8 Ways America's Headed Back to the Robber-Baron Era
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Beginning with the Citizens United decision and continuing with the recent overturning of that 1912 law, the Supreme Court has allowed corporations and wealthy plutocrats to buy elections openly once again.
5. Supreme Court Partisanship
In the Gilded Age, the Supreme Court interpreted laws not as to the intent of the lawmakers, but to promote business interests. It refused to enforce the 14th Amendment to stop segregation, but it did create the idea that a corporation was a person with rights. The Sherman Anti-Trust Act of 1890 was intended to moderate monopolies; the Supreme Court only enforced it against unions since organized labor “unfairly restrained trade.”
Today’s Supreme Court has resorted to this aggressively partisan stance. The Court is fine with the open flouting of the 4th Amendment, allowing strip searches of middle-school girls if they’re suspected to be carrying drugs, but creates a grotesque expansion of the 14th Amendment in the Citizens United decision. Meanwhile, Antonin Scalia just took the opportunity in a Supreme Court dissent to lambast his colleagues for striking down much of the Arizona anti-immigration law by approvingly citing 19th-century laws in the South that limited the movement of African Americans.
6. Violations of Civil Liberties
In the late 19th century, civil and military authorities looked down upon protesting citizens. Widespread violations of civil liberties took place when Americans protested for almost any reasons, whether it was labor unions, political gatherings in Washington, D.C., or African Americans organizing to protect themselves from white supremacists. Police shot strikers and thugs and mobs murdered organizers.
Today we are seeing a growing recreation of this society with no respect for civil liberties. The use of police violence against Occupy protesters, like the pepper-spraying of nonviolent activists at the University of California-Davis did spawn some outrage. But in the aftermath of the PATRIOT Act, the authorities have tremendous power to suppress protest and are not afraid to use it against peaceful citizens.
7. Voter Repression
The Gilded Age saw the rolling back of Reconstruction, with black people unable to vote in the South due to the grandfather clause, poll taxes, literacy tests, and threat of violence. Conservative extremists have chafed at black people voting ever since the civil rights movement ended segregation.
Today, voter ID laws and voter roll-purging seek to limit black voting again. Florida Governor Rick Scott hopes to purge enough black people from the voting rolls to swing the Sunshine State to Mitt Romney this fall, while a lawmaker in Pennsylvania openly said the Keystone State’s recently passed voter ID law would do the same. Even more shocking, the recently released Texas Republican Party platform has a plank calling for the repeal of the Voting Rights Act of 1965, passed in the wake of police beatings of civil rights protestors in Selma, Alabama.
8. Anti-Immigration Fervor
In the Gilded Age, Americans feared the millions of people coming from eastern and southern Europe, the Middle East and Asia to work in the nation’s growing economy. Fearing these immigrants would never assimilate, Americans looked to bar their entry. Beginning with the Chinese Exclusion Act in 1882 and continuing through the Immigration Act of 1924, the country slowly closed its doors to the world’s tired and hungry.
Today’s immigrants face an increasingly militarized border, states like Arizona trying to usurp federal immigration policy, and increased numbers of deportations. Conservatives fear the changes Latinos could bring to the United States and talk about English-only laws and the evils of bilingual education. They also recognize the likelihood of Latinos voting for the Democratic Party in coming decades and thus use the same kind of voter repression strategies that target black voters.