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- <text id=93TT1899>
- <title>
- June 14, 1993: The Political Interest
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1993
- Jun. 14, 1993 The Pill That Changes Everything
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- The Political Interest, Page 27
- Another Blown Opportunity
- </hdr>
- <body>
- <p>By Michael Kramer
- </p>
- <p> In the midst of last year's Los Angeles riots, a hesitant,
- almost sobbing Rodney King asked the question at the core of
- America's existence as a humane society: "Can we all get along?"
- Perhaps not, but certainly not if we can't talk, and that is
- the tragedy of the Lani Guinier affair. It is the President's
- prerogative to nominate whomever he choses--and to withdraw
- a nomination if he loses faith in his choice--but in precluding
- a Senate hearing that would expose Guinier's views to a serious
- discussion about minority rights, a course he says he chose
- partly to avoid a "bloody and divisive conflict," Bill Clinton
- has denied the nation an opportunity to confront its racial
- prejudices.
- </p>
- <p> In an age when the collective attention span is measured in
- nanoseconds, a chance to engage the entire country in a complex
- debate is rare. One need not have agreed with Anita Hill's challenge
- to Clarence Thomas to have one's consciousness raised about
- sexual harassment. Lani Guinier was similarly poised to illuminate
- an emotional issue. In showing her the door, Clinton in a way
- affirmed Senator Bill Bradley's observation: "When politicians
- don't talk about the reality of what everyone knows exists--that as slavery was our original sin, so race remains our unresolved
- dilemma--they cannot lead us out of crisis."
- </p>
- <p> Guinier's beliefs, most of which advance an informed discussion
- of how to balance majority rule and minority rights, do not
- lend themselves to sound-bite analysis. But one idea in particular
- is a notion the Senate especially could have profited from considering.
- Like the Reagan and Bush administrations, Guinier is a champion
- of "two-thirds supermajorities," the idea that discrimination
- is sometimes so invidious that majority rule must be tempered.
- In fact, it was the Reagan Administration that supported a plan
- that required Mobile, Alabama's seven-member city commission
- to muster a supermajority of five votes instead of four to pass
- legislation, thereby ensuring that the support of at least one
- of the city's three black commissioners would be needed. That
- action, which Guinier applauds, may be radical, but it has deep
- bipartisan roots. It wasn't Guinier who said that "democracy
- is trivialized when reduced to simple majoritarianism"; it was
- the conservative commentator George Will.
- </p>
- <p> The Senate should appreciate such arguments because it regularly
- employs similar devices. Only 40% of Senators are needed to
- filibuster legislation; a two-thirds supermajority is required
- to approve treaties or override a presidential veto. Above all,
- the fact that every state has two Senators, regardless of its
- population, flies in the face of "one man, one vote," a constitutional
- suppression of majority rule expressly designed to protect the
- minority rights of rural states.
- </p>
- <p> In two sentences last Friday, Guinier summed up the state of
- race relations in the U.S.: "We have made real progress toward
- Martin Luther King's vision of a society in which we are judged
- by the content of our character, not by the color of our skins.
- But we are not there yet." The truth is we will never be there
- until every American can answer "Often enough" to Bill Bradley's
- question, "When was the last time you had a serious discussion
- about race with a person of a different color?" Advancing racial
- equality (the single principle on which Clinton has said he
- will never compromise) can be accomplished in many ways and
- in different forums. A Senate debate over Guinier's nomination
- was only one, but it was there for the taking. It may have been
- divisive, but it could also have been cathartic. That it won't
- happen is a shame.
- </p>
-
- </body>
- </article>
- </text>
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