The question is: When and why did we lose our belief that we are a nation of laws, not men? That fair elections are the rule, not the exception? That in a democracy the people govern under laws established for the common good -- laws like the Help America Vote Act? The people are the ultimate authority. Has any child graduated from eighth grade without memorizing "a government of the people, by the people, for the people"? I doubt it.
So why is there so little trust in government of, by, and for the people as we approach the most important election since the Civil War? Is it because the Supreme Court, in the most ridiculous decision imaginable, equated "money and speech," leading to a $2 billion race for the White house in 2008, $50 million Senate races, and multimillion-dollar state Supreme Court races? Or maybe it is the realization that paid lobbyists draft the bills voted on by candidates they elect or purchase.
Or was it the idea that corporations have the protection of the Bill of Rights just like normal citizens? Perhaps it was the phony demonstrations in Florida in 2000 and the Supreme Court's endorsement of the theft of the presidency by Bush and Cheney that year, or possibly that we accepted the theft and mumbled "won't happen again" but did nothing to prevent another one four years later. Katherine Harris, hanging chads, Jim Baker ah, the memories flow.
Was it the long lines in minority neighborhoods, uncounted provisional ballots, and broken voting machines in Ohio in 2004 after the CEO of Diebold, the manufacturer of the voting machines, promised to carry Ohio for Bush and Cheney?
All of the above and more. No one I have talked to lately believes that the results of the voting in 2008 will be honest. And that, "my friends," as John McCain likes to say, is scary. What I hear are laments from well-educated, committed small "d" democrats wondering aloud, "How will they steal it this time?" I get nervous and irritable.
Is there a "Bradley" effect, or are we being set up by those who would steal it again to explain why Barack lost when the exit polls had him winning by double digits? Not cheating by the folks who "won" in 2000 and 2004, but closet racists who lie to all pollsters. The nonsense of accusing ACORN of massive fraud fits right in.
More to the point, is it part of the plot to disenfranchise minorities? You know, an unsupported claim that there is lots of voter fraud so why not just give the challenged voter a "provisional ballot" so they think they have voted but the ballots will remain unopened? It looks like democracy.
Remember W's attempt to use the old saw, "Fool me once, shame on you. Fool me twice, shame on me?" Well, look again at the election of 2000, look again at 2004; are we ready for 2008 to avoid another grand theft or is it shame on all of us? I am not sure.
Think about the lies and distortions they got away with in leading thousands of young Americans to a premature death in Iraq and ask: Why did we let that happen?
My law school professor, Nate Feinsinger, used to say, "Pray for peace but keep your powder dry." Let's follow that advice. Vote early and then be available to help at the polls. Drive someone, call your friends and family. Take nothing for granted.
It is not important that this election be fair, it is essential.
Ed Garvey is a Madison lawyer, political activist and the editor of the fightingbob.com Web site.