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The Justice Department’s identity problem
Written By : Cal Thomas

Is there, or should there ever be, a point when a state is no longer penalized for its discriminatory past?

Not according to the Department of Justice, which last Friday rejected a South Carolina law that would have required voters show a valid photo ID before casting their ballots.

Justice says the law discriminates against minorities. The Obama administration said, “South Carolina’s law didn’t meet the burden under the 1965 Voting Rights Act, which outlawed discriminatory practices preventing blacks from voting.” Why South Carolina? Because, the Justice Department contends, it’s tasked with approving voting changes in states that have failed in the past to protect the rights of blacks.

Are they serious?

There are two African Americans representing South Carolina in the U.S. House of Representatives, One is Tim Scott, a freshman Republican. The other is 10-term Rep. James Clyburn, the current assistant Democratic leader. There are numerous minority members of the S.C. state legislature and Governor Nikki Haley who is Indian-American.

This is not your grandfather’s South Carolina. This is not the South Carolina of the then-segregationist and Dixiecrat presidential candidate Strom Thurmond. Yesterday’s South Carolina had segregated schools, lunch counters, restrooms and buses and a dominant Democratic Party. Today’s South Carolina is a modern, integrated, forward-looking, dual-party state.

If Justice thinks proving who one is by showing valid photo ID discriminates against minorities, how does it explain the election of so many minority legislators? Are only whites voting for them?

Democrats, especially, should be sensitive to states and people who have demonstrated that they have changed. It was the Democratic Party of the late 19th century that resisted integration throughout the South, passing Jim Crow laws that frustrated blacks who wanted to vote. Those were Southern Democrats who stood in schoolhouse doors, barring blacks from entering. Today, many members of that same party refuse to allow poor minority students to leave failing government schools as part of the school voucher system because they, apparently, value political contributions from teachers unions more than they value educational achievement.

The South Carolina law that offends the Justice Department anticipated objections that some poor minorities might not have driver’s licenses (and certainly not a passport) because they might not own cars. So the state will provide free voter ID cards with a picture of the voter on it. All someone has to do is prove who they claim to be. A birth certificate will do nicely. A utility bill can be used to prove residency.

Not requiring a voter to prove his or her citizenship and residence is a recipe for voter fraud. Democrats like to accuse Republicans of trying to keep minorities from voting because they know most will vote for Democrats. Even if that were true (and it’s debatable) the reverse is probably truer. Some Democrats have allegedly encouraged people to vote who were not eligible, some more than once. Without a valid ID, how can we stop this?

The Brennan Center for Justice at New York University School of Law has compiled a list of new voter identification laws passed this year. In addition to the one in South Carolina, all require some form of photo identification. Will Justice go after all of them, as well?

According to the Brennan Center, a new law in Kansas, effective Jan. 1, 2012, requires a photo ID, with certain exceptions such as a physical disability that makes it impossible for the person to travel to a government office to acquire one, though they must have “qualified for permanent advance voting status…”

A new Texas law, which took effect on September 1, requires a photo ID in order to vote, or another form of personal ID card issued by the Department of Public Safety.

Even historically liberal Wisconsin passed a new law this year requiring voters to prove who they are, in most cases with a photo ID.

Governor Haley and South Carolina Rep. Joe Wilson vow to fight the Justice Department ruling. They should. Photo IDs are required when flying on commercial aircraft or cashing a check. That discriminates against no one. Neither does requiring people to prove who they are before voting, unless, of course, there’s another agenda, like “stuffing” the ballot box.

2
  • Martin Hale

    I think you understate the lengths to which SC went in their law to accommodate and include.  From an article at Human Events by John Hayward:

    South Carolina’s law, duly passed by the legislature and signed by Governor Nikki Haley, was extremely lenient – even more so than voter-ID laws already on the books in some other states.  A driver’s license, passport, military ID, or photographic voter registration card was good enough to pass muster.  According to the South Carolina Election Commission’s filing with the Justice Department, voters could “obtain an Identification Card from DMV, or may obtain a Voter Registration Card with a photo from his county voter registration office, both free of charge.”  Nothing more than a trip to the county voter registration and elections office was necessary to obtain the photo ID.

    If a voter turned up at the polls without the proper photo ID card, they could still cast a provisional ballot, with plenty of time to pick up the proper identification and show it to election officials before the ballot results were certified.  Even conscientious objections to photo identification, which have cropped up here and there, were covered by merely asking for an affidavit from the objector.

    http://www.humanevents.com/article.php?id=48421

    It’s clear that the SC legislature made a serious attempt to make sure that people weren’t disenfranchised by their ID requirement.  And yet the feds have pursued them anyway.  Which is really schizophrenic for a government and an administration which have pressed forward with the trend to require photo ID to participate in more of our country’s life and institutions.  Border crossings with neighbouring nations which used to be accommodated with a driver’s license now require either an E-ID (if your state participates with that programme) or a passport.  When I was young, it didn’t take photo ID to establish a bank account, now it does under federal rules.  Since ID requirements are well-established and common within our society (using a credit card, buying alcohol and tobacco, air travel, anytime any LEO demands it, etc) it’s only common sense that we protect the integrity of our election process with photo ID.

    One final point, Mr. Thomas, on the off-chance that this feedback makes its way back to you – that “Indian-American” hyphen-abomination that you used is just wrong, and personally, I find it offensive.  Ms. Haley is an American.  She’s of Indian heritage.  The correct nomenclature to use, if you’re trying to make a point involving her heritage is “South Asian”.  That term refers to people whose heritage is of Bangladeshi, Indian, Pakistani or Sri Lankan origin.  But in no instance is a hyphenated “blank-American” a proper way to refer to any American.  We’re all Americans, if we allow the Politically Correct Overlords to subdivide us into this, that and the other groups, we all lose our identity.  Do it long enough and there just isn’t a cohesive ethos of “American” to hold us together.

  • http://twitter.com/RhymesWithRight Greg

    This is, of course, the result of the failure of Republicans in Congress to stand tall and refuse to renew Section 5 without serious modification back in 2006.  After all, Section 5 guarantees that misdeeds that took lace during the 1964 presidential election will subject certain states — and only those states — to special scrutiny and federal control THROUGH 2032!

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