by James A. Bacon
Once upon a time, when he helped run L. Douglas Wilder’s history-making gubernatorial campaign, Paul Goldman was regarded as a progressive voice in Virginia politics. If he writes many more op-eds like the one published Sunday in the Richmond Times-Dispatch, he could well become anathema to progressives. Not because he has changed his principles, mind you, but because progressives have come to toss around accusations of racism with such reckless abandon.
Goldman’s topic was Governor Terry McAuliffe’s executive order restoring full civil and voting rights to 206,000 felons convicted of both violent and non-violent crimes. The Richmond attorney and political activist makes two critical points that dovetail with my critique of contemporary progressivism.
One is that McAuliffe’s defenders make unsupported accusations of racism and discrimination that only “make it harder for those fighting for honest change.” Specifically, Goldman tackles the notion that Article II, Section 1 of the Virginia Constitution — “no person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority” — was intentionally written to disenfranchise African-Americans.
To the contrary, notes Goldman, disenfranchisement of felons dates back to colonial times when only white men were allowed to vote. Moreover, Virginia civil rights legend Oliver Hill reviewed and approved the provision for inclusion in the 1971 Virginia constitution.
A second point is that the people who get so agitated about the injustice done to felons are remarkably quiet about the injustices the felons inflicted upon their victims. While felons in Virginia are disproportionately African-American, so are crime victims.
As Goldman writes, “For the government to suggest a victim or loved one is anti-black because she opposes automatic restoration [of civil rights] without any showing of contrition is unjustified. It demeans the victim.”
A strong case can be made that the process of restoring rights to non-violent felons should be made easier — no individual petition necessary. But blanket restoration for violent felons without giving the victim an opportunity for input or any requirement for the predator to show contrition should be prohibited, Goldman writes. “The petitioning process must not itself be punitive. Yet it can’t be pro forma.”
Lastly, Goldman didn’t make this point but I will: Finding the proper balance for restoring felon rights is not the sole prerogative of the governor. McAuliffe needs to engage in give and take with the legislature. Sadly, the rule of law is regarded among political elites as increasingly optional — something to be enjoined when they can harness it to advance their aims and sidestepped when it cannot. A couple of years back, I said that progressives should be cautious with the precedents they set — just imagine how worried they would be if Sarah Palin were elected president with the power to re-write laws through executive decree. Now they face an even more terrifying prospect — an imperial presidency run by Donald Trump, the man for whom everything is negotiable and “so sue me” is a business best practice. Granting presidents and governors power to re-write laws at will cuts both ways.
Update: General Assembly Republicans are filing suit to halt enforcement of McAuliffe’s executive order.