities of color and low-income communities.
Despite the political environment, we actually see a real opportunity for significant progress in reforming our public schools to ensure that every single child has access to a high-quality public education. Americans understand that this is a moral outrage. And with the Elementary and Secondary Education Act likely to be considered in this Congress, the United States has a critical opportunity to fix a system that is an embarrassing failure and ensure that every child has access to a high-quality education. This is a cause that should unite the leadership of both political parties.
Finally, transportation equity. Transportation policy is critical to ensuring opportunity for all; it connects us to jobs, schools, housing, health care -- even grocery stores. But millions of low-income and working-class people and people of color live in communities where quality transportation options are unaffordable, unreliable, or nonexistent. The choices we make with respect to federal transportation policy -- what we build, where we build it, who builds it, what energy powers it -- have an enormous impact on our economy, our climate, and our health.
This year, Congress must reauthorize and reform the federal transportation law that provides significant funding to the nation's transportation infrastructure. Doing so could also help address the nation's jobs crisis. The construction industry was badly hit by the recession, worse than any other industry. In short, we can put people to work on one of our country's most critical priorities -- and do it in a way that is environmentally sustainable and connects diverse communities to jobs and other services.
This will be a battle in Congress, particularly with freshman members who are determined to cut spending even for critical investments that could put people back to work. But I think if we make Americans understand how transportation policy that is fair and equitable will restore American prosperity they will get behind it.
We know the road ahead is filled with obstacles, but we've been here before. In spite of all the challenges that we face -- indeed, because of all the challenges we face -- we are fortunate to live at the beginning of the 21st century. This is truly a mountain top moment when we can see, behind us, the legacy of those who came before; and in front of us, the future that we will leave to those who follow.
